Political questions are tricky and complicated. Sometimes causes that are just and good must take a backseat to other priorities or long-term strategies. Setting all such perfectly reasonable considerations aside for a moment, I'd like you to ask yourself a simple yes or no question: Do you think President Bush has committed one or more impeachable offenses? If you said no, I want to talk to you for a second. If you said yes, let's talk in just a minute – but stick around for this first, you'll enjoy it.
"Bush has not committed perjury."
Among those who believe Bush has not committed any impeachable offenses, the most common reason is that he has not lied under oath. But impeachment is a political, not a legal, process – Congress is not obliged to let Bush off on any such technicality. And, in any case, it's a technicality that makes no sense, because perjury is one crime among many. Impeachment is the penalty for treason, bribery, or other high crimes and misdemeanors. The Constitution says nothing about perjury as a ground for impeachment. And it is a crime to mislead or to defraud Congress, whether or not you do so under oath. When Diane Sawyer asked Bush on television why he had made the claims he had about Iraq's supposed weapons of mass destruction, he replied:
"What's the difference? The possibility that [Saddam] could acquire
weapons, if he were to acquire weapons, he would be the danger."
What's the difference? The difference is that had the President merely
said that Saddam Hussein could conceivably acquire weapons someday,
many people would have opposed his war who supported it. They
supported it because Bush said that Saddam had nuclear, chemical, and
biological weapons and was behind the attacks of 9-11. True, in many
instances he avoided making these claims in so many words, and rather
implied them. In other cases, he and his subordinates (for whom he is
legally responsible), made these claims in the clearest language. In
every such case, fraud was committed. Implying and omitting are
legally fraud as much as lying is.
But Bush's crimes don't end with fraud or deception. It is illegal to spy in violation of the Foreign Intelligence Surveillance Act, something Bush has confessed to doing. It is illegal to detain without charge and to torture, practices that have been well documented, drafted as official White House policy, lobbied for by the Vice President, and possibly retroactively pardoned by the Military Commissions Act (another technicality that is irrelevant to a case for impeachment and, anyway, may soon be reversed). It is illegal to take funds from other projects to begin a war before it has been authorized. It is illegal to target civilians and hospitals and journalists, and to use white phosphorous and napalm as weapons. It is a fundamental violation of the U.S. Constitution to alter laws with signing statements. Congressman John Conyers has published a report listing numerous other laws violated by Bush.
But Bush's crimes don't end with fraud or deception. It is illegal to
spy in violation of the Foreign Intelligence Surveillance Act,
something Bush has confessed to doing. It is illegal to detain without
charge and to torture, practices that have been well documented,
drafted as official White House policy, lobbied for by the Vice
President, and possibly retroactively pardoned by the Military
Commissions Act (another technicality that is irrelevant to a case for
impeachment and, anyway, may soon be reversed). It is illegal to take
funds from other projects to begin a war before it has been
authorized. It is illegal to target civilians and hospitals and
journalists, and to use white phosphorous and napalm as weapons. It is
a fundamental violation of the U.S. Constitution to alter laws with
signing statements. Congressman John Conyers has published a report
listing numerous other laws violated by Bush.
"Bush is too dumb to know he was lying."
Bush's comment to Diane Sawyer above belies this, as do other
statements he's made. But as the previous discussion should suggest,
Bush's lying is the least of it. In addition to the crimes mentioned
above, Bush has failed to perform his duties as president as required
of him by the Constitution. His negligence prior to and after 9-11,
prior to and after Katrina, and during the ongoing global warming
crisis: these are failures of the highest order. Indeed, these are, in
the old British phrase that appears in our Constitution: "high crimes
and misdemeanors."
"You can't impeach over policy differences. You must impeach for specific legal violations."
We're seeking to impeach over extreme abuses of power. Bush's specific
legal violations are too many to list and can begin, again, with the
violations of FISA to which Bush has confessed. But impeachment is not
a technical, legal question. Among the grounds for Nixon's
impeachment, in an Article of Impeachment approved by the House
Judiciary Committee, was his lying to the public. The lying cited was
his lying about an ongoing investigation and cover-up of his crimes,
not his lying about, for example, secretly bombing Cambodia. But
Nixon's lying about his investigation, nonetheless, was an impeachable
offense without being a crime. It was a "high crime and misdemeanor,"
an abuse of power.
"Bush has committed impeachable offenses, but impeachment should not be our priority."
OK, now we're back to those of you who believe that Bush has committed
impeachable offenses. Most of you also want to see him impeached, but
some of you do not. Among those of you who do not, a common theme is a
belief that other people disagree with you and will be turned off just
by your proposing impeachment. Well, let me ask you this:
Are you a freak?
Do you believe that other people think completely differently from you?
Do you imagine that significant numbers of actual humans believe the rot that Rush Limbaugh is paid to spew?
Newsweek says that 51 percent of Americans want impeachment to be either a high or low priority, while 44 percent oppose it.
Are you in the "make it a low priority" bunch? If so, you may
subscribe to one of the four most common reasons for your position:
-
Dick Cheney would become president
-
Impeachment is divisive and partisan
-
Impeachment will make the Democrats lose in 2008
-
There are more pressing issues. We must pass positive legislation.
Let's look at each of these in order.
"Dick Cheney would become president."
Impeachment and removal from office are two different steps. Let's not
get ahead of ourselves. Investigating Bush or Cheney will incriminate
the other. Both will face future criminal indictments, and both will
face removal from office. Cheney runs things now backstage to a great
extent, so putting him in charge wouldn't change much, but having him
as the most unpopular president in history would be a huge political
advantage for the Democrats.
Whoever is president after Bush, whether it's Cheney, another
Republican, or Nancy Pelosi, he or she will know that the American
people can hold them accountable through impeachment. The next election
is the time to pick a president. Impeachment and removal from office
are only tools for dealing with officials who abuse power, not for
selecting their replacements. Whether we remove Bush and then Cheney
or Cheney and then Bush, or they both resign, we are likely to end up
with some other Republican as president. That president will, like
Gerald Ford, probably lose the 2008 election by a considerable margin.
The two-thirds vote required in the Senate to remove someone from
office will require at least 16 Republicans voting against Bush and/or
Cheney. They will do that, or ask Bush or Cheney to resign so that
they don't have to (as happened with Nixon), in order to save their own
jobs. The political climate will have swung so far against the
Republicans during the impeachment and trial, that the Democrats will
experience a 2008 landslide.
However, these electoral concerns should not matter in the face of the
importance of this impeachment. If we go into 2009 without having held
Bush and Cheney accountable, the next president will be a dictator with
absolute power outside the bounds of any laws. And he or she will know
that a criminal and unpopular vice president is the best protection
against enforcement of the law. That's a disaster in the making,
regardless of what party the president comes from.
If, on the other hand, we hold Bush accountable through impeachment,
we'll all be much safer, whether his replacement is named Cheney,
Pelosi, or anything else.
"Impeachment is divisive and partisan."
Our President belongs to a political party, it's true. But that does
not make him any less of a threat to our system of government. Voters
just rejected his party overwhelmingly. Not a single new Republican
was elected, and enough new Democrats won to achieve a substantial
majority in the House and a slim one in the Senate. Voters opposed the
party of Bush and Cheney, who are incredibly unpopular. Even some
Republicans who spoke against the war lost, primarily because they were
Republicans. But Republican Ron Paul of Texas, who has spoken in
support of impeaching Bush, won.
If Paul and other Republicans manage to put their country ahead of
their party's president, as Republicans did during Nixon's presidency,
impeachment will not look so partisan. But if Republicans fail to
stand for impeachment, then Democrats must do it alone, and doing so
will be partisan in the best sense. It will build the Democratic Party
into a powerful force for years to come, and it will be divisive
primarily on Capitol Hill and in the world of media pundits.
Around the country it will bring us together. Investigations that
expose Bush and Cheney's abuses of power will serve to educate many of
those who still support them, including those who believe there really
were WMDs, there really was a tie to 9-11, Bush was honestly mistaken
but meant well, illegal spying is saving us from terrorists, nobody has
been tortured, and a signing statement is just something a deaf person
tells you with his hands.
To the extent that restoring the rule of law to this country is
divisive, so be it. We have just killed 650,000 Iraqis on the basis of
blatant lies, and I'm guessing their families found that process a
little divisive. We're killing more of them right now. Before our
Constitution was put in place, we fought a war with England. That was
quite divisive, I imagine. Surely offending a few uncles and brothers
in law who believe things that Fox News tells them is a price we can
well afford to pay.
"Impeachment will make the Democrats lose in 2008."
The historical record suggests that this is all wrong. When the
Democrats held back from impeachment during Iran Contra, they lost the
next elections. And many of the people they failed to go after came
back in the form of the Bush Jr. Administration to make life hell for
the Democrats and the rest of us. When the Democrats led the effort to
investigate and impeach Nixon, they won big in the next election, even
though Ford was running as an incumbent. When the Republicans tried to
impeach Truman, they got what they wanted out of the Supreme Court and
then won the next elections. Articles of Impeachment have been filed
against nine presidents, usually by Republicans, and usually with
electoral success following. When the Republicans impeached Clinton,
impeachment was actually unpopular with the public. Even so, the
Republicans lost far fewer seats than is the norm for a majority party
at that point in its tenure. Two years later, they lost seats in the
Senate, which had acquitted, but maintained their strength in the
House, with representatives who had led the impeachment charge winning
big. Voters appreciate efforts to push for a cause. Cowardice and
restraint are not very popular.
"There are more pressing issues. We must pass positive legislation."
More pressing than restoring the right to not be spied on, to not be
picked up without charge and locked away to be tortured with no access
to a lawyer, a trial, or your family, to not be sent to war for greed
and power? Of course, there are many pressing areas in which we need
to pass legislation. But the outgoing Republican Congress passed some
important bills, including those banning torture and illegal spying.
But Bush used signing statements to announce his intention to disobey
those laws.
Under the new Congress Bush may begin vetoing legislation, but more
likely – I think – he will continue to use signing statements. In
either case, bills will be passed but policy will remain unchanged.
Some important bills, such as one to cut off funding for the war and
redirect it to bringing our troops home, caring for them once they get
home, reconstructing Iraq, and investing in America – some important
bills like this one will not even be passed, because the Democrats do
not have the decency to pass them. If, however, they hold hearings
exposing the fraud that launched the war, the crimes committed during
the war, and the waste of taxpayer money on war profiteers, they may
build the political momentum needed to both pass a bill ending the war
and remove from office a president who will not end the war even if
Congress demands it.
If you believe that Bush can be made to end the war, you still must be
aware that there are many committees in Congress, and that they cannot
all be occupied fulltime with a task that requires 10 minutes' work:
ending the war. If some committees expose the crimes of the war and
the crime that is the war, will that help or hurt the cause of ending
it? And if we end it, but the man who started it faces no penalty,
will that make it more or less likely that a future president will
launch a similar war?

written by admin, December 08, 2006
written by SamSnedegar, December 09, 2006
Too late darlings; democracy died in America in December of 2000 when the judicial handed its power to the executive in waiting, and they wiped out the checks and balances of the congress in one fell swoop. Sure, they can make laws, but who will enforce them? no one. And any laws the executive can't end run will be made unconstitutional by the criminally corrupt supremely unlawful supreme court of the US.
Don't worry about impeaching this bunch; worry that they will cancel elections and keep power like Mushrat does in Pakistan.
written by PhDiva, December 09, 2006
Once again you speak my mind.
I awoke to the McKinney news today (was actually awoken by a phone call) after going to bed in a deep depression. Just last night the Progressive Caucus of the California Democratic Party allowed fear to trump their principles. While almost all of our members believe Bush has committed crimes they backed down from including Impeachment as one of our planks. Instead they used the watered down language of "investigation" so as not to trouble our elders. Despite the fact that a majority of Democrats favor impeachment, the "Progressive" voice in California could only muster a meek wimper.
I wonder if they would all vote for it if McKinney had introduced Articles of Investigation?

Mister Wong
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But Pelosi, Reid and others in the Democratic leadership have rejected impeachment out of hand. Perhaps, then, the more difficult question is "how do we make Congress a responsible body?"
The Democrats' speedy acquiescence, with little or no debate, to the Gates nomination is indication of how they will act during the next two years. Congress is as constitutionally culpable as Bush, Cheney, etc., by abdicating their responsibility to declare war and oversee waging it.
One can only conclude that Congress is compliant, even conspiratorial in allowing the administration's criminal acts with no opposition or movement toward justice. Since Congress will not indict itself, it will fall to the people to make the changes.
Instead of the occasional demonstration, there must be a continuous and, hopefully, escalating non-violent cry for resolution, and even possible referenda pushing Congress to make good and make us whole again.