Once again we entered the realm of the "stupid zone"! This is the place were arrogance and pride guarantee the fall. Simple is as simple does applies here in the context of a simple reading of the law.
This is where 'We The People' give Congress the knowledge of the law and how to deal with recalcitrant DOJ, FBI, and other agency actors, when They fail to produce public documents.
The simple fact is, all documents in the possession of DOJ, FBI and other agencies, are public property!
Moreover, all public property in the care of these characters is created under the orders of Congress; which is why Congress has the right to see them right now. Congress is also the one that makes the paychecks to these government actors good. In other words, Congress paid for honest services and has the authority to stop paying those that do not perform correctly.
The law we are talking about is Title 18 United States Code § 4. Misprision of Felony; "Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, §330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) Other laws apply but this is the attachment to any congressman to do the right thing. (emphasis added)
So let us break this code section down in a very simple common sense and direct manner and see who that code applies to, and what their actions should be. Note: "Do not be surprised at the conclusions you draw by the end of this monograph."
DUH! THIS IS THE WHOLE POINT OF GOVERNMENT, TO PROTECT THE PEOPLE WHO CREATED IT AND GAVE IT AUTHORITY TO WIELD LEGALIZED FORCE, FOR THE FIRST BENEFICIARIES OF ALL GOVERNMENT POWERS, THE PEOPLE. OUR ELECTION PROCESS HAS BEEN TAMPERED WITH WHICH IN ITS MOST BASIC FORM MEANS THESE CHARACTERS ATTEMPTED TO STEAL NOT ONLY OUR VOTES BUT OUR COUNTRY.
THERE IS NO QUESTION OF THE FACTS OR THE LAW IN THESE MATTERS AND ANYONE NOT UNDERSTANDING THESE POINTS IS EITHER STUPID BEYOND BELIEF, OR A COCONSPIRATOR.
Reference to the United States Attorneys Manual settles conclusively what the duties of Congress and Senate members are. Below taken from DOJ online publish of the United States Attorney Manual. 923. 18 U.S.C. § 371—Conspiracy to Defraud the United States.
The general conspiracy statute, 18 U.S.C. § 371, creates an offense "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. (emphasis added). See Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137, 379-406 (1995)(generally discussing § 371).
The operative language is the so-called "defraud clause", that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the "offense clause" in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.
Although this language is very broad, cases rely heavily on the definition of "defraud" provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined
"defraud" as follows:
To conspire to defraud the United States means primarily to cheat the Government
out of property or money, but it also means to interfere with or obstruct one of
its lawful governmental functions by deceit, craft or trickery, or at least by
means that are dishonest. It is not necessary that the Government shall be
subjected to property or pecuniary loss by the fraud, but only that its
legitimate official action and purpose shall be defeated by misrepresentation,
chicane or the overreaching of those charged with carrying out the governmental
intention.
Hammerschmidt, 265 U.S. at 188.
The general purpose of this part of the statute is to protect governmental
functions from frustration and distortion through deceptive practices. Section
371 reaches "any conspiracy for the purpose of impairing, obstructing or
defeating the lawful function of any department of Government."
Tanner v. United
States, 483 U.S. 107, 128 (1987); see
Dennis
v. United States, 384 U.S. 855 (1966). The "defraud part of section 371 criminalizes any willful impairment of
a legitimate function of government, whether or not the improper acts or
objective are criminal under another statute."
United States v. Tuohey, 867 F.2d
534, 537 (9th Cir. 1989).
The first provision one finds in Title 18 of the United States Code regards
accessories to crime. Title 18, United States Code § 2 now provides:
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a
principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a
principal.
Aider and abettor liability is distinct from accessory after the fact under
18 U.S.C. § 3.
United States v. James, 998 F.2d 74, 80 (2d Cir.), cert. denied, 510
U.S. 958, 114 S.Ct. 415, 126 L.Ed.2d 362 (1993). An aider and abettor, unlike an
accessory after the fact, is punishable as a principal. Id.
Title 18 United States Code
§3 "Whoever, knowing that an offense against the
United States has been committed, receives, relieves, comforts or assists the
offender in order to hinder or prevent his apprehension, trial or punishment, is
an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an accessory
after the fact shall be imprisoned not more than one-half the maximum term of
imprisonment or (notwithstanding section 3571) fined not more than one-half the
maximum fine prescribed for the punishment of the principal, or both; or if the
principal is punishable by life imprisonment or death, the accessory shall be
imprisoned not more than 15 years.
(June 25, 1948, ch. 645,
62 Stat. 684;
Pub. L. 99–646, §43, Nov. 10, 1986,
100
Stat. 3601;
Pub. L. 101–647, title XXXV, §3502, Nov. 29, 1990,
104 Stat. 4921;
Pub. L. 103–322, title XXXIII, §§330011(h), 330016(2)(A), Sept. 13, 1994,
108 Stat. 2145, 2148.)
Given the current status of the children’s public arguments and threats, and tantrums surrounding draining of the swamp, I believe a few on point questions expose some solutions to the blocking of the removing of the plug in the cesspool operating in the District of Criminals. Adults questioning their public servants might lead to some resolution and more to the point public indictments of well known wrongdoers.
Where are all the supposed honest employees at DOJ, FBI, State Department and other agencies and why haven’t they come out in public and simply told the truth? Under what law, theory of law, or provision of the civil service regulations do these supposedly honest public employees hide from not only Congress yet the American people, the facts?
Has the United States Department of Justice , it’s FBI, United States Department of State , and various other federal agencies abandoned their official positions in order to cover up their own crimes?
Is there evidence and proof enough, on/in the open notorious public record for Congress assembled to recognize that the United States DOJ and the FBI are corrupted beyond the point of redemption and will never perform according to law? If not why not?
Under what set of circumstances, legal, or political, is any member of Congress Assembled, authorized to fail or refuse to report crimes as required by 18 USC § 4?
Does Congress assembled have enough evidence of corruption and abandonment of duties to bypass the DOJ and go directly to the courts?
Is it time for the People to file individual criminal complaints to the United States District Court District of Columbia, the only article 3 court authorized by Congress, and prosecute the cases under the RICO act authorizing private attorney generals?
Under what set of circumstances is Congress authorized or allowed to continue to pay non-performing public officers operating under the mantle of the U.S. DOJ?
Now, what should the People do to supervise our agents?
It’s now time to open a dialogue among the People, those that created the governments, for determination of the standards that we will accept from our public service.
If not, we get what we deserve!