A draft subpoena for Congressional use
As a former chair of a Government Oversight congressional investigative subcommittee, I am calling on Congress to investigate whether or not the Biden Administration initiated the destruction of the Nord Stream pipeline, near Denmark’s Bornholm Island, on September 26, 2022.
Veteran investigative journalist Seymour Hersh’s comprehensive account of the Biden Administration’s role in the bombing of Nord Stream has provided a road map for a series of congressional inquiries necessary to confirm or disconfirm Administration culpability.
President Biden’s own statements predicting the end of Nord Stream , preliminary to the devastating attack on its infrastructure, point to the necessity of determining whether or not the president was speaking from his singularly informed position of the Chief Executive, as Hersh indicated.
A deconstruction of Hersh’s detailed narrative, (published two months ago on Substack), makes possible the development of a stream of subpoenas to determine the details of the planning and execution of the dismantling of Nord Stream by explosives.
This is a proper subject for a investigation, under Congress’ Article One, Section 8, Clause 18, constitutional powers to gather information, including to inquire on the administrative conduct of office.
The bombing of Nord Stream was an unconstitutional Act of War, involving the destruction of billions of dollars of energy infrastructure and wreaking havoc on the energy markets of Europe. The destruction of this major energy pipeline has affected over 80 million people, threatened the viability of continent’s manufacturing base and its overall economic stability.
The Administration did not have congressional approval, required under Article I, Section 8; nor did they consult with congressional leaders regarding the use of military assets for an attack on Nord Stream.
The President cannot cling to “Executive Privilege.” The President takes an oath to “preserve, protect and defend the Constitution (Article II, Section 1, U.S. Constitution)…and to “take care the laws be faithfully executed.” (Article 2, Section 3, U.S. Constitution.) Executive privilege cannot be invoked to cover up violations of domestic or international law. Production of presidential records relating to Nord Stream can be compelled.
Several foreign governments have investigated the undersea demolition. They have, however, withheld information from not only their constituents, but also from members of their parliaments, further necessitating the exercise of United States’ congressional authority. Last week, the U.N. Security Council turned down a Russian request for an investigation of the Nord Stream bombing.
The American people have a right to know if their government, as has been reported, was involved in secretly perpetrating an Act of War, using US military personnel and the expenditure of US tax dollars, without the people’s knowledge and without the assent of their elected representatives.
In order to be of assistance to my former colleagues, based on my experience in guiding subcommittee investigations (with the assistance of congressional staff), and with express appreciation for Seymour Hersh’s diligent investigation, I offer an example of (but by no means all-inclusive) congressional subpoena:
Subpoena
By Authority of the House of Representatives
of the Congress of the United States of America
To the Secretary of the Navy: You are hereby commanded to be and appear before (name of committee) at the time and the date (specified below) to produce the things identified in the attached schedule, touching matters of inquiry committed to said committee….
Schedule A
You, the Secretary of the Navy, in accordance with the attached schedule instructions, are required to produce in unredacted form all records described below:
Definitions:
The following definitions apply both to terms within the Subpoena, Schedule A, these instructions and these definitions:
Similar congressional subpoenas can be sent to the White House, the National Security Agency, the State Department, the Energy Department, the Treasury Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, the President’s Foreign Intelligence Advisory Board, the Central Intelligence Agency and the National Security Agency.
Congress must investigate the bombing of the Nord Stream pipelines. Listed above are some of the documents that must be obtained, and the list is by no means exclusive.
If the Administration, as has been charged by a veteran investigative journalist, did indeed conspire to blow up the Nord Stream pipelines, it marks a radical shift in the use of the presidential war power, a usurpation of the role of Congress and, unless checked, could lead to further reckless decisions that put us on an irrevocable path toward World War III.