Lawfully Speaking Vol. III, Issue No. 8
A Periodic Internet Political Column
Written by William H. Huff
According to Mr. Bartlett of quote-gathering fame, Sir John Harrington once stated, "Treason doth never prosper: what’s the reason? Why, if it prosper, none dare call it treason."
While ‘U.S. Authorities’ try to decide what to do with John Walker, a ‘Taliban fighter’ of ‘Native [not aboriginal]’ American descent, we hear little in the major media regarding the Constitutional Paradox that is staring us in the face: Without a lawful war, how can you prosecute ‘Treason’ lawfully speaking?
When you ‘need’ a war, and you are in a terrible rush, there may be some loose ends. Perhaps John Walker’s dilemma will provide us with yet another object lesson from those who continue to try finding new and creative ways around our Constitution. It is my hope that Americans will be impressed once again with our desperate need to study and competently enforce our Constitution BEFORE we suffer ultimate national embarrassment.
Here we see an example of a man, who, for whatever reason, decided his allegiance was to the cause of the Taliban in Afghanistan. Had he been fighting with them against the Russians I doubt that we would ever know his name. Had he been fighting somewhere else for some clandestine operation of the CIA, again, he would remain anonymous [probably for reasons of ‘national security’]. Ironically, we might also know him had he distinguished himself as Michael New by refusing to go along with the UN-American agenda of the UN - an agenda that seems to be required only when it suits the best purposes of the global elite or the most powerful military nations as it pleases them. Michael had to be punished for allegiance to the Constitution. Now a way to punish Walker must be devised without revealing not only contempt for the Constitution but also carefully skirting issues of alleged international law and perhaps the Geneva Conventions as well.
If Michael New’s case is a precedent, one can be punished for loyalty to the Constitution. Those military tribunals are certainly efficient aren’t they?
When government servants deliberately try to trash the Constitution throughout their entire Criminal careers it is even more frustrating to hear them quibbling over nuances of law under the Constitution. Is ‘Treason’ only what it was understood to be when the Constitution was ratified, or is it an elastic thing that can be stretched around John Walker’s neck? Is Walker a prisoner of war, or is he an undeclared prisoner of an undeclared war? If Walker cannot be guilty of ‘Treason’ since no war was lawfully declared, can he be punished, or even put to death, under some new law that they make up in order to avoid embarrassing themselves over their Constitutional negligence? And if under some new law, his attorneys, it must be hoped, would seize upon another rusty old Constitutional principle: the prohibition of an ex post facto law. - Article I, Sec. 9, Cl. 3.
Then again, a really clever prosecuting attorney might insist that Walker was outside of all Constitutional protections because he was fighting in a jurisdiction outside of the 50 States, and, in fact, in a territory where there was arguably no lawful government or court system. This approach could be further complicated by the fact that the U.S. military was operating under similar circumstances without a Lawful Declaration of War. Where did they get their jurisdiction? Of course, the U.S. military, especially at the highest levels, and the entire Bush family, might not want to push the case into the so-called World Court in The Hague as this precedent could ultimately result in their being indicted by the same court at some point in the future when the worst of their [alleged] unlawful acts are ‘outed.’ A primary element of lawful jurisdiction is geographic location. Ask any honest judge or consult a law dictionary. They have not begun to answer the other jurisdictional requirements of subject matter, venue, and whether or not such and such a court can assert jurisdiction with regard to the person of the accused. All of these complicated issues might be used by either side in this case.
In keeping with the Harrington quote above, it almost goes without saying, that, no one in the U.S. military or the White House should ever be tried for anything. After all, they ‘won,’ the ‘war’ didn’t they? ‘Winners’ cannot commit ‘war crimes.’ Everyone ‘knows’ that - unless it is brought up at some future time when they have become ‘vulnerable.’ Bill Clinton’s lawyers could make up a new list of foolish assertions for their defence in any case.
The Catch 22?
If Walker is not guilty of Treason, perhaps President Bush is guilty of placing our military men in harm’s way without a Lawful Declaration of War, which I am inclined to believe could rise to the level of a Felony crime with regard to actual losses of American lives. But of course I am not a clever government attorney. Nevertheless it will be marvelous to see how they work this out. It’s a good thing for them the major media couldn’t care less about the law or the Constitution - or for honest journalism for that matter.
With Bush’s popularity on the rise we see that famous quote certified once more. The redefined ‘Treason’ of Walker must not be allowed to prosper while the possible Felonies of the ‘Commander in Chief’ must be re-defined as noble acts. All the while Americans will be asked to define away their fundamental God-given unalienable rights in exchange for the latest definition of ‘government protection.’
I think the very least the Bush family can do in the wake of this ‘terrible humanitarian tragedy’ is to make sure a huge oil pipeline gets installed in Afghanistan as soon as possible, with the help of the Cheney family and other ‘friends of the Afghan people’ of course. Maybe we can get our new ‘Patriot Czar,’ the ubiquitous William Bennett, to help set up the new Afghan free public education system. I wonder what the Afghanis think of ‘Czars.’ I have to suppose many Americans are not at all concerned over the illusion of excessive authority conveyed by calling a government servant a ‘Czar.’ The word does derive from ‘Caesar.’ Shall we have a ‘Patriot Nero?’ Does Bennett play the Fiddle?
What is ‘Treason?’
According to the United States Code in Title 18 at Section 2381
"Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States..."
Can one side ‘levy war’ whilst the other side levies an ‘International Police Action?’ Could Walker be guilty of ‘Quasi-Treason?’ Was Walker only a participant in an ‘Anti-Police Action?’
Since the new ‘laws’ regarding the treatment of certain non-Americans cannot apply, perhaps the American People are in for an education, not of what ought to be, but of how strained legal ‘interpretations’ can become for political, or perhaps even commercial purposes. We have a fair chance of seeing some of the best sophistry of our lifetimes.
Sedition is what the Congress and President have been doing for many Presidents and many Congresses.
Willfully overthrowing the supreme Law of the United States, the lawful government, our Constitution, is by definition ‘Sedition.’ The Constitution IS the ‘Government of the United States.’ The government cannot be comprised of mere mortals and their capricious edicts. It can only be represented in their lawful, Constitutional acts, since it remains the ‘supreme Law of the Land.’ Anything they do in violation of it is not law but a legal fiction.
The United States Code defines ‘Sedition’ with some precision:
18 USC Sec. 2384. - Seditious conspiracy
"If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof..."
So it appears the very folks accusing Walker of ‘Treason’ may be guilty of the crime of ‘Sedition’ and/or multiple Felonies for placing American service personnel in the position to lose their lives for an action that did not rise to the level of a lawful war. This is not the first time of course, and they are ‘banking’ on the forgetfulness of the American People and their inability to add 2+2. Since they often stay up all night sometimes working at it, I think they easily meet the ‘conspiracy’ criterion of the statute above.
Who knows what price we will pay for not calling our government into account - for not requiring our servants to obey the law? Where is our Resolve? When, if ever, are we going to demand accountability?
Not to worry - Treason, Sedition, Murder, Felony - can all be re-defined until there will be no ‘crime’ in the world - only a lot of ‘missing persons.’
America is on a course toward national extinction.
It is up to you and me to stem the tide. Most importantly we need to educate ourselves until we truly comprehend the lawful solutions for our national problems. I have a certain anxiety at this point since I have recently witnessed the orchestration of something that is passing for ‘patriotism’ that cannot, at the same time, represent love for the Constitution and the rule of law. And yet, I don’t believe most Americans really believe the alleged consensus exists for what ‘government’ is doing in their name. I think many would agree that it has become almost impossible to determine whether the polls and government propaganda are driving public opinion, or perhaps the media is being used to make most of us believe our neighbors do not have the same questions or the same uneasiness about what is going on. We need better, more intelligent and informed communications. That is what LEXREX is all about.
Education remains the key. Since most of us do not know how to discern whether a particular act of the President or the Congress is Constitutional we must make a commitment to study the law until we can once again hope to be self governed. There is little to no hope that the American people can act wisely under these circumstances and such strong Delusion.
There is an oft quoted scripture that could refer to our temporal national security as well as our eternal state:
"My people are destroyed for lack of knowledge: because thou hast rejected knowledge, I will also reject thee, that thou shalt be no priest to me: seeing thou hast forgotten the law of thy God, I will also forget thy children." Hosea 4:6
This scripture portion is translated differently in the Tanakh or Jewish Bible. It reads "My people are destroyed because of disobedience! Because you have rejected obedience. I reject you as My priest; because you have spurned the teaching of your God, I, in turn, will spurn you as my children."
Each rendering above can help shed light on our present situation. Americans have, for too long, been asleep at the switch. They have become fat, dumb and lazy. They have no idea of what their rights are and they have no clue as to when their servants disobey the law and dishonor the Constitution. Studying the references above can help each of us to determine whether we suffer from ignorance, disobedience, or a combination of both.
It’s up to You
You have the ability to take charge of your own education - to wash your own brain. Others have gone before, not the least of which stand Washington, Jefferson and Madison, the Adamses, Patrick Henry, Dr. Joseph Warren. They all knew exactly what to do and they left us their precious writings and the records of their exploits. Please trust me when I say you have not read and comprehended enough if you believe anyone in Washington is worthy to take up their Mantle. What will you do with them? Are you willing to read, to learn, to teach, to pray, to stand against lawlessness in your own government?
Many of the most essential tools are available here at lexrex.com. Please use them.
"If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be." --Thomas Jefferson to Charles Yancey, 1816. ME 14:384