CITIZENS FOR AMERICA
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CHARLES FREDERICK TOLBERT EDD
February 14, 2018
The President of The United States of America
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Mr. Donald Trump
The President of The USA
1100 S Ocean Blvd
Palm Beach FL 33480
Mr. Donald Trump
The President of The USA
721 Fifth Avenue
New York City, NY10022
Why should the FBI, Homeland Security and the CIA be investigated
and re-established into one department?
Dear Mr. President:
I’m writing this memo to you concerning your authority and the rights you have through the Constitution of the United States of America, over the FBI.
The Judicial branch is mainly charged with interpreting and upholding the U.S. Constitution when issues arise that are directly related to it and the FBI falls under the Executive branch.
As a review, The Federal Bureau of Investigation, formerly the Bureau of Investigation, is the domestic intelligence and security service of the United States, and its principal federal law enforcement agency. Operating under the jurisdiction of the U.S. Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counter-terrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes.
The Attorney General is appointed by you as the President of The United States and takes office after confirmation by the United States Senate. The Attorney General is subject to summary dismissal by the President and impeachment by Congress.
The Attorney General is a member of the Cabinet and is seventh in the United States presidential line of succession.
I believe the department of the FBI infringes on the constitution and this memo in part shows that the Attorney General and the FBI are assuming the role of the Supreme Court.
As a refresher; the position of Attorney General was created by the Judiciary Act of 1789. In June 1870, Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed on behalf of the United States. The Act also vested in the Attorney General supervisory power over the accounts of U.S. Attorneys and U.S. Marshals.
The mission of the Office of the Attorney General is to supervise and direct the administration and operation of the Department of Justice, including the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Prisons, Office of Justice Programs, and the U.S. Attorneys and U.S. Marshals Service, which are all within the Department of Justice, and all fall under the Authority of the Executive Branch.
The FBI has clearly violated the Constitution since its existence, and needs to be brought under control by you as The President of The United States in order for the USA to continue as 50 Sovereign States.
The United States Constitution is the supreme law of the United States. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles entrench the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it. It is regarded as the oldest written and codified constitution in force of the world.
The constitutional question is: Why does the federal government have an armed police force with nearly unlimited authority (at home and abroad) and with the power to conduct most of its work in secret, beyond the oversight of the American people, whose interest they ostensibly serve?
There needs to be a transformation of the FBI from crime-fighting force to powerful partnership in the protection of the sovereign States.
Additionally the question is: Does the Constitution grant the federal government or any of its associated agencies any intelligence gathering and federal law-enforcement power?
Finally, not only is the FBI’s assumption of its current role as federal police force and armed branch of the federal surveillance apparatus unconstitutional and a persistent threat to freedom, but it represents yet another example of the inability of the government to perform any task on par with a privately owned entity with the same or similar objective.
The unreliability of metropolitan police, with their strong local and partisan ties, prompted major businesses and industrialists to establish the Pinkertons and other private police forces. The Pinkertons ultimately functioned as a de facto national detective and policing service until the 1920s, when the FBI finally came into its own.
As one scandal blends into the next, and as each generation sees the occurrence of some serious act of FBI abuse of power, perhaps it is time to consider the abolition of the agency and the return of its assumed duties to the private sector.
The constitutional reality is this: if a government official is clearly placed within the Executive Branch, that official serves at the pleasure of the President, and can be fired “at will.” As history has recently illustrated earlier this month, the federal appeals court in Washington, D.C., struck down part of a law by which Congress created a single director to lead the Consumer Finance Protection Bureau – a law that specified that the director could be removed by the President only “for cause.”
That is very much in line with what the Supreme Court has ruled over the years, to preserve the power of the President to be fully in charge of the Executive Branch. Since 1968, a federal law has provided that the head of the FBI will have a 10-year term in office. But the situation legally is, the chance to serve a full term depends upon retaining the confidence of the President.
Aside from being subject to removal by a President, the FBI director, like all “civil officers of the United States,” can be ousted from office if charged with “high crimes and misdemeanors” by the House of Representatives and removed by a two-thirds vote of the Senate.
Additionally, the FBI is not legally recognized by the States because there is no constitutional amendment giving them the authority vested over the States.
In conclusion: I request that you consider the establishment of an oversight committee concerning Homeland security, CIA, and the FBI being established under one department, cutting back a vast number of USA dollars being spent and give control to a department head directly answerable to you, Donald Trump, The President of the United States, and Congress.
Dr. Charles Fredrick Tolbert EdD, Retired Master Sergeant and a Pastor
300 E. Oakland Park Blvd # 132
Wilton Manors FL 33334
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