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Serving Justice By Improving the Law

Doris Brin Walker


699-A Rhode Island Street
San Francisco, CA 94107

Sent via e-mail to: rpkoch1@sbcglobal.net and debocracy@sbcglobal.net

Re: Resolution 06-02-2007

Dear Doris:

On behalf of the Board of Directors of the California Bar Associations, I


regret to inform you that Resolution 06-02-3007 (U.S. Constitutional Violations:
Proposal for Investigation of Bush Administration), submitted by you on behalf of
the National Lawyers Guild, San Francisco Chapter, has been found to be not
germane to the Mission and Goals of the CDCBA.

Article II, Paragraphs 7 and 8 of the Conference Rules of Operation and


Procedure provide:

7. Germaneness: The Conference shall consider only those matters that


are germane to CDCBA mission and goals (Article I of these Rules of
Operation and Procedure).

8. Matters Not To Be Considered: The CDCBA shall not consider any


matter or otherwise engage in any activity involving the selection,
nomination, election, appointment, or retention of any individual to any
federal, state or local office, or involving the censure of any federal, state
or local office holder. No matter may be considered that may adversely
affect the status of the organization as a tax exempt entity under
applicable federal and state tax law.The Board of Directors has
determined that the resolution does not fall within the Mission and Goals
provided by the CDCBA. For your reference, a copy of the Mission
Statement, Goals and Organizational Values is enclosed. You may also
want to review the Rules of Procedure of the CDCBA, which are found at
www.cdcba.org.

The Board of Directors has determined that, pursuant to these rules, this
resolution is not germane and may not be considered at the 2007 Conference.

CONFERENCE OF DELEGATES OF CALIFORNIA BAR ASSOCIATIONS


3450 SACRAMENTO STREET, #521 • SAN FRANCISCO, CALIFORNIA • 94118-1949
PHONE: 415-379-3743 • FAX: 415-751-7342
www.cdcba.org
e-mail: execdir@cdcba.org
Doris Brin Walker, Esq. July 19, 2006
Germaneness Review
Page 2

For your reference, a copy of the Mission Statement, Goals and Organizational
Values is enclosed.

The CDCBA rules provide that, no later than noon the day before the
Conference, a proponent may submit a written appeal of the determination of not
germane. The appeal should include a statement of reasons and the basis for
the appeal. The appeal should not exceed 500 words. You may also submit an
amended or substitute resolution to cure the germaneness issue.

If you wish to file an appeal, send it in writing, along with your written
statement, as soon as possible, but in no event later than noon September 27,
2007. Prior to September 27, 2007 please advise whether you seek a hearing
before the Board or its designated committee. Your appeal must be on behalf of
your association. If you seek a hearing, the hearing will be held at the pre-
Conference CDCBA Board of Directors meeting on Thursday, September 27,
2007. The meeting will be in the late afternoon at the Anaheim Marriott or the
Anaheim Convention Center, exact location to be determined. We will advise
you of the approximate time and exact location of your hearing.

Please submit your appeal via e-mail in Adobe PDF, Word or WordPerfect
formats.

If you have any questions do not hesitate to contact me.

Sincerely,

A
LAURA GOLDIN
Executive Director

/lg

Enclosure

cc: Richard Koch (rpkoch1@sbcglobal.net)


MISSION STATEMENT
(Adopted 5/26/04)

The mission of the CDCBA is to serve justice in California by bringing together attorney volunteers from
across the State representing diverse backgrounds, experience, and expertise to seek, debate, and promote
creative, non-partisan solutions to law-related issues.

TAG LINE
(Adopted 5/26/04)

Serving justice by improving the Law…

GOALS
(Adopted 1/22/05)

The CDCBA accomplishes its mission in California by:


¬ Improving laws and the administration of justice;
¬ Advancing the science of jurisprudence;
¬ Advancing the education of California lawyers and fostering their professional excellence; and
¬ Promoting public understanding of and respect for the law, the justice system, and the roles of the
legal profession and an independent judiciary in that system.

ORGANIZATIONAL VALUES
(Adopted 1/22/05)

¬ To promote and facilitate volunteerism among California lawyers;

¬ To foster open and vigorous debate of law-related issues in a courteous, respectful manner that avoids
personal and partisan attacks;

¬ To encourage originality, innovation, and accessibility in seeking solutions to law-related issues;

¬ To eliminate prejudice and discrimination and to promote diversity in all CDCBA activities, in the
legal profession, in the judiciary, and in the general public;

¬ To foster excellence in the legal profession;

¬ To promote and facilitate communication and cooperation within the legal profession and with bar
associations, the judiciary, the legislature, and the public; and

¬ To maintain high standards of administrative integrity and fiscal accountability.


THIS RESOLUTION HAS BEEN DETERMINED TO BE NOT GERMANE
TO THE MISSION AND GOALS OF THE
CONFERENCE OF DELEGATES OF CALIFORNIA BAR ASSOCIATIONS

RESOLUTION 06-02-2007

DIGEST
U.S. Constitutional Violations: Investigation of Bush Administration
Recommends that the California congressional delegation commence an investigation of
President Bush, Vice President Cheney and other administration personnel for possible
Constitutional violations.

RESOLUTIONS COMMITTEE RECOMMENDATION


APPROVE IN PRINCIPLE

History:
Similar to Resolutions 05-07-2006 and 11-01-2004, which were approved as amended.

Reasons:
This resolution recommends that the California congressional delegation commence an
investigation of President Bush, Vice President Cheney and other administration personnel for
possible Constitutional violations. This resolution should be approved in principle because there
is mounting evidence of constitutional irregularities in matters concerning the war in Iraq,
including assertions about the existence of weapons of mass destruction, which served as the
major impetus for the war.

There is growing evidence, brought out in the media and especially during the trial of Lewis
“Scooter” Libby, that members of the Bush administration, including President George W. Bush
and Vice President Dick Cheney, knowingly offered up false information as justification for
launching and sustaining the war against Iraq. This information, too lengthy to detail here, has
been made public through testimony of Administration appointees and employees, and has been
substantiated by investigations reported by hundreds of news outlets in print, television, cable
and the Internet.

Whatever its ultimate conclusion may be, a congressional investigation has merit. If any
constitutional malfeasance is discovered to, such injury shines a bright light on our sworn duty,
as officers of the court, to protect and uphold the Constitution of the United States. The
Conference of Delegates has twice passed resolutions calling for our congressional delegation to
launch investigations into possible constitutional violations by members of the Bush
administration. The growing body of information and testimonial incrimination, the number of
sources involved, the increasingly bipartisan concern for these issues, and the magnitude of such
violations calls on our profession to exercise our sworn duty. Accordingly, the Conference
should call for a congressional investigation.

06-02-1
TEXT OF RESOLUTION

RESOLVED, that the Conference of Delegates of California Bar Associations urges the
California Congressional Delegation to commence a Congressional investigation of President
George W. Bush, Vice-President Dick Cheney, and the Bush administration’s representations
used to justify war on Iraq and Afghanistan to Congress, the United Nations and to the people of
the U.S. and the world, and its continuing violations of Constitutional law, including its attempts
to disable habeas corpus, with a view to impeachment by the House of Representatives and trial
in the Senate.

PROPONENT: National Lawyers Guild, San Francisco Chapter

STATEMENT OF REASONS

Existing Law: Power to declare war belongs to Congress. Art. I, Sec. 8. The President of the
United States, the Vice-President, and all civil and executive officers, Senators, and Congress
members must swear or affirm that they will support the Constitution of the United States. Art.
II, Sec. I, Cl. 8; Article V.

All treaties made under the authority of the U.S. (shall be part of) “the Supreme Law of the
Land….” The U.N. Charter, the Geneva Conventions, and other treaties and charters are thus
part of the Supreme Law of the Land. Article VI, Cl. 3.

This Resolution: Upholds and defends the Constitution and laws of the U.S., promotes respect
for the rule of law, and contributes to the education of the legal profession, the science of
jurisprudence, and professional excellence.

The Problem: Congress and public are entitled to a thorough, independent investigation to
determine whether Bush, Cheney, and officers of the Bush administration have led the U.S. into
preemptive war against Afghanistan and Iraq in violation of the “Supreme Law of the Land,”
thereby violating their oath. The Bush administration, contrary to findings by U.S. and U.N.
investigators, has made and continues to make false statements to Congress, the U.N., and the
U.S. public accusing Afghanistan of responsibility for the 9/11 attack; accusing Iraq of
supporting Osama Bin Ladin in accomplishing the 9/11 attack; accusing Iraq of possessing
weapons of mass destruction that constitute imminent threat to the safety of the United States, its
peoples, and property, and its interests at home and elsewhere in the world, which alleged threat
they knew to be false or for which they knew they had no reliable evidence; through procuring
enactment of PATRIOT Act I and parts of PATRIOT Act II, to deprive U. S. citizens and legal
residents of their constitutional rights; authorizing direct attacks in Iraq on civilians,i civilian
facilities, and locations where civilian casualties were unavoidable,ii including the use of cluster
bombs, designed to spread small explosive devices at substantial distances from the putative
target.iii The administration’s acts cause needless U.S., British, Iraqi, Afghan and U.N.
casualties.iv The administration sent former Ambassador Joseph Wilson to Niger to investigate
claims that Niger sold yellowcake uranium to Iraq. After Wilson announced absence of evidence
to support the claim, a senior administration official feloniously disclosed that Wilson’s wife was

06-02-2
an undercover CIA operative.v Scooter Libby is currently on trial for perjuring himself regarding
the disclosure of Mrs. Wilson’s identity.

Attorney General Alberto Gonzales has told the Senate that habeas corpus is not a right.
Gonzales has also replaced US Attorneys for unlimited appointment without the advice and
consent of the Senate, which has been required for all previous permanent appointments to that
position. The Attorney General was enabled to take these actions because of an obscure
provision of the PATRIOT Act.

Furthermore, the Bush administration is currently pursuing an escalation of the illegal war in
Iraq, despite clear indications from a majority of Americans that they want this war to end.

IMPACT STATEMENT

This resolution does not affect any other law, statute, or rule.

AUTHOR AND/OR PERMANENT CONTACT: Doris Brin Walker, PO Box 77643, San
Francisco, CA 94107, voice 415-282-3240, fax 415-282-3272, email message:
debocracy@sbcglobal.net

RESPONSIBLE FLOOR DELEGATE: Richard Terry Koch or Doris Brin Walker

COUNTERARGUMENTS

ORANGE COUNTY BAR ASSOCIATION

This resolution is not germane to the Mission, Goals and Organizational Values of the CDCBA.
It does not propose any specific state or federal legislation, and the CDCBA would have no
means of implementing this resolution. The resolution is purely “political” in nature and does
not fall within the definition of the mission of the CDCBA. The “mission” of the CDCBA is to
“serve justice in California by bringing together attorney volunteers from across the State . . . to
seek, debate, and promote creative, non-partisan solutions to law-related issues.” (Emphasis
added.) Further, one of the Organizational Values of the CDCBA is to “foster open and vigorous
debate of law-related issues in a courteous, respectful manner that avoids personal and partisan
attacks.” While Orange County recognizes that the new structure of the Conference permits us
to debate issues more freely, even the new rules do not go this far.

Article II(8) of the Rules of Operation and Procedure of the CDCBA provides that the CDCBA
shall not consider any matter or otherwise engage in any activities involving the selection,
nomination, election, appointment, or retention of any individual to any federal, state or local
office, or involving the censure of any state or local office holder.

The only thing that this resolution accomplishes is to make the CDCBA look ineffective, self
important, inept, and politically motivated, in contradiction of its stated Mission, Goals, and
Organizational Values, which further undermines the true work that many are seeking to
accomplish through the CDCBA.

06-02-3
RIVERSIDE COUNTY BAR ASSOCIATION

This resolution deals with issues which are primarily political rather than legal. The two
predominant political parties in our state have two differing views on these issues. For the
Conference to enter the debate would give the appearance of an endorsement of one political
party over another, and thus would cheapen the influence of the conference. Numerous forums
are available to pursue political dialogue. Only one forum exists to represent lawyers as a whole
in our state. For the Conference to remain a viable organization, it must zealously pursue a
reputation for being an impartial body that represents the bar membership as a whole. To further
that reputation, the conference should direct its efforts toward issues which are of unique
importance to our profession and which are not already the subject of state or national political
dialogue. To support any resolution that gives the appearance of supporting one political party
over another is unwise and defeats the purpose of the Conference.

SAN DIEGO COUNTY BAR ASSOCIATION

The resolution, as drafted, is inaccurate as a result of overbroad drafting, perhaps from an older
version of the same concept. The SDCBA cannot support this resolution so long as it contains
the references to Afghanistan as it is inaccurate as to those references

i
See e.g. Robert Fisk. U.S. Troops Turn Botched Saddam Raid into Massacre. Z Magazine.
http://www.zmag.org/content/showarticle.cfm?SectionID=15&ItemID=3966
ii
Michel Guerin. Embedded Photographer: I Saw Marines Kill Civilians Counterpunch Magazine website.
http://www.counterpunch.org/guerrin04162003.html
iii
U.S. Using Cluster Munitions in Iraq. Human Rights Watch website. April 1, 2003.
http://www.hrw.org/press/2003/04/us040103.htm
Peter Ford. Surveys Pointing to High Civilian Death Toll in Iraq. Christian Science Monitor website.
http://www.csmonitor.com/2003/0522/p01s02-woiq.html The Iraq Bodycount website. www.iraqbodycount.org
Peter Spang Goodrich. The Surgical Precision Myth: After the Bomb Explodes -- (CCDP) Cumulative Collateral
Damage Probability Version 11 June 2003 http://www.providence.edu/mba/goodrich/war/surgical/,
Nico Price. First Tally Puts Iraqi Deaths at 3, 240. Atlanta Journal-Constitution
http://www.ajc.com/news/content/news/0603/10iraqdead.html
iv
CNN News. Forces: U.S. & Coalition/Casualties. http://www.cnn.com/SPECIALS/2003/iraq/forces/casualties/
v
Former Ambassador Joseph Wilson was sent to investigate claims that Niger had sold yellowcake uranium to Iraq,
and was unable to substantiate that information.
http://story.news.yahoo.com/news?tmpl=story&cid=519&e=10&u=/ap/wilson_profile
David Stout, Inquiry Into Leak About C.I.A. Officer Is Said to Widen. New York Times. 10/2/03
http://www.nytimes.com/2003/10/02/national/02CND-LEAK.html. The White House is pursuing an agenda of
denial and smear tactics against Wilson rather than making serious attempts to find the senior administration official
who Novak stated supplied the information. White House political operatives are attempting to keep Republican
legislators from calling for special counsel to investigate this felony charge. Richard Stevenson and Eric Lichtblau.
White House Looks to Manage Fallout Over C.I.A. Leak Inquiry. New York Times. 10/2/2003.
http://www.nytimes.com/2003/10/02/national/02LEAK.html

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