Friday, August 08, 2008

An open letter to Ramsey County Attorney Susan Gaertner





Dear Ramsey County Attorney Susan Gaertner:

George W. Bush will be within your jurisdiction on September 1 as he speaks to the Republican National Convention in St. Paul. As you know, as President of the United States, Bush ordered military action against the Iraqi government on the false premise that Iraq represented a direct threat to the security of the United States. There have been two significant books published recently that detail the culpability of George W. Bush: Elizabeth de la Vega was a federal prosecutor. Her book, U S v Bush, details the case she would make against Bush before a federal grand jury. Vincent Bugliosi, the prosecutor of the Manson family, has published The Prosecution of George W. Bush for Murder. His book further documents the legal case to be made against George W. Bush.

I would welcome an opportunity to meet with you and discuss this matter, and at that time I would like to present you with copies of both books.

Young men from Ramsey County died in Iraq as a direct consequence of the lies that were told by George W. Bush: Army Spc. Jacob Vanderbosch, 21, of Vadnais Heights was killed October 3, 2005 in Haqlaniyah, Iraq, when a roadside bomb exploded; White Bear Lake resident Pfc. Elden Arcand's fuel supply truck overturned on a road on August 21, 2005 in Mosul--officials say he was thrown from the vehicle, and it rolled onto him; Army Specialist Gregory Rundell of North St. Paul was killed Wednesday March 26, 2008 while manning a guard tower in Iraq. The crime of reckless endangerment of these young men happened in Ramsey County when they were told they had to serve in Iraq.

If a person in legitimate authority told a lie to someone and that person acted on good faith in believing that lie, then the person who told that lie is guilty of reckless endangerment and must be held accountable for the death of that innocent. If the Chief of Police in St. Paul were to tell someone that they could speed at 95 mph on Highway 35, and that person were to die in an automobile accident in Iowa, then the St. Paul Chief of Police would be guilty of reckless endangerment, and that crime would have occurred in St. Paul. In a like manner, Jacob Vanderbosch, Elden Arcand and Gregory Rundell were lied to in the jurisdiction of Ramsey County. The crime of reckless endangerment or Murder in the Third Degree happened in Ramsey County.

Because Bush committed troops of the Minnesota National Guard to tragic danger and fatalities in Iraq for the sole purpose of enriching his family's business, Halliburton, and, thereby, causing the death of Minnesota citizens, he is guilty of committing murder in the third degree: Section 609.195: MURDER IN THE THIRD DEGREE: whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years on each count.

As you may know, I appealed to Hennepin County Attorney Mike Freeman to bring charges against George W. Bush. He was extremely cordial but he refused. I filed a writ of mandamus with the 4th District Court asking the judge to order County Attorney Mike Freeman to bring charges. The County Attorney responded, and I answered his response. Finally, Judge Gary Larson denied my writ agreeing with the County Attorney's office that they had discretion in the matter of whom to prosecute. I agree that, generally, the County Attorney's office should have discretion on whom to prosecute, however, exception to this absolute authority can be seen in Minnesota Statute 388.12: "Attorney to Assist. The judge of any district court may by order entered in the minutes at any term of court appoint an attorney of such court to act as, or in place of, or to assist the county attorney at such term, either before the court or grand jury. The person so appointed shall take the oath required by law of county attorneys and thereupon may perform all duties at such term of court, but shall receive no compensation where the county attorney is present at such term, except by the county attorney's consent, and to be paid from the county attorney's salary."

I have attached my Appeal, writ of mandamus, their response, my answer and Judge Gary Larson's order to this email.

I would most sincerely appreciate an opportunity to discuss this matter with you at your earliest convenience,

Ed Felien

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Response from Susan Gaertner

August 1, 2008
Dear Mr. Felien:
Thank you for contacting me via email about your desire to have President George W. Bush prosecuted for various crimes.

I respect the passion and sincerity of your deep concerns about the actions of President Bush and the war in Iraq. You argue eloquently and forcefully for your point of view and desired course of action. Although I have not read Mr. Bugliosi's book, I know and admire Ms. De la Vega and have her book at home.
Many people share your conviction that President Bush should be held accountable, and there are various ways in which that might occur. I do not believe, however, that a criminal prosecution by a county attorney and/or an individual appointed by the court to assist the county attorney is the appropriate way to seek to hold a president accountable for the actions you describe-regardless of the merits of the arguments that might be presented. On the legal issues, I also come to the same conclusions stated in the brief filed by Mr. Diamond and the order issued by Judge Larson.

Even though I have not come to the conclusion you might favor, I appreciate the thoroughness and thoughtfulness of the arguments you presented.
Thank you again for contacting me, and best wishes.
Sincerely,
Susan Gaertner
Ramsey County Attorney


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