DATE: 30 September 2003 SUBJ: PETITION TO THE HONORABLE SENATE JUDICIARY SUBCOMMITTEE ON TERRORISM, TECHNOLOGY AND HOMELAND SECURITY C/O: David Hantman Esq Matthew Lamberti Esq minority counsel TO: Senator Jon Kyl, R-AZ (Chairman) Senator Orrin Hatch, R-UT Senator Arlen Specter, R-PA Senator Mike DeWine, R-OH Senator Jeff Sessions, R-AL Senator Saxby Chambliss, R-GA Senator Dianne Feinstein, D-CA (Ranking Democrat) Senator Edward Kennedy, D-MA Senator Joseph Biden, D-DE Senator Herbert Kohl, D-WI Senator John Edwards, D-NC FROM: Charles B Gittings Jr pro se Hon. Senators, I am Charles B Gittings Jr, a native-born US citizen who resides in Oakland, California. This petition is addressed to you concerning matters of the utmost gravity and in the belief that human lives are unlawfully at risk. 1) Asked about the status of the recommendation by MG Miller, CO JTFGTMO, to repatriate the three juveniles at Camp Iguana, LTC Pamela Hart (PAO, JTFGTMO) states: "The recommendation has gone forth but there hasn't been any movement toward their transfer." --LTC Hart by email, 26 Sep 2003. A source on background states that the three juveniles at Camp Iguana are Afghan nationals. Questions this Hon. subcommittee should ask: - What is holding up MG Miller's recommendation at the Pentagon? - Why was the recommendation made public in advance? - Are these juveniles involved in the cases of CPT Yee or SrA Al-Halabi? 2) A fourth juvenile who is a Canadian national is being held at Camp Delta. He was 15 when captured, and is alleged to have killed a US service member with a grenade (SGT 1ST SPEER, Army Spec. Forces). Questions: - Why isn't that individual being repatriated also? - Why are they imprisoning children in the first place? On what authority? 3) JTFGTMO is plainly violating 1949 Geneva III POWs arts. 4, 5, 129, and 130, etc, in grave breach; 1907 Hague IV Annex art. 23(h); the 1945 London Charter of the IMT arts. 6-8; and 18 USC 2441 (war crimes). I am prepared to testify under oath as to the nature and extent of those violations. Both the detentions and the interrogations at JTFGTMO are plainly unlawful, and it does not appear that JTFGTMO has any lawful purpose -- the entire mission of the command is to evade and violate 18 USC 2441, the 1949 Geneva and 1907 Hague conventions, and other applicable laws in US code. 4) A second question asked LTC Pamela Hart on 26 September 2003... Question: The Miami Herald quotes you as follows: ' "On the whole there are some good people here, primarily good people who are doing their jobs and very well," Hart said. She added that under the prison's existing security doctrine the American troops there are expected to report any infractions they see.' When you say "infractions", what is the exact scope of that term? In other words, does it refer to orders, regulations, the UCMJ, US law generally, or some subset? LTC Pamela Hart: "There are prohibited activities regarding operational security as it relates to detainee operations. The guidelines set within the JTF are clear and those who violate the general's orders are punishable by the UCMJ or receive adverse administrative actions, or both." 5) Further questions to ask: Are service members at JTFGTMO expected to report violations of US law? Are service members at JTFGTMO being ordered to commit, aid, or conceal violations of 18 USC 2441 or other statutes? Who leaked the identity of Ambassador Wilson's wife and why? Who leaked the arrest of Captain James Yee to the Washington Times and why? What is the status of Khalid Shiekh Mohammed's wife and children? 6) I strongly believe that all of these matters warrant the appointment of an independent counsel to investigate JTFGTMO, DoD, DOJ, and the White House for violations of 18 USC 2441 and other laws. 7) ON INFORMATION AND BELIEF, THERE IS PROBABLE CAUSE TO BELIEVE THAT THE FOLLOWING PERSONS ARE PRINCIPALS IN A CRIMINAL CONSPIRACY IN VIOLATION OF 18 USC 2441 AND OTHER US LAWS: The President, Vice President, Secretary of Defense, Deputy Secretary of Defense, Attorney General, Solicitor General, DoD General Counsel, White House General Counsel, US Attorney for DC, US Attorney for Eastern Virginia, US Attorney for Southern New York, CIC CENTCOM, CIC SOUTHCOM, CO JTFGTMO, etc. 8) Pursuant to the 1st Amendment to the US Constitution, this letter is intended as a PETITION FOR THE REDRESS OF GRIEVANCES, said grievances being HIGH CRIMES AND MISDEMEANORS under the meaning of the US Constitution, art. II, sec. (4). In conclusion... I respectfully request that you provide a copy of these questions and allegations to all Senators on the Senate Judiciary Subcommittee for Terrorism, Technology and Homeland Security. I further request an acknowledgement that this petition has been received. Note well that 1949 Geneva Common Article 1 imposes a positive obligation on all US officials "to respect and to ensure respect for the [Geneva Conventions] in all circumstances". Grave breaches of the Geneva Conventions are WAR CRIMES under US and international law. War crimes exclude sovereign immunity, executive privilege, and statutory limitations. Any US official who becomes aware of these charges and fails to act to uphold the law is aiding and abetting the crimes. Subject to 28 USC 1746 (unsworn declarations under penalty of perjury) I affirm that this petition is believed by me to be true and correct. Respectfully, Charles B Gittings Jr 770 Kingston Ave #304 Oakland, CA 94611 510-923-1688 cbgittings@sbcglobal.net PROJECT TO ENFORCE THE GENEVA CONVENTIONS http://PEGC.no-ip.info/ # # #