This is an open letter addressed to every American citizen, every member of the U.S. Congress, George W. Bush, President of the United States; Richard Cheney, Vice President; Donald Rumsfeld; Secretary of Defense; John Ashcroft, Attorney General; and all other civil officers of the President's cabinet. March 20, 2003 All citizens of the United States, All elected and sitting members of Congress, George W. Bush, President of the United States, Richard Cheney, Vice President of the United States, All civil officers appointed by President Bush to his cabinet, Dear fellow American citizens, Congresspersons, President, Vice President, and civil officers of the Bush Administration's cabinet, On this evening of March 20, 2003, I reaffirm that I am a citizen of a democratic republic, the United States of America, a nation whose power and greatness rests on the foundation of its respect for the rule of law, Constitutional, federal and international. As a citizen of the United States, I declare, assert and affirm every one of my rights under the U.S. Constitution. I invoke my First Amendment right of free speech to speak freely and respectfully against my government and to petition it to seek redress for grievances. There has been no Constitutional Amendment ratified that has neither altered nor infringed these rights, thus ANY legislation or government regulation that may infringe my free exercise of non-violent, dissenting speech is illegal, unconstitutional and I may not be prosecuted under any such laws. (1) Attorney General John Ashcroft has unapologetically attacked the rights of citizens to exercise their First Amendment rights with his careless statements, such as "To those ... who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve. They give ammunition to America's enemies and pause to America's friends." With this statement, equating dissenting, free speech with the Constitutional definition of treason, Attorney General John Ashcroft has quite plainly neither supported nor defended the Constitution of the United States, in contradiction to his oath of office. (2) In the face of the detention of approximately 1,100 suspects, held without legal counsel, after September 11, I invite Attorney General John Ashcroft to explain how eliminating habeas corpus for these unnamed "suspects" makes this country safer while securing the rights of its citizens. Without providing transparency as to the status and names of these detainees, there can be no justice for them. Justice and legal due process require full transparency whenever possible, lest they degrade into an arbitrary tyranny of fear. With better transparency, the Attorney General would have given the citizens of this country less to fear, rather than more. Transparency of the government and due process of law are the only means of ensuring and protecting the rights of citizens. Habeas corpus is protected by our Constitution with Article I, Section 9. "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Since we were not in a state of invasion or rebellion, how does suspending habeas corpus apply? I'll acknowledge that balancing public safety and citizen's rights is a difficult challenge, but the Attorney General's actions seem to err on near contempt for the law, the rights of citizens and due process, rather than respect for them. There is also grave concern about a January 2003 draft document entitled "Domestic Security Enhancement Act of 2003", also dubbed "PATRIOT Act II" by public commentators. It was leaked to the general public via a PBS television program named "NOW with Bill Moyers". Included with the leaked report was an alleged routing slip that contained many government officials' initials including John Ashcroft's and House Speaker, Dennis Hastert, indicating that they had seen it. The document in question contains a list of new law enforcement policies and domestic surveillance laws to combat "domestic terrorism". In Section 501, a clause sets the punishment of deportation and the loss of U.S. citizenship for participating in, or "providing material support to ... a terrorist organization." This "support" can be as simple a crime as donating money to a charity that was determined by the U.S. government to have links to terrorism. The draft document provides no qualification that a charged citizen "knowingly" donate money to a charity linked to domestic or foreign terrorism. It is reasonable to believe that an average citizen might not possess the investigative power to know that a charity he or she donates to, MIGHT have a "link" to a terrorist organization. Likewise, since an average citizen can't know which charities are on a justice department list, they are liable for information that they don't have access to. If this draft document were to become law in its present form, it would result in the deportation of native-born and naturalized American citizens to arbitrary foreign countries for crimes they may not have knowingly commited. This technique was in used in past in this country. The Buford Deportation after the FBI Palmer raids in 1919 deported 249 suspected "agitators" to Russia, regardless of their country of origin. My concern over this draft document is that it portrays an abject disregard for due process and even the essential legal principle of presumed innocence. On the basis of his alleged knowledge of this leaked "PATRIOT Act II" document, I invite Attorney General John Ashcroft to explain how the policies and laws contained in the leaked document would support and defend the Constitution and secure the rights of every one of this country's citizens in the Justice Department's effort to combat "domestic terrorism". I do not support the government of Iraq in its desire to build and obtain weapons of mass destruction. Consistent with that position, I do not support the desire and goal of ANY other nation, including the United States, in their pursuit to build and obtain weapons of mass destruction whose purpose is to kill people indiscriminately, primarily innocent citizens, on a large scale. My country must honestly engage with other nations to seek a path toward global disarmament. Most notably, this nation can and should immediately sign and ratify the Chemical Weapons Convention (CWC). It is neither wise nor just to decry and invade other countries to remove weapons of mass destruction when we are developing and stockpiling them in this country. To achieve de-escalation of the world-wide cycle of violence, the United States should immediately cease the sale and transfer of arms and weapons of mass destruction to all other governments and non-state entities. Because the U.S. sells more military hardware than the next nine arms-exporting nations combined, a change in its arms sales policies can create a substantial positive effect toward the de-militarization of the world. The unprovoked attack and invasion of the sovereign nation of Iraq by the United States' and British forces is illegal and contravenes both U.S. and international law. The attack against Iraq on March 19, 2003, is a war that was not declared by the United States' Congress as explicitly required by Article 1, Section 8 of our United States' Constitution which states, "The Congress shall have power to declare War." While the Executive branch is charged with the responsibility and power to MAKE war, there is no Constitutional provision for a President to DECLARE war. As noted above, the U.S. Constitution specifies that declaring war is the sole responsibility of the U.S. Congress. The framers of our Constitution wisely anticipated that the power to DECLARE AND MAKE war should not rest in the hands of an Executive branch, lest the power to engage in the most terrible of human endeavors be abused to serve private and personal agendas of Presidents. This war against Iraq was illegally declared by President Bush, twice. It was first declared conditionally on March 17th, 2003 and again, unconditionally, on March 19th, 2003. On March 17, 2003, President George W. Bush issued a conditional declaration of war against Iraq. President Bush issued his condition of the leader of Iraq, Saddam Hussein, that he and his sons seek exile within 48 hours to avoid a violent attack against Iraq by U.S. and British armed forces. Later in that same address, President Bush said "It is not too late for the Iraqi military to act with honor and protect your country by permitting the peaceful entry of coalition forces to eliminate weapons of mass destruction." This ultimatum was illegal under international law and the U.N. Charter and had no U.N. backing. George W. Bush's address to the nation at 8pm ET on March 17, 2003 was an unconditional declaration of his intent to invade Iraq, irrespective of the actions of the government of Iraq. The President's ultimatum for invasion gave the Iraqi government absolutely no assurance that ANY of their possible actions would stop the illegal invasion of their country's sovereign borders by a foreign military force, lead by the United States and its Commander-in-Chief, President George W. Bush. I indict the 107th U.S. Congress for illegally abandoning their Constitutional responsibilities by proposing and passing the "Joint Resolution To Authorize The Use Of United States Armed Forces Against Iraq". This unconstitutional legislation allowed President Bush to DECLARE AT HIS OWN DISCRETION, that our country shall go to war with Iraq, with the only requirement that he submit a letter of his findings to Congress without subsequent debate. This legislation effectively eliminated the REQUIRED direct responsibility of Congress to declare war. (3) By accepting the power from Congress and exercising it to declare war at his pleasure, President George W. Bush has violated his oath of office to protect and defend the United States Constitution. (4) I indict the 108th U.S. Congress for failing to stop this illegal use of Executive power. In direct contradiction to his own statement and the unconditional promise he made in the preceding weeks, President Bush did not return to the United Nations to seek a U.N. Security Council vote on the use of force in relation to U.N. Security Council Resolution 1441. There is no automatic use-of-force clause contained within U.N. S.C.R 1441 authorizing ANY member state to attack Iraq with or without the consent of the Security Council. Further, the U.S. use of force in a pre-emptive attack violates Article 51 (5) of the United Nations Charter, and the binding U.N. treaty lawfully entered into by the U.S. government. (6) The same Article 51 of the U.N. Charter gives Saddam Hussein, the Iraqi military, and the people of Iraq the legal right to resist and fight the U.S.-lead invasion of Iraq. By not seeking a Security Council resolution to use force against Iraq, President Bush violated the U.S. Congress' Joint Resolution and U.N. S.C.R. 1441. (7) By launching an invasion and thus interfering with the U.N. weapons inspectors' work thus causing the inspectors to leave Iraq before the end of their present U.N. mandate under 1441, the United States government has not abided by U.N. Security Council Resolution 1441. (8) All treaties entered into by the United States carry the full weight of any other U.S. Federal law. (9) All branches of the U.S. government are legally obliged to honor every Article of every treaty it enters into, including Article 51 of the U.N. Charter. What constitutes a "war"? This war contravenes human morality and President George W. Bush's own proclaimed Christian principles. A high-level leader of President Bush's own Christian denomination has been outspoken against attacking Iraq on both a moral and a tactical basis. According to the Washington Post, referring to an U.S. invasion of Iraq, "Bishop Melvin G. Talbert, the chief ecumenical officer of the United Methodist Church, answers: 'No nation under God has that right. It violates international law, it violates God's law and the teachings of Jesus Christ. Iraq hasn't wronged us. War will only create more terrorists and a more dangerous world for our children.'" According to Bishop Talbert, he and other religious leaders have been declined an audience to meet with George W. Bush in recent months. John Paul II, Pope of the Catholic Church, has voiced his direct opposition against U.S. actions and described the Iraqi bombardment as "a tragedy and catastrophe." I believe that it is our moral responsibility to mourn the loss of life on both sides of this conflict which our government has chosen to initiate, and not to favor dead American or British soldiers over dead Iraqis. We should not ignore nor lessen the full humanity of every dead Iraqi citizen and soldier alike, including Iraqi government officials, Saddam Hussein and his sons, if they are killed. To kill another person, even in self-defense, without acknowledging the humanity of the other is to absolutely violate the Mosaic commandment, "Thou shall not kill." The inherent nature of military action requires a diminished respect for the enemy's humanity by military personnel. That requirement of the military does not extend to infringe on my right as a civilian to mourn every dead person. Further, it is our citizens' responsibility to demand that our own government fairly and accurately report all loss of life and the cause of that loss on both sides, to the best of its ability to do so. There is no moral justification for a government to falsify the death toll of "enemy" soldiers and citizens in order to placate its own people's concern for avoiding a large loss of innocent life. On my support of U.S. troops now in Iraq: My support of American troops DOES NOT INCLUDE my support of their Commander-in-Chief's orders that result in the killing of Iraqi citizens. My desire for the safety of my fellow citizens in the U.S. armed forces in Iraq DOES NOT EQUATE to my support of the illegal use of U.S. armed forces against another country that has not threatened my own. U.S. servicemen and servicewomen are human beings and fellow citizens who have been put in harm's way by the Bush administration without any legal basis. I support our troops by respectfully requesting that President Bush remove those troops from harm's way immediately in a safe, orderly fashion. It is immoral for President Bush to place our troops in harm's way without observing the rule of law. It is not immoral to request their safe return to the U.S. And when U.S. troops return from Iraq on some future day I pledge NOT to hold their following of their orders against them. I acknowledge that the primary requirement of military service is a strict chain of command. I will NOT EQUATE the returning soldiers who have been the fist with the President, war planners, and the generals who were the brain behind that fist. War veterans are not guilty of the results of their direct orders, the Commander-in-Chief and generals are. I will actively support war veterans without inflicting my own opinions of the war on them. The invasion of Iraq was undertaken in part to secure "a significant portion of the world's supply of oil". According to the Project for a New American Century (PNAC) website at http://www.newamericancentury.org, Donald Rumsfeld, Paul Wolfowitz, Richard Perle and others wrote an open letter to President Clinton, dated January 1998, urging him to launch an attack against Iraq at that time. Their stated goal, among other regional security objectives, was to secure "a significant portion of the world's supply of oil" (10). This letter was signed by men who now hold high-level positions inside the Bush Administration. For the full list of signatories and the complete text of the letter, please see: http://www.newamericancentury.org/iraqclintonletter.htm That letter was signed by the same Donald Rumsfeld who stated at a recent press conference, in reference to the proposed invasion of Iraq and the question of oil, "It has nothing to do with oil. Literally nothing to do with it." In his ultimatum on March 17, President Bush emphatically urged Iraqis not to destroy oil wells. What does Donald Rumsfeld mean that it has nothing to do with oil? This war on Iraq is an atrocious tactical move in the effort to protect U.S. citizens at home and abroad against terrorist attacks. We have learned nothing from September 11, 2001. I honestly believe that we have sown the seeds of our own destruction with this attack on Iraq by feeding and escalating the terrorist threat against our own great country. One of the Bush administration's stated aims of this war is to reduce the threat of terrorists using weapons of mass destruction against the U.S., and thus to improve the security of our country and its citizens. To achieve this aim, our government selected an illegal and most violent choice of the many arrayed before it in the past few months. These choices including a proposed substantial, yet peaceful, escalation of the U.N. arms inspections. Contrary to the Administration's stated AIM, the most likely longer term RESULT of this Iraq War will be to serve as a motivation and justification by terrorists and it will likely enhance their recruitment efforts. The war with Iraq will serve to stir and foment a great hatred of our country by people of many religions and nationalities, not limited to Muslim peoples or Arab nations. It has already and will further weaken our relationships with our allies. It is not unreasonable to expect that this attack on Iraq may trigger an asymmetrical terrorist war against us for which there will be little or no protection. The result of escalated terrorism against the U.S. may bring martial law into effect in this country, destroying all the civil liberties and protections that our Constitution provides. At the very least, I believe that continued terrorist attacks against this country will cause racist attacks against people from Middle Eastern backgrounds, by misguided citizens and government agencies and officials. A Time Special Report article published on the time.com website on March 23, 2003 by Michael Elliott and James Carney quotes George W. Bush's explicit language about his Iraq policy from March 2002. The first paragraph of that story appears below. "'F___ Saddam. We're taking him out.' Those were the words of President George W. Bush, who had poked his head into the office of National Security Adviser Condoleezza Rice. It was March 2002, and Rice was meeting with three U.S. Senators, discussing how to deal with Iraq through the United Nations, or perhaps in a coalition with America's Middle East allies. Bush wasn't interested. He waved his hand dismissively, recalls a participant, and neatly summed up his Iraq policy in that short phrase. The Senators laughed uncomfortably; Rice flashed a knowing smile. The President left the room." (11) I believe that it is apparent from Bush's own language in his speech to our nation on March 17, 2003 and his Administration's collective actions in the prior year, that Bush desired an U.S. invasion of Iraq, even when addressing the General Assembly of the United Nations in September 2002 urging only renewed U.N. support for Iraqi disarmament, not regime change. Based on the substantial placement and influence of PNAC members in the Bush Administration, the failure of the Bush administration to abide by the language and intent of U.N. S.C.R. 1441 is hardly surprising. Given President Bush's own unmistakeable, coarse imperative cited in the Time magazine article mentioned above, I believe that the Bush administration's charges of Iraq's possession of weapons of mass destruction served as a pretext to allow the Bush administration to seek the U.S. invasion to oust Hussein and thus to serve its own agenda. Further, George W. Bush stated his "impatience" regarding weapons inspections on many occasions in contradiction to the U.N. reports and other public statements praising Iraqi cooperation from Hans Blix, U.N. Chief Weapons Inspector. This flimsy and unsubstantiated reasoning suggests that the Bush Administration did not want to see the success of the weapons inspections or accept that the possibility that a U.N.-lead invasion to achieve "regime change" in Iraq might not be desired or approved by the U.N. Security Council. At a press conference in October 2002, White House spokesperson, Ari Fleischer, stated that the Bush Administration seeks "regime change". At that same press conference, Ari went on to advocate the use of a "bullet" to effect Iraqi regime change. (12) The policies espoused in "The National Security Strategy of the United States of America," September 2002, clearly indicate the Bush Administration's desire for the establishment of an unparalleled American global military presence and capability. President Bush declares a new global Manifest Destiny for the U.S., saying that "the United States will use this moment of opportunity to extend the benefits of freedom across the globe." (13)
In both the domestic and international realms, the Bush Administration has consistently chosen a path of instilling fear with its might rather than seeking justice under the law. Impeachment of the President, Vice President and other civil officers will be only a first step in regaining international respect. In keeping with international law, the U.N. Charter, and the morality espoused by every major world religion, I do not advocate the use of violent conflict in any context other than as a last resort in self-defense. I hold that the federal government of the United States' unprovoked, "preemptive" attack and invasion of Iraq is wrong, legally, morally and tactically. My Pledge: I will non-violently and legally oppose and resist the Bush Administration's illegal, immoral, and tactically unwise war against Iraq. Further, under Article II, Section 4 of the Constitution, I will seek and support every non-violent, legal means to remove President George W. Bush, Vice President Richard Cheney and Secretary of Defense, Donald Rumsfeld, and John Ashcroft, Attorney General from their respective offices by impeachment. (14) I believe that I am one of many, many other U.S. citizens who will join together non-violently in defense of our Constitution. There are already several movements to impeach President Bush and others in his administration. (15) The Constitution belongs to us all and the rights it guarantees are this nation's precious gift to every citizen, native-born and naturalized alike. It is our responsibility to defend and protect those rights. In keeping with my upbringing in the Quaker tradition and its primary tenet of non-violence, I vow NOT to take up arms against my government, nor any officer thereof. The rule of law cannot be won with the rule of might. We have not come this far to shatter this nation with armed rebellion. We will have our Constitution and every Article of it reasserted under a rule of law. We seek to roll back all usurped Presidential war powers to their Constitutional form. All future Presidents and the Executive branch will not have the power to declare a war at its own pleasure again. We do not seek to change this nation, nor the Constitution, but to return this great nation to the form that it was constituted as, a democratic republic, with a government that is responsible to the People it represents. It may prove a great challenge for American citizens to alter the present course of our nation and reassert our rights, responsibilities, and respect under our Constitution, our treaties, and international law. We will not fail. Respectfully and Sincerely, Jonathan Woolson, Citizen of the United States, Second Congressional District of Colorado Louisville, CO 80027 Permission is given to reproduce this whole letter in its entirety. Edited versions may be published only with the permission of the author, who may be reached this . Footnotes: (1) U.S. Constitution, Amendment I. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." (2) Attorney General's oath of office: " I, A_B_, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." (3) The "Joint Resolution To Authorize The Use Of United States Armed Forces Against Iraq" was passed on October 11, 2002. The House vote was 296-133. The Senate vote was 77-23. (4) Oath to be taken by the president on first entering office is specified in Article II, Section 1, of the Constitution: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States." (5) United Nations Charter, Article 51: "Nothing in the present Charter shall impair the inherent right of individual or collective self defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security." (6) U.S. Constitution, Article II, Section 2: "The President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties" (7) The "Joint Resolution To Authorize The Use Of United States Armed Forces Against Iraq" states that "President Bush committed the United States to 'work with the United Nations Security Council to meet our common challenge' posed by Iraq and to "work for the necessary resolutions," while also making clear that 'the Security Council resolutions will be enforced, and the just demands of peace and security will be met, or action will be unavoidable'" (8) UN Security Council Resolution 1441 adopted 8 November 2002: "10. Requests all Member States to give full support to UNMOVIC and the IAEA in the discharge of their mandates." (9) U.S. Constitution, Article VI: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land" (10) Open letter from the PNAC to President William J. Clinton, dated January 1998: "We urge you to ... to enunciate a new strategy that would secure the interests of the U.S. and our friends and allies around the world. That strategy should aim, above all, at the removal of Saddam Hussein's regime from power ... If Saddam does acquire the capability to deliver weapons of mass destruction ... a significant portion of the world's supply of oil will all be put at hazard." This is a portion of a letter whose full text may be found at: http://www.newamericancentury.org/iraqclintonletter.htm (11) The Time article, entitled, "First Stop, Iraq" by Michael Elliott and James Carney can be found at: http://www.time.com/time/covers/1101030331/wroad.html (12) "The National Security Strategy of the United States of America" issued September 2002 by the Office of the President. It can be found online at: http://www.whitehouse.gov/nsc/nss.html (13) White House press conference, October 1, 2002: http://www.whitehouse.gov/news/releases/2002/10/20021001-4.html (14) U.S. Constitution, Article II, Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. (15) A sample website of Articles to Impeach President Bush and members of his administration can be found at: http://votetoimpeach.org/articles_rc.htm
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