The Indictment: United States v. George W. Bush et al.

[Note: this is not an actual indictment.]

Assistant United States Attorney: Good morning, Ladies and Gentlemen. We're here today in the case of United States v. George W. Bush et al. In addition to President Bush, the defendants are Vice President Richard B. Cheney, former National Security Adviser Condoleezza Rice - who's now the Secretary of State, of course - Secretary of Defense Donald Rumsfeld, and former Secretary of State Colin Powell.

It's a one-count proposed indictment: Conspiracy to Defraud the United States in violation of Title 18, United States Code, Section 371. I'll explain the law that applies to the case this afternoon, but I'm going to hand out the indictment now, so you'll have some context for that explanation. Take as long as you need to read it, and then feel free to take your lunch break, but please leave your copy of the indictment with the foreperson. We'll meet back at one o'clock.

United States District Court
UNITED STATES OF AMERICA,Plaintiff,

v.GEORGE W. BUSH,

RICHARD B. CHENEY,

CONDOLEEZZA RICE,

DONALD M. RUMSFELD, and

COLIN POWELL,

Defendants
Criminal No.

Conspiracy to Defraud the United States

18 U.S.C. Section 371
Indictment

The Grand Jury Charges:

Introductory Allegations

At times relevant to this Indictment:

1. The primary law of the United States Federal Government was set forth in the U.S. Constitution ("Constitution"), which provides that the first branch of government is the Legislative Branch ("Congress"). Pursuant to Article I, Section 8, Congress has certain powers and obligations regarding oversight of foreign affairs, including the powers to: (1) declare war; (2) raise and support the armed forces; and (3) tax and spend for the common good.

2. Article II of the Constitution establishes the Executive Branch. The Executive Power of the United States is vested in the President, who is also the Commander in Chief of the Armed Services.

3. Defendant GEORGE W. BUSH ("BUSH") has been employed as President of the United States since January 20, 2001. On that day, BUSH took a constitutionally mandated oath to faithfully execute the Office of President and to preserve, protect, and defend the Constitution. BUSH is also constitutionally obligated to take care that the laws be faithfully executed.

4. As Chief Executive, BUSH exercised authority, direction, and control over the entire Executive Branch, which includes the White House, the Office of the Vice President, the Departments of State, Defense, and others, and the National Security Council.

5. Defendant RICHARD B. CHENEY ("CHENEY") has been employed as Vice President of the United States since January 20, 2001.

6. Defendant CONDOLEEZZA RICE ("RICE") was employed as the National Security Adviser from January 2001 to January 2005, when she became Secretary of State, a position she holds as of the date of this indictment. As National Security Adviser, RICE exercised direction, control, and authority over the National Security Council, which coordinates various national security and foreign policy agencies, including the Departments of Defense and State.

7. Defendant DONALD M. RUMSFELD ("RUMSFELD") has been employed as Secretary of Defense since January 2001.

8. Defendant COLIN M. POWELL ("POWELL") was employed as Secretary of State from January 2001 through January of 2005.

9. Before assuming their offices, CHENEY, RICE, RUMSFELD and POWELL took an oath to preserve, protect, and defend the Constitution.

10. As employees of the Executive Branch, BUSH, CHENEY, RICE, RUMSFELD, and POWELL were governed by Executive Orders 12674 and 12731. These Orders provide that Executive Branch employees hold their positions as a public trust and that the American people have a right to expect that they will fulfill that trust in accordance with certain ethical standards and principles. These include abiding by the Constitution and laws of the United States, as well as not using their offices to further private goals and interests.

11. Pursuant to the Constitution, their oaths of office, their status as Executive Branch employees, and their presence in the United States, BUSH, CHENEY, RICE, RUMSFELD, and POWELL, and their subordinates and employees, are required to obey Title 18, United States Code, Section 371, which prohibits conspiracies to defraud the United States.

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