IT IS TIME FOR IMPEACHMENT

IMPEACHMENT OF GEORGE W. BUSH_INTERNET NOTES

Bush's impeachable offense

Yes, the president committed a federal crime by wiretapping Americans, say constitutional scholars, former intelligence officers and politicians. What's missing is the political will to impeach him.

By Michelle Goldberg


December 22, 2005 On Tuesday, Dec. 20, Washington Post polling editor Richard Morin participated in an online chat with readers. The liberal blog MyDD urged its users to take part, and evidently they did. In previous days, legal experts had declared that Bush had committed a federal crime by authorizing the surveillance of American citizens without a court order, and Morin was grilled about the issue of impeachment.

First, someone from Naperville, Ill., asked Morin why the Post hasn't polled on public support for impeaching Bush. "This question makes me mad," Morin replied. Someone else repeated the question and Morin typed, "Getting madder." It came up again, and he wrote, "Madder still."

Finally, a fourth person asked it, and he answered: "[W]e do not ask about impeachment because it is not a serious option or a topic of considered discussion -- witness the fact that no member of congressional Democratic leadership or any of the serious Democratic presidential candidates in '08 are calling for Bush's impeachment. When it is or they are, we will ask about it in our polls."

Morin was wrong. It may be exceedingly unlikely that President Bush will be impeached, but in the past few days, the I-word has become a topic of considered discussion among constitutional scholars, former intelligence officers and even a few politicians.

"If you listen carefully, you can hear the word 'impeachment,'" curmudgeonly commentator Jack Cafferty said on CNN. "Two congressional Democrats are using it. And they're not the only ones."

Indeed, speaking on the Diane Rehm show on public radio, Norman Ornstein, a scholar at the conservative American Enterprise Institute, said, "I think if we're going to be intellectually honest here, this really is the kind of thing that Alexander Hamilton was referring to when impeachment was discussed."

On Dec. 17, after the story of Bush's domestic spying broke in the New York Times, the president conceded that he had ordered the National Security Agency to intercept Americans' communications without seeking judicial approval. Unrepentant, the White House insisted that Bush had been granted such authority by the post-9/11 congressional resolution authorizing "all necessary force" in the fight against terrorism, and that the president would continue to order warrantless searches.

The next day, during a public discussion with Sen. Barbara Boxer, D-Calif., former Nixon White House counsel John Dean called Bush "the first president to admit to an impeachable offense." Boxer took Dean seriously enough to consult four presidential scholars about impeachment.

"This startling assertion by Mr. Dean is especially poignant because he experienced firsthand the executive abuse of power and a presidential scandal arising from the surveillance of American citizens," she wrote to them. "Given your constitutional expertise, particularly in the area of presidential impeachment, I am writing to ask for your comments and thoughts on Mr. Dean's statement."

Boxer has not made public any of the responses yet. But other political scholars have weighed in. "The American public has to understand that a crime has been committed, a serious crime," Chris Pyle, a professor of politics at Mount Holyoke College and an expert on government surveillance of civilians, tells Salon. "Looking at this controversy objectively, you inevitably end up with a question of impeachment," says Jonathan Turley, a professor at the George Washington University School of Law.

On Dec. 18, Rep. John Conyers, D-Mich., the highest-ranking Democrat on the House Judiciary Committee, released a 250-page report detailing Bush's misconduct and, on his Web site, called for the creation of a select committee to investigate "those offenses which appear to rise to the level of impeachment." Rep. John Lewis, D-Ga., said in a radio interview that he would support trying Bush. "If there is a move to impeach the president, I will sign that bill of impeachment," he said.


"So the issue is: Is the president above the law?"


Articles of Impeachment

of President George W. Bush

and Vice President Richard B. Cheney,
Secretary of State Condoleezza Rice,
Secretary of Defense Donald H. Rumsfeld, and
Attorney General Alberto Gonzales

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. - - ARTICLE II, SECTION 4 OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA

President George W. Bush, Vice President Richard B. Cheney, Secretary of State Condoleezza Rice, Secretary of Defense Donald H. Rumsfeld, and Attorney General Alberto Gonzales have committed violations and subversions of the Constitution of the United States of America in an attempt to carry out with impunity crimes against peace and humanity and war crimes and deprivations of the civil rights of the people of the United States and other nations, by assuming powers of an imperial executive unaccountable to law and usurping powers of the Congress, the Judiciary and those reserved to the people of the United States, by the following acts:

1) Seizing power to wage wars of aggression in defiance of the U.S. Constitution, the U.N. Charter and the rule of law; carrying out a massive assault on and occupation of Iraq, a country that was not threatening the United States, resulting in the death and maiming of over one hundred thousand Iraqis, and thousands of U.S. G.I.s.

2) Lying to the people of the U.S., to Congress, and to the U.N., providing false and deceptive rationales for war.

3) Authorizing, ordering and condoning direct attacks on civilians, civilian facilities and locations where civilian casualties were unavoidable.

4) Instituting a secret and illegal wiretapping and spying operation against the people of the United States through the National Security Agency.

5) Threatening the independence and sovereignty of Iraq by belligerently changing its government by force and assaulting Iraq in a war of aggression.

6) Authorizing, ordering and condoning assassinations, summary executions, kidnappings, secret and other illegal detentions of individuals, torture and physical and psychological coercion of prisoners to obtain false statements concerning acts and intentions of governments and individuals and violating within the United States, and by authorizing U.S. forces and agents elsewhere, the rights of individuals under the First, Fourth, Fifth, Sixth and Eighth Amendments to the Constitution of the United States, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights.

7) Making, ordering and condoning false statements and propaganda about the conduct of foreign governments and individuals and acts by U.S. government personnel; manipulating the media and foreign governments with false information; concealing information vital to public discussion and informed judgment concerning acts, intentions and possession, or efforts to obtain weapons of mass destruction in order to falsely create a climate of fear and destroy opposition to U.S. wars of aggression and first strike attacks.

8) Violations and subversions of the Charter of the United Nations and international law, both a part of the "Supreme Law of the land" under Article VI, paragraph 2, of the Constitution, in an attempt to commit with impunity crimes against peace and humanity and war crimes in wars and threats of aggression against Afghanistan, Iraq and others and usurping powers of the United Nations and the peoples of its nations by bribery, coercion and other corrupt acts and by rejecting treaties, committing treaty violations, and frustrating compliance with treaties in order to destroy any means by which international law and institutions can prevent, affect, or adjudicate the exercise of U.S. military and economic power against the international community.

9) Acting to strip United States citizens of their constitutional and human rights, ordering indefinite detention of citizens, without access to counsel, without charge, and without opportunity to appear before a civil judicial officer to challenge the detention, based solely on the discretionary designation by the Executive of a citizen as an "enemy combatant."

10) Ordering indefinite detention of non-citizens in the United States and elsewhere, and without charge, at the discretionary designation of the Attorney General or the Secretary of Defense.

11) Ordering and authorizing the Attorney General to override judicial orders of release of detainees under INS jurisdiction, even where the judicial officer after full hearing determines a detainee is wrongfully held by the government.

12) Authorizing secret military tribunals and summary execution of persons who are not citizens who are designated solely at the discretion of the Executive who acts as indicting official, prosecutor and as the only avenue of appellate relief.
13) Refusing to provide public disclosure of the identities and locations of persons who have been arrested, detained and imprisoned by the U.S. government in the United States, including in response to Congressional inquiry.

14) Use of secret arrests of persons within the United States and elsewhere and denial of the right to public trials.

15) Authorizing the monitoring of confidential attorney-client privileged communications by the government, even in the absence of a court order and even where an incarcerated person has not been charged with a crime.

16) Ordering and authorizing the seizure of assets of persons in the United States, prior to hearing or trial, for lawful or innocent association with any entity that at the discretionary designation of the Executive has been deemed "terrorist."

17) Engaging in criminal neglect in the aftermath of Hurricane Katrina, depriving thousands of people in Louisiana, Mississippi and other Gulf States of urgently needed support, causing mass suffering and unnecessary loss of life.

18) Institutionalization of racial and religious profiling and authorization of domestic spying by federal law enforcement on persons based on their engagement in noncriminal religious and political activity.

19) Refusal to provide information and records necessary and appropriate for the constitutional right of legislative oversight of executive functions.

20) Rejecting treaties protective of peace and human rights and abrogation of the obligations of the United States under, and withdrawal from, international treaties and obligations without consent of the legislative branch, and including termination of the ABM treaty between the United States and Russia, and rescission of the authorizing signature from the Treaty of Rome which served as the basis for the International Criminal Court.

Published on Thursday, January 12, 2006 by The Nation
The Impeachment of George W. Bush
by Elizabeth Holtzman

Finally, it has started. People have begun to speak of impeaching President George W. Bush - not in hushed whispers but openly, in newspapers, on the Internet, in ordinary conversations and even in Congress. As a former member of Congress who sat on the House Judiciary Committee during the impeachment proceedings against President Richard Nixon, I believe they are right to do so.

I can still remember the sinking feeling in the pit of my stomach during those proceedings, when it became clear that the President had so systematically abused the powers of the presidency and so threatened the rule of law that he had to be removed from office. As a Democrat who opposed many of President Nixon's policies, I still found voting for his impeachment to be one of the most sobering and unpleasant tasks I ever had to undertake. None of the members of the committee took pleasure in voting for impeachment; after all, Democrat or Republican, Nixon was still our President.
At the time, I hoped that our committee's work would send a strong signal to future Presidents that they had to obey the rule of law.

I was wrong.

Like many others, I have been deeply troubled by Bush's breathtaking scorn for our international treaty obligations under the United Nations Charter and the Geneva Conventions. I have also been disturbed by the torture scandals and the violations of US criminal laws at the highest levels of our government they may entail, something I have written about in these pages. These concerns have been compounded by growing evidence that the President deliberately misled the country into the war in Iraq. But it wasn't until the most recent revelations that President Bush directed the wiretapping of hundreds, possibly thousands, of Americans, in violation of the Foreign Intelligence Surveillance Act (FISA) - and argued that, as Commander in Chief, he had the right in the interests of national security to override our country's laws- that I felt the same sinking feeling in my stomach as I did during Watergate.

As a matter of constitutional law, these and other misdeeds constitute grounds for the impeachment of President Bush. A President, any President, who maintains that he is above the law -- and repeatedly violates the law -- thereby commits high crimes and misdemeanors, the constitutional standard for impeachment and removal from office. A high crime or misdemeanor is an archaic term that means a serious abuse of power, whether or not it is also a crime, that endangers our constitutional system of government.

The framers of our Constitution feared executive power run amok and provided the remedy of impeachment to protect against it. While impeachment is a last resort, and must never be lightly undertaken (a principle ignored during the proceedings against President Bill Clinton), neither can Congress shirk its responsibility to use that tool to safeguard our democracy. No President can be permitted to commit high crimes and misdemeanors with impunity.

But impeachment and removal from office will not happen unless the American people are convinced of its necessity after a full and fair inquiry into the facts and law is conducted. That inquiry must commence now.

ED's Commentary: Anyone can mouth excuses for this man and why he should not be IMPEACHED, but those words are just that excuses! Tell me what he has done is RIGHT! Tell me what he has done is LEGAL! Tell me what he has done is MORAL! Tell me what he has done is CONSTITUTIONAL! Tell me he is innocent of CRIMES AGAINST HUMANITY!

Tell me! I await the the debate; I welcome the debate; I support Impeachment of a President guilty of HIGH CRIMES and MISDEMEANORS IN OFFICE, for misfeance, malfeasance and nonfeasance in office. ED!