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12/5/11 Robert VIII Letter to SG Verrelli White Paper

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12/5/11 Robert VIII Letter to SG Verrelli White Paper Charles Robert 441 B. West Broadway Long Beach, New York 11561 516-889-2251 Overnight-December 5, 2011 Solicitor General Donald Verrelli Office of the Solicitor General Room 5614 950 Pennsylvania Ave., N.W. Washington, D. C. 20530-0001 Re: Robert VIII v DOJ, HHS, and SSA petition for a writ of certiorari Dear Solicitor General Verrelli: Under separate cover you were served with the November 30, 2011 petition for a writ of certiorari. The purpose of this letter is to prevent SG Verrelli from committing déjà vu Supreme Court “fraud upon the court” in Robert VIII v DOJ, HHS, and SSA as occurred in Robert VII v DOJ, 2005 U.S. Dist. LEXIS 39616, 193 Fed. Appx. 8 (2d Cir. 2006), cert. den. 127 S.Ct. 1133 (2007). Your Brief in opposition will be posted along with the Robert VIII v DOJ, HHS, and SSA and Robert v DOJ petition. See http://www.snowflake5391.net/petitionrobertvdoj.pdf. Petitioner renews his ongoing quiet settlement offer. If AG Holder agrees to a quiet settlement in December, 2011, then SG Verrelli will not have to decide 1) not to file a Brief in opposition to the petition for a writ of certiorari and commit a déjà vu “fraud upon the court” as occurred in Robert VII, or 2) file an in camera a Brief in opposition and inform the Supreme Court of the Top Secret FISA “secret law” that is explained in the March 18, 2011 reclassified May 6, 2004 OLC FISA Memo from AAG of the OLC Goldsmith to AG Ashcroft: This becomes a Marbury v. Madison issue if AG Holder refuses to reveal the pre-9/11 FISA “secret law” explained in the May 6, 2004 OLC Memo, or if the “secret law” of the OLC Memo reveals AG Meese’s opinion that this Court had “incorrectly” decided Mitchell v. Forsyth because the AG needs absolute immunity to wiretap U.S. citizens to protect the nation from terrorists. Robert VIII petition at p. 38. SG Verrelli is hereby served with the July 27, 2010 Robert VIII White Paper in support of the petitioner’s ongoing quiet settlement offer. This provides background facts that will assist SG Verrelli in determining whether he will inform the Supreme Court of the Top Secret FISA “secret law” that has been implemented from 1984-2011 without the knowledge of the Article I “Gang of Eight,” the Article II Presidents, and Article III FISC, but with the knowledge of the faux “Commanders in Chief” who were not Presidents Reagan, Bush, Clinton, Bush, and Obama. As listed below, there are 32 2011 USG attorneys who know a Mitchell v Forsyth “nonacquiescence” policy has been implemented from 1985-2011. They also know that President Obama has a § 413 (b) of the National Security Act duty to file a “corrective action” plan to cure the 1984-2011 illegal intelligence activities that include the 1984-2011 NSA TSP data mining. 1 SG Verrelli, AG Holder’s 2009 Associate DAG and President Obama’s 2010 Deputy WH Counsel, has an affirmative duty to read the March 18, 2011 reclassified May 6, 2004 OLC FISA “secret law” Memo to determine whether the redacted pages explain the legal basis for the Mitchell v Forsyth “nonacquiescence” policy and pre-9/11 NSA TSP implemented in violation of the “exclusivity provision” of the FISA. SG Verrelli also has an affirmative duty to read the Robert VIII “Robert v Holz” documents withheld pursuant to the FOIA Exemption 5 along with the connect- the-dots Robert VII “FISC Robert” documents withheld pursuant to OIPR Counsel Baker’s March 1, 2004 ratification of the CIA’s use of FOIA Exemption 1 and the “Glomar Response” defense, and decide whether a Robert VII “fraud upon the court” had occurred that AG Holder now has a December, 2011 duty to cure. See 7-27-10 DOJ WP §§ E-G. Given the gravity of the allegations, SG Verrelli has a duty to read the “Robert v Holz” and “Ruppert” documents being withheld pursuant to FOIA Exemption 5, and not rely upon any representations made by other USG attorneys as to the facts contained in the documents in the custody of DOJ. “The Justice Department on Friday turned over to Congress nearly 1,400 pages of “highly deliberative internal communications” about the drafting of a February letter in an effort to show that agency officials did not knowingly misled lawmakers in connection with a disputed gun trafficking investigation called Operation Fast and Furious. Savage, “Justice Department Counters Claim That It Misled Congress in Gun Inquiry,” NY Times, 12-3-11. Given the gravity of the petitioners allegations of “Past is Prologue” violations of federal laws, SG Verrelli has a duty to read Independent Counsel Lawrence Walsh’s March 21, 1991 "Memoranda on Criminal Liability of Former President Reagan and of President Bush" which had been secured by a National Security Archive FOIA request. This document was posted on the internet on November 25, 2011, the 25 year anniversary of AG Meese’s November 25, 1986 Press Conference informing the public of the involvement of National Security Adviser Rear Admiral John Poindexter and Lt. Gen. North in the Iran-Contras affair. Kornbluh and Byne, “Iran Contra at 25: Reagan and Bush ‘Criminal Liability” Evaluations,” National Security Archives, 11-25-11 http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB365/index.htm. There was no criminal liability for President Reagan and VP Bush because they had relied upon the “Unitary Executive” legal opinions of AG Meese. “The reason, said Mr. Mixter, was that Mr. Meese had told Mr. Reagan that the National Security Act could be invoked to supersede the export control act.” 1991 Report Said Reagan Not Liable in Arms Deal, NY Times 11-26-11. SG Verrelli knows that the successful “plausible deniability” defense of President Reagan and VP Bush was based on the fact that they were not attorneys and relied upon the accuracy of the legal opinions of AG Meese. SG Verrelli knows that President Obama, a Constitutional Law Professor, does not have a “plausible deniability” defense to his knowledge of serial impeachable violations of § 413 (a) of the National Security Act, 50 U.S.C. § 413, the "exclusivity provision" of the Foreign Intelligence Act (FISA) of 1978, 18 U.S.C. § 2511(2)(f), the domestic limitations on military law enforcement of the Posse Comitatus Act of 1878 (PCA), 18 U.S.C. § 1385, and the Social Security Act, 42 U.S.C. §1381. Hence, the importance of SG Verrelli consulting with AG Eric Holder and WH Counsel Kathyrn Ruemmler to determine whether they have advised President Obama of the the 2011 serial violations of these federal laws. If so, then President Obama has an Article II “take care” duty to determine whether these serial impeachable allegations are true so that he can file a § 413 (b) of the National Security Act “corrective action” plan to cure 1984-2011 illegal intelligence activities. 2 SG Verrelli is placed on Notice that the following 32 attorneys know of allegations of the serial federal law violations and the duty of President Obama to file a § 413 “corrective action” plan to cure the 1984-2011 faux “Commanders in Chief” illegal intelligence activities: 1. As to the Robert VIII “Robert v Holz” documents, Associate DAG James Baker knows that the “Robert v Holz” documents are connect-the-dots documents with the Robert VII v DOJ “FISC Robert” and reveal that Robert was the target of an illegal CIA-DIA NSA TSP that was conducted in violation of the “exclusivity provision” of the FISA. As a result, he knows that DOJ attorneys intentionally withheld material facts from Judge Garaufis, the Second Circuit, and the Supreme Court in Robert VII v DOJ. He knows whether President Obama knows the content of the March 18, 2011 reclassified May 6, 2004 OLC FISA Memo. 7-27-10 DOJ WP §§ K, N, DD. 2. As to the Robert VIII “Ruppert” documents, Associate DAG Thomas Perrelli, the 1997-99 Counsel to AG Reno and 1999-2001 DAAG supervising the Federal Programs Branch of the Civil Division, knows that those documents contain “smoking gun” evidence that SSA Commissioner Astrue’s January 24, 2007 Senate Finance Committee testimony that the “nonacquiescence” policy had ended prior to his becoming HHS General Counsel in 1989, remains as uncured false testimony. He also knows why in October, 2000 DAG Holder decided not to perfect EDNY U.S. Attorney Lynch’s Ford Notice of Appeal. 7-27-10 DOJ WP §§ C, S, T. 3. As to the Robert VIII “Barrett nonacquiescence policy” document, AAG of the OLC Virginia Seitz, a 1995-2000 Congressional Office of Compliance Board of Director Member and Acting Deputy Solicitor General Roy McLeese’s wife, knows whether a de jure or de facto classified Barrett “nonacquiescence policy” document exists pursuant to President Bush’s November 2, 2002 28 U.S.C. § 530D Signing Statement re Report on Enforcement of Laws: Policies Regarding the Constitutionality of Provisions and Non-acquiescence. She also knows whether President Obama knows that the 1986-2011 AGs have continued to implement the 1986 “Barrett nonacquiescence policy” based on the “Unitary Executive” theory of AG Meese. See 7- 27-10 DOJ WP §§ D, J-O, and the enclosed 10-25-11 OLC Seitz WP §§ S-CC. 4. As to the Robert VIII “Christensen nonacquiescence policy” document, AAG of the OLP Christopher Schroeder, the 1992-1993 Chief Counsel to the Judiciary Committee, 1993-1994 Counselor to the AAG of the OLC, 1995-1997 Deputy Associate AG , and 1998-1999 Chairman Biden’s Impeachment Trial Counsel, knows who made the decision not to apply the Christensen administrative law holding in Ford v Shalala.
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