Emptywheel to Senator Whitehouse: We Only Have 7 Weeks to Indict Bush

[slipslidingaway]

Video at link

http://emptywheel.firedoglake.com/2009/01/22/emptywheel-to-senator-whitehouse-we-only-have-7-weeks-to-indict-bush/

"...In particular, I believe, they are delaying Holder's nomination to shorten the time between the day Holder takes over and the day the statute of limitations on violations of FISA Bush committed on March 11, 2004 start to expire--that is, March 11, 2009, just seven weeks away.

At yesterday's Progressive Media Summit, I had an opportunity to remind Senator Sheldon Whitehouse of that timeline. I reminded him, too, that Bush seems intent on delaying the time when an Article III judge assesses the evidence in the al-Haramain document, which probably proves Bush broke the law..."

[slipslidingaway]

1. Thanks for the R's n/t

[AwakeAtLast]

2. And people wonder why we have a hard time being upbeat and happy

It's because they will stop at NOTHING - even after they've been beaten. In fact they will get WORSE!

K & R

This needs to be seen by as many as possible!

:kick:

[madokie]

3. Of course they will continue to save their asses

President Obama will not allow them to walk away from all this freely. That I'd take a bet on if I was a betting man that is, i'm not.

[Imagevision]

12. Bush administration must be cited and charged with any illegalities if discovered

Obama has said too many times campaigning that those responsible for wrong doings must be held accountable!

[madokie]

13. I don't think President Obama will let America down on that

I don't think he will have to get involved directly and I don't think he will.

[slipslidingaway]

5. Thanks :) n/t

[MasonJar]

4. There are no statues of limitations on war crimes, right?

[slipslidingaway]

6. This is about warrantless wiretapping in this particular case....

there are more threads on this subject at link below.

http://emptywheel.firedoglake.com/

[merh]

7. That statute of limitations is BULLSHIT

If Bush lied and continued throughout his administration to perpetuate the lies and to cover up the crimes, it is a criminal conspiracy or an illegal enterprise and he and those that assisted in the coverup could be charged with RICO/Conspiracy charges - the statute would begin to run on the day he left office or beyond, as the conspiracy and enterprise continues.

[slipslidingaway]

8. The link mentions a particular case - Al-Haramain v. Bush n/t

[merh]

9. And, as we all know, GWB's administration has been conducting

an illegal enterprise, illegally wiretaping, subverting justice, covering up the crimes, refusing to abide by subpoenas, etc. As long as that illegal enterprise exists, the crime continues, the conspiracy exists. It is an ongong crime.

Statute of limitations begins to run when the illegal acts stop - when GWB no longer could abuse his office and/or his minions their offices under his directions, to circumvent the law, to commit crimes and to obstruct justice and to cover up the crimes.

The Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91-452, 84 Stat. 922, enacted October 15, 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. While its intended use was to prosecute The Mafia as well as others who were actively engaged in organized crime, its application has been more widespread.

18 USC sec 371 - Conspiracy

The Elements

In general, the offense of criminal conspiracy consists of the following elements:

(1) an agreement between parties to achieve an unlawful objective;

(2) the defendant's intent to enter into the agreement and to commit elements of the underlying offense;

(3) the defendant's knowledge of the illegal conspiracy; and

(4) the commission of an overt act by any one defendant in furtherance of the conspiracy.

[merh]

10. And if this blogger is so concerned about the statute of limitations

he should hire counsel to file the civil lawsuit under the RICO statute.

He is not without recourse to act now, if he fears the statute will run.

[Imagevision]

11. Obama needs to use executive privilege to suspend the statute of limitations on violations of FISA