Testimony of Ross C. "Rocky" Anderson

SIGN HIS PETITION: www.restoreruleoflaw.com

Regarding Illegal Conduct and Other Egregious Abuses by the President of the United States
and Other Members of His Administration and Possible Steps Toward Accountability, Future Deterrence, and Reform

I am honored to address you today and am pleased that you are considering your solemn responsibility to ascertain and disclose to the American people the nature and scope of illegal conduct and other egregious abuses of power by the administration. Ascertaining and disclosing the truth about these matters is vital in order to restore our constitutional democracy, the rule of law, and the crucial role Congress plays in a system of checks and balances that has been utterly emasculated by members of the administration.

Astoundingly, even after learning over 2 1/2 years ago that the American people were misled about the government purportedly obtaining a warrant for all electronic surveillance,ii we still have no idea about the nature and scope of the felonious warrantless wiretapping program.iii How many citizens’ communications were illegally intercepted by our government? At this point, we don’t know if it has been dozens, hundreds, thousands, or millions of Americans who were victims of the illegal spying initiative. Whose communications were intercepted, and for what purpose? Are those communications still maintained? If so, why and by whom? How were those communications used? Were my communications intercepted? Were yours? We, the American people, are entitled to know. The only way we will learn the truth, and the only way we will know what needs to be done to prevent such outrages in the future, is through Congress aggressively ferreting out and disclosing the truth.

We have learned that US government agents have tortured detainees in blatant violation of fundamental treaty obligationsiv and statutory laws passed by Congress.v We have also learned that US agents have kidnapped, disappeared, and tortured (or caused others to torture) people around the world, including some who had no connection whatsoever to terrorism.vi However, the American people have not learned how this unprecedented, blatantly illegalvii program operated, by whom, whether it is continuing, or even how many people have been subjected to these monstrous human rights abuses. In our democracy, we are entitled to answers to these questions.

Because the courts have blindly accepted the perpetrators’ invocation of the frighteningly over-broad “State Secrets” doctrine and summarily dismissed cases challenging these illegal, human-rights abusing practices, the American people will learn the truth only if Congress assumes its vital responsibilities of investigating, ascertaining, and disclosing the truth.

The administration has, with impunity and arrogant disregard of our long-treasured system of separation of powers among three branches of government, engaged in heinous human rights violations, the most serious breaches of trust, abuses of power injurious to the nation, war crimes, crimes against peace,viii misleading Congress and the American people about threats to our nation’s security and the supposed case for war,ix and grave violations of treaties, the Constitution, and domestic statutory law.

What are the potential remedies? First, there has never been a more compelling case for impeachment.x Nothing would speak so loudly regarding the principled, non-partisan commitment of our nation to the rule of law, to our jealous embrace of our constitutional democracy, and to fundamental morality.

There is much more that Congress can do to restore the rule of law at a time when administration officials assert unbridled, dictatorial power, even to the point of issuing signing statements, declaring that only the president has the last word as to the scope and applicability of the statutes.xi

I urge the consideration by Congress of federal legislation that would (1) instruct the courts that they are not to consider signing statements when determining legislative history; (2) prohibit the President from issuing any statement that purports to limit any part of the legislation as being advisory or that purports to assert any authority by the President to determine the scope or applicability of the legislation; and (3) provide that no one can rely upon signing statements as a defense for a violation of the law. I also urge Congress to seek a declaratory judgment as to the legal effect of many of the signing statements.

Some members of the administration appear to have been making a case for an attack against Iran. Threats by members of Congress to impeach in the event of a unilateral decision to attack or letters expressing concern are insufficient, particularly when dealing with administration officials who have claimed power to do as they please, regardless of the Constitution, federal statutes, or rulings of the courts. I urge Congress to reassert its vital constitutional role and forbid, by a criminal statute with severe penalties, any attack against Iran, except as permitted under the United Nations Charter and the Constitution, absent explicit authorization by Congress.

Special prosecutors should be authorized, designated and assigned to investigate and prosecute violations of the law by members of the administration, particularly for involvement in felonious warrantless wiretapping, torture, and kidnappings of people in the so-called “extraordinary rendition” program.

Legislation limiting the application of the State Secrets doctrine should be urgently considered in order that the courts will once again provide a meaningful check on abuses of power and violations of the law by members of the Executive Branch.

Legislation should be passed immediately providing for severe punishment for any government agent who engages in or authorizes torture, or cruel, inhuman, or degrading treatment of any person being detained, without exception.

Congress should make clear what process must be followed before any US treaty obligations are violated or terminated by any member of the Executive Branch. Congress should also reaffirm its commitment to treaty obligations forbidding aggressive war and torture.

When Congress issues subpoenas, it should assert its power to enforce the subpoenas aggressively and without delay. If the Attorney General of the U.S. will not cooperate with Congress in enforcing subpoenas, Congress should terminate funding for the Office of the Attorney General until such cooperation is forthcoming.xii

Vital to our constitutional democracy, and to our political and moral standing throughout the world, is a comprehensive consideration by Congress of what is to be done for the sake of democratic accountability, and to ensure that the horrendous damage to our nation and to much of the rest of the world as a result of the illegal and abusive misconduct of administration officials is never again repeated.

In order to comprehensively determine the nature and extent of abuses by the administration and those who have worked in concert with it, and to prevent such misconduct in the future, a select committee, similar to the Church and Ervin Committees, should be appointed and charged with investigating the abuses and making recommendations concerning reforms that will aid in restoring the rule of law in our great nation, reasserting the crucial role of Congress, and making it clear to American citizens and people throughout the world that the rights and dignity of people will be honored and protected.

Pursuing these measures would be an important beginning to the restoration of the balance of power and system of checks and balances in our federal government, the restoration of the reputation of the United States among other nations, and to the restoration of our constitutional democracy, with the honor and respect it deserves.