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: 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

Resolution 06-02-2007

Doris Brin Walker, Esq. Germaneness Review Page 2

July 19, 2006

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 preConference 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.

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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

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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.

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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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