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Bush Article of Impeachment XXV

Submitted by davidswanson on Sat, 2008-06-14 01:55.

Article XXV
DIRECTING TELECOMMUNICATIONS COMPANIES TO CREATE AN ILLEGAL AND UNCONSTITUTIONAL DATABASE OF THE PRIVATE TELEPHONE NUMBERS AND EMAILS OF AMERICAN CITIZENS

In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 3 of the Constitution "to take care that the laws be faithfully executed", has both personally and acting through his agents and subordinates, violated the Stored Communications Act of 1986 and the Telecommunications Act of 1996 by creating of a very large database containing information related to the private telephone calls and emails of American citizens, to wit:

The President requested that telecommunication companies release customer phone records to the government illegally as evidenced by the following:

"The Stored Communications Act of 1986 (SCA) prohibits the knowing disclosure of customer telephone records to the government unless pursuant to subpoena, warrant or a National Security Letter (or other Administrative subpoena); with the customers lawful consent; or there is a business necessity; or an emergency involving the danger of death or serious physical injury. None of these exceptions apply to the circumstance described in the USA Today story." From page 169, "George W Bush versus the US Constitution". Compiled at the direction of Representative John Conyers.

According to a May 11, 2006 article in USA Today by Lesley Cauley "The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth". An unidentified source said 'The agency's goal is "to create a database of every call ever made" within the nation's borders'.

In early 2001, Qwest CEO Joseph Nacchio rejected a request from the NSA to turn over customers records of phone calls, emails and other Internet activity. Nacchio believed that complying with the request would violate the Telecommunications Act of 1996. From National Journal, November 2, 2007.

In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President George W. Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.


Documentation:

House Judiciary Committee Democratic Staff, George W. Bush vs. the U.S. Constitution, 2005.

Telecommunications Act of 1996.

Shane Harris, NSA Sought Data Before 9/11, National Journal, November 2, 2007.

Telecoms may face trouble over phone records, Seattle Times, May 13, 2006.

Marguerite Reardon, Verizon sued for alleged NSA cooperation, CNET News.com, May 15, 2006.

Liz Pulliam Weston, Who's Listening to Your Phone Calls, MSN Money.

U.S. Code, Title 18, Part 1, Chapter 121 - Stored Wire and Electronic Communications and Transactional Records Access. 2701 - Unlawful access to stored communications, U.S. Code Collection, Cornell University Law School.

Leslie Cauley, NSA has massive database of Americans' phone calls, USA Today, May 11, 2006.

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