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Tag(s): Impeachment; Justice Department; Politicians Corrupt
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May 17, 2007 at 21:40:12

Comey's Evidence of a Crime - Impeachment Charges Just Sitting There!

by Michael Collins Page 2 of 3 page(s)

www.opednews.com

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Let’s focus on two critical issues that argue strongly that there were illegal acts committed in this affair. This requires confirmation of Comey’s testimony by the witnesses mentioned. In the meantime, it is a vital part of the process of deciding just how soon impeachment proceedings begin.

Oriented to time and place and “taking advantage of a very sick man.”

Comely used very specific words when he described Ashcroft’s condition. He said, “I immediately began speaking to him, trying to orient him as to time and place, and try to see if he could focus on what was happening, and it wasn't clear to me that he could.” A bit later in the testimony, he uses the term orientation again, attributing the assessment to Ashcroft chief of staff Ayers:

He was very concerned that Mr. Ashcroft was not well enough to understand fully what was going on. And he begged me to wait until -- this was Thursday that I was making this decision -- to wait til Monday to give him the weekend to get oriented enough so that I wouldn't leave him behind, was his concern.

Orientation is a term used in psychiatry to indicate a patient’s awareness level of himself and his surroundings: Where are you? Do you know why you’re here? Etc. If you’re not oriented, you lack the ability to make decisions that range from How do I get home? to Should I sign this agreement? An individual absent full orientation can have periods of temporary lucidity. However, these are brief and do not negate the overall condition of disorientation.

Without orientation to time and place Ashcroft would have lacked testamentary capacity, a legal term indicating one has the capacity to sign a contract or, in this case, approve of warrantless spying on millions of citizens of the United States. Comey makes a strong case that there was no such capacity, other than the moment of lucidity when Ashcroft arose from his bed to admonish the two White House representatives and send them on their way.

Those seeking a signed legal agreement are required to recognize observable limitations to testamentary capacity. Comey makes clear that both he and Ayers had serious questions about Ashcroft’s lucidity. Gonzales, a lawyer, and Card should have had serious questions also. Yet they proceeded. This reported perseverance to gain approval indicates that they violated this basic principle of contract law. The person signing the agreement needs to know what he or she is doing.

The visit to the hospital and attempt to “take advantage of a very sick man” was not only ill mannered in the worst way; it was an act of deception against the Department of Justice and citizens. As Comey says and Ayers reportedly supports, Ashcroft was not sufficiently oriented to sign an agreement, let alone a complex legal approval.

Seeking approval of an illegal law then implementing the illegal law.

Before the hospital drama, it was clear that the White House knew that Comey wouldn’t sign off on the reauthorization of the surveillance law. The willingness to go around Comey, the official Acting Attorney General, and seek Ashcroft’s approval is just the opening act of this incident.

The approval was not obtained. Yet as Comey pointed out, “The program was reauthorized without us and without a signature from the Department of Justice attesting as to its legality.”

There are at least two major problems facing the participants in this affair.

First, the White House attempted to obtain approval for a program that they knew the acting Attorney General would not approve. Second, they sought this approval from someone without authority, Ashcroft. He stepped down due to his illness and passed authority to Comey.

Of great significance, however, is the fact that the program was implemented. It doesn’t matter if it was for an hour, a day or a week. Comey tells us warrantless surveillance on U.S. citizens was implemented without the required DOJ approval due to Comey’s unwillingness to attest “as to its legality.”

Section 371. Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. (18USC371) U.S. Code as of: 01/19/04

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http://electionfraudnews.com

Michael Collins is a writer who focuses on clean elections and voting rights. See this summary of his articles plus Election 2004: The Urban Legend and groundbreaking research and commentary in "" His web site, Election Fraud News & The Money Party, offers a collection of resources and commentary on critical issues facing the country.

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14 comments

Professor Bagnolo is a Renaissance man: Cultural Anthropologist, Architectural designer, painter, writer, novelist, theologian. As a child prodigy, abed with polio for almost two years, with an off the charts IQ, reading at the graduate level by 5th grade, offered an opportunity to skip three grades at age 8.Later He was a recipient of an Art Institute scholarship at age 11, a Ford Foundation Fellowship in Anthropology and in Painting and a merit scholarship in art, and was appointed a Graduate ...

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Professor Emeritus Peter BagnoloProfessor Bagnolo is a Renaissance man: Cultural Anthropologist, Architectural designer, painter, writer, novelist, theologian. As a child prodigy, abed with polio for almost two years, with an off the charts IQ, reading at the graduate level by 5th grade, offered an opportunity to skip three grades at age 8.Later He was a recipient of an Art Institute scholarship at age 11, a Ford Foundation Fellowship in Anthropology and in Painting and a merit scholarship in art, and was appointed a Graduate ...

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Michael Collins

Nice work Michael. Now if only someone can get Nancy Pelosi out from under the hypnotic stupidty of her "advisors" the same ones which blew the 2000-2004 elections, we might have a Special Prosecutor begin the Investigatory process.

by Professor Emeritus Peter Bagnolo (144 articles, 1 quicklinks, 95 diaries, 1311 comments) on Friday, May 18, 2007 at 7:09:47 AM

Wanna be member of the anti-word police, author, columnist, activist and muckraker extraordinaire. Author of:Land, Legacy and Lynching: Building the Future for Black AmericaUrban Asylum: Politics, Lunatics and the Refrigerator Woman Contributing editor: (works in progress)Red, Black, Brown & Green: Ethnic People and the Move to Economic Self-Suficiency Screaming Doors (novel) Screaming Doors
M. DavisWanna be member of the anti-word police, author, columnist, activist and muckraker extraordinaire. Author of:Land, Legacy and Lynching: Building the Future for Black AmericaUrban Asylum: Politics, Lunatics and the Refrigerator Woman Contributing editor: (works in progress)Red, Black, Brown & Green: Ethnic People and the Move to Economic Self-Suficiency Screaming Doors (novel) Screaming Doors

Still sitting on its laurels--congress and krew

I hate to accuse an obviously learned, literate individual of an alleged intimate relationship with a hooka pipe or recreational pharmaceuticals, but it will take a reversal of lunar orbit, the walking of dinosaurs on the earth and the infusion of a rat braincell transplant in certain high level gubmint officials before Pelosi develops that much intestinal fortitude. The blinders are stll working, the repubs and dems are still makin' out behind closed doors and the 'public' is too busy playing with its pubes and shortcircuiting its few remaining braincells with an addiction to Amerikan Idol to rise up and demand justice.

by M. Davis (43 articles, 2 quicklinks, 14 diaries, 152 comments) on Friday, May 18, 2007 at 7:22:26 AM

Michael Collins is a writer who focuses on clean elections and voting rights. See this summary of his articles plus Election 2004: The Urban Legend and groundbreaking research and commentary in "" His web site, Election Fraud News & The Money Party, offers a collection of resources and commentary on critical issues facing the country.
Michael CollinsMichael Collins is a writer who focuses on clean elections and voting rights. See this summary of his articles plus Election 2004: The Urban Legend and groundbreaking research and commentary in "" His web site, Election Fraud News & The Money Party, offers a collection of resources and commentary on critical issues facing the country.

Nominated ..."still makin' out behind closed doors "

You said it first...and it's so true. The Sirota article on the trade bill proves this point to a tee! They were not elected to make out with the Republicans. They were eleted to tell the truth...we live in a tyranical state, not a democracy; one that exploits citizens regardless of race, religion or national original It's not at all reflective of the good people of this country who used their right to vote to cast enough votes to keep the election fraud perps at bay and elect a congress that the people intended to act. We need Webb to step forward again as he did in the State of the Union response and crack some heeads. Let's get a move on congress. They probably think that their huge drop in approval is just temporary, that they can make it back up there by Republican scandals Folly!

by Michael Collins (96 articles, 16 quicklinks, 5 diaries, 344 comments) on Saturday, May 19, 2007 at 2:35:36 AM

Thanks Professor

There is a virtual public acclamation for impeachment now yet the "leaders" are not doing what they should, following the people. We pretend to vote, they pretend to get elected is the axiom of the autocrats. Why should they do anything? They've set themselves up for a nice long stay in our nation's capitol on our nickle. Ii'd say they've earned an "F" for the 3rd quarter;) but I'll defer to your better judgement on grading. We'll prevail, just a bit more heat and the atmosphere will shift.

by Michael Collins (96 articles, 16 quicklinks, 5 diaries, 344 comments) on Saturday, May 19, 2007 at 2:29:25 AM

Writer/Photographer. Advocate for clean government, media reform and civil liberties. Chair of the PDA-SJ Impeachment Team and co-leader of the NJ Impeach Groups. Writer and managing editor for OpEdNews.com. cherylbirenwright.wordpress.com
Cheryl Biren-WrightWriter/Photographer. Advocate for clean government, media reform and civil liberties. Chair of the PDA-SJ Impeachment Team and co-leader of the NJ Impeach Groups. Writer and managing editor for OpEdNews.com. cherylbirenwright.wordpress.com

that's it?

that's it? that's all ya got?

Ha - just kidding. It's absolutely insane. What can be more damning that what you've described, what Comey testified about? Those questioning seem to ask a lot of the right questions, some display the appropriate level of disgust, but then what? What difference does damning testimony make if no one does anything about it! I am so angry about the repeated offenses that continue to go on with impunity. God Almighty, Congress do something!

by Cheryl Biren-Wright (19 articles, 23 quicklinks, 8 diaries, 351 comments) on Friday, May 18, 2007 at 8:54:24 AM

"Is that all there is?" ....a bit more below

"I feel your pain." How much worse does it have to get. Well, here are two examples:

Jonathan Turley, Law Professor, nails down the surveillancne absurdities in this great article...ties in with what the creepy due was doing.

http://tinyurl.com/28ndsz

And, here's a gem, didn't know about this one. Seems the surveillance program may have provided enough "goods" on the PTB to silence any criticism for fear of said "goods" going public. This one's a real gem.

http://www.smirkingchimp.com/thread/7529#comment

see "A Great Article but You Forgot Something."

My point was to narrow this to simple charges that were manifestly clear by the Comey testimony. The thought is, if they just start there with an investigation, all sorts of good things can happen.

What will it take to get congress to do what we're paying them for. The impeachment clause says "SHALL" bring impeachment for high crimes etc. They don't have a choice. They now have their smoking testimony. Time for IMIPEACHMENT.

by Michael Collins (96 articles, 16 quicklinks, 5 diaries, 344 comments) on Saturday, May 19, 2007 at 3:01:52 AM

A writer is a rogue goose. All other gees fly in a flock formation; every goose knows his place and time for honking. The rogue goose is undisciplined. He leaves the formation indiscriminately to have a look at it from aside. He roams back and forth, takes a peep at the leader, honks a little bit from behind, distracts everyone and writes on what he sees. Time passes and as he wants to return back to his place he discovers someone else there. Thus he either has to wait until they land for rest...

to see more of bio, click on member name
Mark SashineA writer is a rogue goose. All other gees fly in a flock formation; every goose knows his place and time for honking. The rogue goose is undisciplined. He leaves the formation indiscriminately to have a look at it from aside. He roams back and forth, takes a peep at the leader, honks a little bit from behind, distracts everyone and writes on what he sees. Time passes and as he wants to return back to his place he discovers someone else there. Thus he either has to wait until they land for rest...

to see more of bio, click on member name

Friday musings

Folks

I assume you all honestly say what you think, demanding actions from Congress and being suprised that nothing happens. But that only means that the illusion about those people at power really deciding something is still prevailing, sorry.

There is a deal between the puppetmasters. That deal presumes that GOP keeps the legislative power while Congress can oscillate as soon as the peak oscillatiors know how to behave. The idea is to ' keep the wheel going' while pretending that all is OK: as if whatever was undone in the last 7 years never happened. What you see is a theater. I guess, those ' staff advisors' get salaries in several places. Yes, they bicker and they look good sometimes but NONE of the EVIL had been reversed. NONE. Iraqi war still kills people, Patriot ACT is still there, TSA is there, the unprecedented Secret Police is there, Gitmo is there, torture is there, Katrina results... you name it.

We better watch Dancing with the Stars. At least those bodies are perfect.

by Mark Sashine (51 articles, 19 quicklinks, 244 diaries, 3454 comments) on Friday, May 18, 2007 at 1:08:28 PM

surprised?

"demanding actions from Congress and being suprised that nothing happens"

not sure anyone is expressing surprise here, just anger and disgust. personally, i've indicated in comments on similar pieces and in my own writing that it is beyond the republicans and democrats being in bed together - that it is all a carefully orchestrated conspiracy. so surprise - no. however, you won't catch me watching dancing with the stars anytime soon, i intend to keep at it. i'm not looking for perfection, however, just a little integrity.

by Cheryl Biren-Wright (19 articles, 23 quicklinks, 8 diaries, 351 comments) on Friday, May 18, 2007 at 1:54:19 PM

A clarification...we share a jaded perspective.

I said "The Schumer-Comey exchange is densely packed with material that will appall just about everyone from average citizens to legal experts." I was referring specifically to the hospital visit, which is bad taste for even the machinations of Washington, DC and the those who skulk the corridors of power. It's just all so sleazy.

Having said that, I'm of the belief that the firing of federal prosecutors, while not common, is part of a larger scheme where every act of state has to be checked for the almost guaranteed political advantage that act offers. I outlined my theory here. Bit wordy but the process described is a bit complex.

"Sleep Walking through History." Willing Participants in Our Own Demise 3 April 2007

Why wasn't defunding the war immediately the first priority? Could it be that thos ein power don't care because they don't have to?

Why didn't the repeal of the habeas corpus in that rediculous bill get addressed as #2 with a quick move to #3 save the planet through an emergency eco program. Do these guys have a planetary hideaway?

Amazing isn't it. The stupidity is more refined and disdainful by the day.

by Michael Collins (96 articles, 16 quicklinks, 5 diaries, 344 comments) on Saturday, May 19, 2007 at 3:12:08 AM

Michael Richardson is a freelance writer based in Boston. Richardson writes about politics, law, nutrition, ethics, and music. Richardson is also a political consultant.
Michael RichardsonMichael Richardson is a freelance writer based in Boston. Richardson writes about politics, law, nutrition, ethics, and music. Richardson is also a political consultant.

Connect the dot time

It is connect the dot time. Michael Collins puts out the facts and lets you draw your own picture. Unfortunately an "unindicted co-conspirator" may once again sit in the White House. Or put another way, "What did the President know, and when did he know it?"

by Michael Richardson (81 articles, 15 quicklinks, 0 diaries, 36 comments) on Friday, May 18, 2007 at 2:48:54 PM

Oh, thank you for mentioning that!

I answered this very good point elsewhere and I actually liked it so here goes:

Link

Here's proof that they went to the hospital at Bush's orders: if he didn't approve before the fact, they would have been fired immediately, maybe roughed up a bit in the press, and potentially indicted. This would have been the most insubordinate action of any * loyalist ever. Unthinkable that one could do this and survive with this president.

Proof of that is the standards for the rarely, if ever, firings of the US Attorneys. They were shown the door simply on the basis of not prosecuting enough voter fraud cases, that elusive, 8 federal conviction a year so-called crime.

I wish the press had followed up on that by asking,

Q: "You didn't fire either Gonzales or Card. That's a fact. It follows that either a) you allow massive insubordination by your closest aids or b) you approved of the plan before hand. Which is it?"

*: "Well, uh , ah, I'm not gonna answer that question."

Q: "So we can assume that you run a tight ship, have zero tolerance for the commission of illegal acts in your name by misrepresenting your authority, and therefore believe that, by not firing them, you were behind this entire reprehensible scheme."

These are wordy and not such great questions but the logic is there. They could have done their job and a big favor for the country by cornering him on this.

Of course he approved of it. It's implied in the entire affair, explicitly implied by the comments of Comey and by the entire "tough manager, demands total loyalty, nobody screws him" history.

He should be shown the door, soon. Thanks for bringing this up.

by Michael Collins (96 articles, 16 quicklinks, 5 diaries, 344 comments) on Saturday, May 19, 2007 at 3:20:03 AM

Hello! Do you think that congress can connect the dots.

Maybe some of them have experience with 'paint by numbers' kits. Even without that, most anyone can see that "taking advantage of a very sick man" by having him sign a conract while he's disorientend is fraud and running a program that requires DOJ approval absent that approval is fraud also.

These characters are a pox on the White House. Time for the Doctor to clean house. Which Doctor? I have no idea but someone will step up.

Cheers!

by Michael Collins (96 articles, 16 quicklinks, 5 diaries, 344 comments) on Saturday, May 19, 2007 at 3:24:20 AM

Currently I'm a cartoonist and contributing writer for The New Orleans Levee. For those wishing to view my work you can see my latest at: nolvee.com
Mr MCurrently I'm a cartoonist and contributing writer for The New Orleans Levee. For those wishing to view my work you can see my latest at: nolvee.com

Add to the list ...

Nothings going to happen. Think about it ... with all the impeachable crimes that they have committed to date and not one serious movement within this political body to impeach, what makes anyone think this will do it?

Face it ... our entire government is corrupt to the core. Our elections are rigged. Our representatives do anything but represent us. Our so-called republic is a joke and former shell of itself. And please don't give me that "give it time" BS. Times up!

by Mr M (4 articles, 0 quicklinks, 12 diaries, 1428 comments) on Friday, May 18, 2007 at 9:10:25 PM

I have a little theory on that;)

Teardown: The Mainstream Media Turns on Bush Oct 11, 2006

It happened before 2006 and was no accident.

You are very right! The key is, has the decision been made that now is the time. The 911 tragedy was enough for me but I'm a dit demanding of our public officials. I insist that they do their job or do the cakewalk.

Maybe the belle weather is Brian Ross finding some names in that DC Madam's black book that are interesting.

by Michael Collins (96 articles, 16 quicklinks, 5 diaries, 344 comments) on Saturday, May 19, 2007 at 3:28:32 AM