MEMORANDUM To the United States Congress and Senate

 

MEMORANDUM

To the United States Congress and Senate

Subject: Emergency Verification Protocols to Protect Constitutional Authority Amid Allegations of Foreign Espionage

To:
Members of the United States Senate and House of Representatives
Particular Attention: Senator Mark Kelly

From:
Concerned citizens and advocates for constitutional continuity and national security

Date: 1/2/2026

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I. Purpose of This Memorandum

This memorandum is submitted to urge Congress and the Senate to act not on allegations, but on process, prudence, and constitutional duty, in light of recent public claims made by a former foreign intelligence chief alleging long-term foreign influence over the President of the United States.

The purpose is threefold:

1. To explain why these allegations cannot be ignored nor accepted without verification
2. To justify temporary, lawful safeguards over executive authority during verification
3. To propose the creation of an Emergency Constitutional Review Council to preserve national security and public trust

This memorandum does not assert guilt, does not seek removal, and does not prejudge facts.
It seeks only to ensure that the Republic does not fail through paralysis, denial, or reckless reaction.

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II. The Constitutional Problem Before Us

The United States now faces an unprecedented situation:

A named former intelligence chief, acting publicly and under his own identity, has alleged historic foreign intelligence penetration of the presidency.

Whether these claims are true or false, the consequences of mishandling them are severe:

• If false and ignored, public trust collapses.
• If true and ignored, constitutional order is compromised.
• If treated as truth without evidence, the Republic fractures.

The Constitution does not require certainty to act.
It requires reasonable concern to verify.

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III. Why Verification Must Precede Judgment

The framers anticipated moments when authority itself becomes contested.

Verification is not:

• Insurrection
• Disloyalty
• A coup

Verification is the mechanism by which legitimacy is restored.

History shows that republics fail not because allegations arise, but because institutions refuse to test them.

Congress has both the authority and the obligation to ensure that command authority, intelligence access, and foreign policy decisions remain unimpaired by unresolved national-security risk.

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IV. Why Temporary Safeguards Are Necessary — and Lawful

Until verification is complete, certain executive actions pose irreversible risk, particularly those involving:

• Military deployment or withdrawal
• Intelligence sharing with foreign states
• Sanctions enforcement or exemptions
• Treaty commitments and alliance obligations

This memorandum proposes temporary procedural safeguards, not removal of office.

Such safeguards are consistent with:

• Continuity-of-government doctrine
• Civilian control of the military
• Congressional oversight authority

They are protective, not punitive.

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V. Proposal: Emergency Constitutional Review Council

To balance national security with democratic legitimacy, we propose the immediate formation of an Emergency Constitutional Review Council (ECRC) with the following composition:

Membership

• The Chairman of the Joint Chiefs of Staff
• Two additional Chiefs of Staff (rotating service branches)
• Four members of the Senate (bipartisan)
• Four members of the House of Representatives (bipartisan)
• One independent Chief Justice or retired Supreme Court Justice, serving as constitutional arbiter

Mandate

• Review executive orders and directives related to:
• Military operations
• Intelligence activities
• Sanctions and enforcement
• Foreign alliances
• Ensure actions align with established U.S. law and treaty obligations
• Operate temporarily, dissolving immediately upon verification conclusion

Limits

• No legislative power
• No policy initiation
• No public accusations
• No permanent authority

Its sole function is constitutional containment during verification.

Mandatory Executive-Branch Recusal in Counterintelligence Allegations Involving the Presidency

A. The Constitutional Conflict

When a counterintelligence allegation concerns the President of the United States, a fundamental structural conflict arises:

All executive-branch departments—including the Department of Justice, the Department of Homeland Security, and all intelligence agencies—operate under Article II authority and report, directly or indirectly, to the President himself.

In such circumstances, the executive branch cannot credibly investigate, evaluate, or supervise matters in which its own supreme authority is the subject of inquiry.

This is not a claim of wrongdoing.
It is a recognition of constitutional design limits.

The legitimacy of any verification process depends not only on actual independence, but on publicly defensible independence.

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B. Recusal by Structure, Not Accusation

Accordingly, this memorandum proposes mandatory institutional recusal, not as a punitive measure, but as a prerequisite for credibility and national security.

The following entities must be formally and completely recused from participation, access, or informational flow related to the verification process:

• The Department of Justice
• The Department of Homeland Security
• All executive-branch intelligence agencies under direct presidential authority
• All Cabinet members and White House offices

This recusal includes, but is not limited to:

• Investigative authority
• Advisory roles
• Intelligence access
• Briefing privileges
• Threat assessments
• Evidence handling or evaluation

No exceptions.

This recusal does not constitute:

• A finding of guilt
• An accusation of misconduct
• A suspension of constitutional office

It constitutes containment of conflict of interest.

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C. Rationale for Full Recusal

Even the appearance of executive-branch involvement in verifying allegations concerning the President would:

1. Undermine public confidence
2. Create unacceptable counterintelligence leakage risk
3. Compromise allied trust
4. Render any findings—exculpatory or otherwise—politically and historically contested

Verification that cannot be trusted is worse than no verification at all.

Therefore, recusal is not optional. It is mandatory.

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D. Replacement Authority

In place of executive-branch participation, all verification, evaluation, and temporary authority-review functions shall be exercised exclusively by:

• Congress (acting under its oversight and national-security powers)
• The Judiciary (as constitutional arbiter)
• The Uniformed Command (acting under oath to the Constitution, not political officeholders)

These bodies do not report to the President and therefore retain independent legitimacy.

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E. Handling of Executive Directives During Recusal

During the verification period:

• Executive directives involving:
• Military force or withdrawal
• Intelligence sharing
• Sanctions enforcement or exemptions
• Treaty obligations or alliance commitments

Shall require dual constitutional validation:

1. The Chairman of the Joint Chiefs of Staff
2. The Chair of the Emergency Constitutional Safeguard Authority

Any directive failing validation shall be paused, not canceled, pending review.

This ensures:

• Continuity of government
• Protection of national security
• Absence of unilateral irreversible action

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F. Sunset Clause and Restoration of Authority

This recusal framework is temporary.

Upon completion of verification and formal findings:

• All recused executive authorities are immediately restored if no disqualifying evidence is found
• The Emergency Constitutional Safeguard Authority is automatically dissolved
• A public record is issued documenting process, scope, and conclusions

This ensures that restraint does not become precedent.

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G. Guiding Principle

This memorandum affirms the following principle:

When the executive is the subject of a counterintelligence allegation, executive authority must be restrained not because guilt is presumed, but because legitimacy must be preserved.

Verification is not defiance.
Recusal is not rebellion.
Restraint is not weakness.

It is the Constitution functioning as designed.

 

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VI. Address to the Public: Why Restraint Is Not Weakness

The American people must understand:

Outrage feels natural—but outrage does not protect nations.

Verification protects nations.

The United States must demonstrate to its citizens and allies that:

• Allegations are taken seriously
• Power is restrained by law
• Truth is pursued without panic

This is not about loyalty to a person.
It is about loyalty to the Constitution.

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VII. Address to Senator Mark Kelly

Senator Kelly,

Your background in national service, aerospace risk management, and operational discipline uniquely positions you to understand this moment.

This is not a political test.
It is a systems failure-prevention test.

When astronauts face ambiguous telemetry, they do not ignore it—and they do not assume catastrophe.

They stabilize the system and run diagnostics.

The Republic now requires the same discipline.

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VIII. Conclusion

Congress and the Senate must act—not to accuse, but to verify.
Not to inflame, but to stabilize.
Not to divide, but to preserve constitutional continuity.

History will not ask whether this allegation was comfortable.
It will ask whether the United States had the courage to test reality before it was too late.

Verification is not betrayal.
Verification is patriotism.