| Dear
President Obama and Members of Congress:
I
am among millions of Americans concerned about the undermining of the
rule of law, violations of our Constitution, domestic laws, and treaty
obligations, and the damage inflicted these past several years on our
nation’s system of checks and balances.
Please
make it a priority, within the first six months of the Obama Administration,
to:
1. Limit
the application of the “state secrets” doctrine
in order that the courts will once again provide a meaningful
check on abuses of power and violations of law by members
of the Executive Branch.
2. Make
clear what process must be followed before any US treaty
obligations are violated or terminated by any member of the
Executive branch or by Congress. Congress should also reaffirm
its commitment to treaty obligations forbidding aggressive
war and torture and repeal the Military Commissions Act.
3. Limit
the effect of “signing statements” by enacting
legislation that (1) instructs the courts they are not to
consider signing statements when determining legislative
history; (2) prohibits 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) provides that no one can rely upon signing
statements as a defense for a violation of the law.
4. Authorize,
designate, and assign special prosecutors to investigate
and prosecute violations of the law for involvement in felonious
warrantless wiretapping, torture, and kidnappings of people
in the so-called “extraordinary rendition ” program.
5. Reassert
Congress’s vital constitutional role and forbid, by
a criminal statute with severe penalties, any attack against
another nation, except in cases of actual or imminent attack
of the US by that nation or as permitted under the United
Nations Charter and the Constitution, absent explicit authorization
by Congress.
6. Appoint
a select committee, similar to the Church and Ervin Committees,
or a non-partisan Truth Commission, charged with investigating
illegal conduct or other abuses of power by the Bush Administration,
disclosing such misconduct to the American people, and making
recommendations concerning reforms that will prevent or deter
similar misconduct in the future.
7. Repeal
the Military Commissions Act.
Taking
these steps will be a vital contribution to the restoration of the rule
of law, our constitutional democracy, and the system of checks and balances
essential to protect against abuses of Executive power.
Sincerely,
[The names of over 7,100 signatories were included in the letter sent to every member of Congress and President Obama.]
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