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
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:
- To explain why
these allegations cannot be ignored nor accepted without verification
- To justify temporary,
lawful safeguards over executive authority during verification
- 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.
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.
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.
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.
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.
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.
C. Rationale for Full Recusal
Even the appearance of executive-branch involvement in verifying
allegations concerning the President would:
- Undermine
public confidence
- Create
unacceptable counterintelligence leakage risk
- Compromise
allied trust
- 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.
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.
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:
- The Chairman of
the Joint Chiefs of Staff
- 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
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.
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.
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.
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.
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.