The Mudcat Café TM
Thread #92714   Message #2246712
Posted By: Amos
27-Jan-08 - 10:53 PM
Thread Name: BS: A Declaration of Impeachment
Subject: RE: BS: A Declaration of Impeachment
From the Philadelphia Enquirer an articulate discourse on impeaching the P and the VP:

"Judiciary Committee should move to impeach Bush and Cheney

Elizabeth Holtzman
served in the U.S. House of Representatives from 1973 to 1981

Since mid-December, members of the House Judiciary Committee Robert Wexler (D., Fla.), Luis Gutierrez (D., Ill.) and Tammy Baldwin (D., Wis.) have called for hearings on the impeachment of Vice President Cheney.

This should not be surprising, given the strength of the case for impeachment. What's surprising is that it took so long for members of this committee, normally tasked with holding impeachment proceedings, to call for them.

They face huge political resistance on Capitol Hill. But they aren't alone. Other Democratic members are joining them. Former senator and Democratic presidential nominee George McGovern recently published an op-ed demanding impeachment proceedings for both Bush and Cheney. Bruce Fein, a Republican who served in the Reagan Justice Department, and many other constitutional scholars also argue for impeachment.

There is more than ample justification for impeachment. The Constitution specifies the grounds as treason, bribery or "high crimes and misdemeanors," a term that means "great and dangerous offenses that subvert the Constitution." As the House Judiciary Committee determined during Watergate, impeachment is warranted when a president puts himself above the law and gravely abuses power.

Have Bush and Cheney done that?

Yes. With the vice president's participation, President Bush repeatedly violated the Foreign Intelligence Surveillance Act, which requires court approval for presidential wiretaps. Former President Richard Nixon's illegal wiretapping was one of the offenses that led to his impeachment. FISA was enacted precisely to avoid such abuses by future presidents.

Bush and Cheney were involved in detainee abuse, flouting federal criminal statutes (the War Crimes Act of 1996 and the anti-torture Act) and the Geneva Conventions. The president removed Geneva protections from al-Qaeda and the Taliban, setting the abuse in motion, and may have even personally authorized them.

The president and vice president also used deception to drive us into the Iraq war, claiming Saddam Hussein and al-Qaeda were in cahoots, when they knew better. They invoked the specter of a nuclear attack on the United States, alleging Hussein purchased uranium in Niger and wanted aluminum tubes for uranium enrichment, when they had every reason to know these claims were phony or at least seriously questioned within the administration. Withholding and distorting facts usurps Congress' constitutional powers to decide on going to war.

Can a commander-in-chief disobey laws on wiretapping or torture to protect the country in wartime?

No. The Constitution requires the president to "take care that the laws be faithfully executed." The Supreme Court ruled Harry S. Truman could not seize steel mills to prevent a strike, even during the Korean War. Nixon's claim of national security as a justification for illegal wiretaps was also rejected in impeachment proceedings against him.

What then is the justification for taking impeachment "off the table"? Congressional leaders don't defend the administration, nor do they contend that its actions are unimpeachable or less serious than Nixon's. Instead they argue there is no time, or that impeachment proceedings would distract the Congress from other work, or divide the country. The subtext seems to be fear that impeachment could undermine Democratic election prospects in 2008.

But even these "pragmatic" arguments are wrong. Let's take them one at a time:...".

See link above for the rest of the article. This piece has several salient features which differentiate it. One, it is by a retired US Representative. Second, it is unusual for the Philadelphia Enquirer to carry this sort of material, I believe. Third, it emphasizes the means of a Judiciary Committee.

I wish Ms. Holtzman a warm reception for her views.

A