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June 24, 2008

Granting Immunity to Telecoms is a Criminal Act

By Susan Allen

Granting Immunity to Telecoms is a Criminal Act Congress lacks Authorization to Grant Telecoms Immunity for wiretapping.

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The U.S. Constitution was written to afford U.S. citizens clear precise laws so that they might know their rights and secure justice in the courts.  However, the federal government's increasing focus on the fraudulent "war on Terror" had led to an illegal expansion of government and reduced civil liberties for citizens under the color of law.  Now the House has just passed by majority vote a grant of privileged immunity for the Telecoms, guilty of spying on Americans.  This act of anarchy by Congress dishonors the United States.    For the Senate to approve this measure would be a criminal act. 

Congress lacks Authorization to Grant Telecoms Selective Immunity  

Article 4, Section. 2. Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. All citizens are entitled to the same immunities.  Telecoms are not entitled to privileged immunities.

War on Terror is a Fraud

Article 1, Section 8, Clause 15 states:   The Congress shall have Power to provide for calling forth the Militia to suppress an insurrection or to repel an invasion.  Article 1, Section 9 states:No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;

Terror is not a crime.  It has no name, no face, and cannot be caught and jailed.   It's illegal to fund the war on Terror because terror is an emotion and not a tangible thing.  Given terror is invisible, it cannot be fought.   A war against something invisible is absurd.   

In fact, terror has a useful purpose.   Terror is responsible for triggering the "fight or flight" response needed for self-defense.  Therefore, Terror is not a mandate for war and it cannot be used to grant the right of Telecoms to spy on U.S. citizens.  

Fourth Amendment Prohibits Warrantless Searches

Amendment 4 states:  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

The online legal Dictionary states:"Federal and state criminal statutes provide for the punishment of persons convicted of fraudulent activity. Interstate fraud and fraud on the federal government are singled out for federal prosecution. The most common federal fraud charges are for mail and wire fraud. Mail and wire fraud statutes criminalize the use of the mails or interstate wires to create or further a scheme to defraud (18 U.S.C.A. §§ 1341, 1342). http://legal-dictionary.thefreedictionary.com/fraud

The Telecoms violated U.S. citizens' Fourth Amendment rights.  Under the law, they must be prosecuted under the law.  Failure to prosecute criminals is condusive of anarchy.  U.S. citizens are not paying taxes to support anarchy. A Republican Form of GovernmentArticle 4, Section. 4 states:  The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;  The Telecoms engaged in wire tapping while U.S. citizens talked on the phone.  President Nixon was impeached for this.  

President Bush and Congress have no authority under the law to amend the Constitution without State ratification.   Wiretapping, without approval through three-fourths state ratification is therefore illegal.  Ex Post Facto laws are illegalArticle 1, Section 9, Clause 3 states: No ex post facto Law shall be passed.What this means is, what is illegal cannot be made legal retroactively. Voting to grant immunity to the Telecoms for spying on Americans is therefore an illegal act. 



Authors Bio:
My commitment to uphold our civil rights and defeat the "War on Freedom" inspires me to work collaboratively with people, activists groups and communities.

I'm a Legal Advocate, M.Ed. University of Michigan.

My interest is to bridge diverse ideas, create consensus and build community with respect for the integrity and goals of its members.

Community Matters
I'm a member of several organizations including: League of Women Voters, Democratic Town Committee, Brookline Access Television, Peaceworks, SPED PAC and Citizens for Equal Opportunity. I produced Brookline Cable News on Brookline Access Television from 1996 to 1998.

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