Judge Walker held that the president lacks the authority to disregard the Foreign Intelligence Surveillance Act, or FISA -- which means Bush's warrantless electronic surveillance program was illegal. Whether Bush will ultimately be held accountable for violating federal law with the program remains unclear. Bush administration lawyers have fought vigorously -- at times using brazen, logic-defying tactics -- to prevent that from happening. The court battle will continue to play out as Congress continues to battle over recasting FISA and possibly granting immunity to telecom companies involved in the illegal surveillance. --Suing George W. Bush: A bizarre and troubling taleThe complete story at Sott.net outlines the sorry history of how the Bush administration has defined the law of this nation as well as the laws of common sense and decency to carry out a program that would have made even Richard Nixon or J. Edgar Hoover blush. It would seem to me that it's now well established that Bush is indictable in a Federal Court. It is also my understanding that any sitting federal judge can now --upon his/her own motion --convene a federal grand jury to investigate Bush's many violations of federal law, not the least of which are US Codes, Title 18, Section 2441, which make Bush subject to the penalty of death for each death of his war of aggression in Iraq.
(a) Offense.- Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death. --TITLE 18 > PART I > CHAPTER 118 > § 2441 § 2441. War crimesIt's easy to find evidences of Bush's tyranny. Here's a headline linked from the article cited above.
It is the Bush administration which has pressed this issue, an issue that has come up, until Bush, just four times in 23 years. But since 911 and the Bush wars for which it is fraudulently cited in justification, Bush has seized upon a Supreme Court ruling of 1953 to justify sweeping authority far beyond anything that could have been envisioned by the courts. Mere mention of two words --'state secrets' --was always enough to get a wink and nod from a federal judge. Things have changed. There is the possibility that George W. Bush is under investigation by a Federal Grand Jury as we write this.
Editor's note: This article is part of a Salon investigative series on spying inside the United States by the Bush administration. Research support for the article was provided by the Nation Institute Investigative Fund.Spying on Americans without warrants, charges based on secret evidence, a small town divided by fear. Welcome to the world of Bush's "specially designated global terrorists." May 19, 2008 | RIYADH, Saudi Arabia, and ASHLAND, Ore. One day in March 2004, Soliman Hamd Al-Buthe, a former member of Saudi Arabia's national basketball team and a government official in the city of Riyadh, picked up his phone for an urgent call with two American lawyers in Washington, DC Most of the call concerned a growing confrontation between the US government and the Al-Haramain Islamic Foundation in Ashland, Ore., the US branch of a global Saudi Arabian charity organization under investigation for possible links to terrorism. Al-Buthe had been an advisor to Al-Haramain from 1995 to 2002 and was a member of the Oregon foundation's board of directors. Just weeks prior to the call, the foundation -- a respected fixture in the Ashland community run for years by an Iranian-American Muslim named Pete Seda -- had been raided by US law enforcement agents. --Blacklisted by the Bush government, Tim Shorrock, Salon
Federal grand juries do two things: They investigate to determine if federal crimes have been committed; and they indict, or bring criminal charges against, those whom the grand jury believes committed federal crimes. To indict, the grand jurors must have probable cause to believe the persons indicted did violate federal criminal law. Grand juries offer prosecutors several advantages in conducting a criminal investigation, especially a high-profile, factually complicated investigation. For one thing, grand juries operate in secret; this not only gives prosecutors the ability to shield the evidence they are gathering from disclosure to the press and others, it can also encourage people to cooperate with a grand jury. Unless a witness reveals that he or she testified before a federal grand jury, no one ever needs to know that occurred, and since the transcripts of grand jury testimony are secret, no one will know what the witness said. This can be an advantage in an investigation, such as an investigation into terrorism, where witnesses may be afraid of retaliation if they cooperate with investigators. Grand juries also give prosecutors the power to subpoena witnesses and evidence from around the country and, in some circumstances, from other countries, as well. (Getting evidence from abroad is discussed below.) If federal agents want to interview someone, the person can refuse to speak to them; this is true even if the person is arrested as a material witness, because persons who are arrested can invoke the Miranda rights to silence and to an attorney. The U.S. Supreme Court has held, however, that the Miranda rights are not available to witnesses subpoenaed to testify before a grand jury. Unlike someone being interrogated by federal agents, a grand jury witness not only has not right to silence or counsel, he or she is required to answer questions posed by the prosecutor working with the grand jury and by the grand jurors. A grand jury witness can refuse to answer if he or she can invoke the Fifth Amendment as to a question, but the privilege must be claimed as to each question and the prosecutor can challenge a witness' ability to invoke the privilege. --Using a Grand Jury to Investigate the September 11, 2001 Terrorist Attacks, Susan Brenner & Lori ShawIt is against both the letter of the law, logic, and common sense to allow Bush carte blanche to dismiss out-of-hand legal challenges to his various assumptions of dictatorial powers. This is crucial! Bush wars on Iraq, Afghanistan and 'terror' can be shown to be criminal and fraudulent. No other criminal defendant could simply invoke 'executive privilege' in order to have the smoking gun evidence against him thrown out of court. And Bush must no be allowed to do so either!
A very important and related story at Alternet: Worries About War Crimes Heat up in the White House. Bush should worry. Any competent prosecutor could make an open and shut case right now that George W. Bush, who ordered the illegal attack and invasion of Iraq, is personally guilty of war crimes that demand the death penalty.
See: US Codes, Title 18, Section 2441.