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Efforts to impeach George W. Bush

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File:Harpers March 2006.jpg
Some have called for the impeachment of U.S. President George W. Bush. Shown here is the March 2006 newsstand cover of Harper's Magazine.
File:The Case for Impeachment of GWB.jpg
The authors, Dave Lindorff and Barbara Olshansky, present legal grounds for impeachment of Bush

The movement to impeach George W. Bush is a political movement advocating the impeachment of United States President George W. Bush. Those who have voiced support for impeachment include some Democratic and Republican members of the United States Congress, various other politicians and government officials, demonstrators, scholars, authors, members of the media, and a segment of the American people and international community. The reasons they offer for Bush's impeachment include concerns about the legitimacy, legality, and constitutionality of the 2003 invasion of Iraq, and the controversial electronic surveillance of American citizens by the National Security Agency.

2007 polls have shown public support ranging between 36 and 45 percent in favor of impeaching Bush, and between 46 and 62 percent opposed [1]. The House of Representatives Judiciary Committee has not considered the impeachment of President Bush and the House of Representatives has taken no action to do so. The Democratic Party leadership has indicated that they have no intention of resolving to impeach him.

Impeachment

To impeach the President of the United States, a majority of the United States House of Representatives must agree to pass a resolution that alleges the President committed "treason, bribery, or other high crimes and misdemeanors." This impeachment resolution is commonly called an "Article of Impeachment" and spells out in detail the charges against the President. The House of Representatives then exhibits these Articles of Impeachment to the United States Senate since the latter body has the "sole Power" to "try all impeachments."

If the U.S. Senate, by two-thirds vote, finds the President "guilty" on any Article of Impeachment, then the President is removed from office and the Senate next votes on whether or not to disqualify the ex-President from holding further office under the United States. Although already tried by the Senate, the ex-President is still liable to indictment and trial under regular criminal statutes for any federal crimes he may have committed. If the U.S. Senate fails to reach a two-thirds majority for conviction, the President is acquitted and the trial is over.

In the House, the Judiciary Committee is the typical committee to where impeachment resolutions are referred. The Judiciary Committee has formally reported to the full House of Representatives impeachment resolutions against four Presidents: President John Tyler, President Andrew Johnson, President Richard Nixon, and President Bill Clinton. Of those four Presidents, only Johnson and Clinton were impeached by the House. Both were acquitted by the Senate. Nixon resigned after the Judiciary Committee recommended impeachment but before the full House considered the report. (Nixon resigned apparently after being told that his impeachment and conviction were near certainties by Arizona Senator Barry Goldwater, a conservative Senator who ran for President in 1964.)

The President's pardon power does not extend to "Cases of Impeachment", as explicitly stated in Article Two of the United States Constitution. Thus a President may not intervene in either the House impeachment or the Senate trial. Dispute exists about whether the Impeachment exception to the pardon power extends to cases brought in the regular court system after Senate conviction.

Political views and actions

Democrats in Congress

On May 10, 2006 House Speaker Nancy Pelosi (D-CA) indicated she was not interested in pursuing impeachment and had taken it "off the table", reiterating this phrase on November 8, 2006.[2][3] In July 2007, Pelosi stated that she "would probably advocate" impeaching Bush if she were not in the House nor Speaker of the House.[4]

John Conyers, who had previously advocated the impeachment of George W. Bush, called for an investigation of the President in 2005.

On June 16, 2005 Rep. John Conyers (D-MI) assembled an unofficial meeting to discuss the Downing Street Memo and to consider grounds for impeachment. Dozens of members of Congress, former Ambassador Joseph C. Wilson and former Central Intelligence Agency (CIA) analyst Ray McGovern participated.[5]

On December 20, 2005, the House Judiciary Committee Democratic Staff, at Conyers' request, filed its report. [6] Regarding this report, Conyers makes several allegations favoring impeachment on his blog.

Conyers filed a resolution on December 18, 2005 to create an investigative committee to consider impeachment. His resolution gained 38 co-sponsors before it expired at the end of the 109th Congress. He has not re-introduced a similar resolution for the 110th Congress.[7]

As of May 18, 2006, Conyers' current position regarding impeachment is "... rather than seeking impeachment, I have chosen to propose comprehensive oversight of these alleged abuses."[8]

On December 19, 2005, Sen. Barbara Boxer (D-CA) issued a press release,[9] saying that she had written four undisclosed legal scholars, asking if there were grounds for impeachment. In the press release, she cited the December 16, 2005, New York Times disclosure of Bush's authorization of the National Security Agency to monitor Americans without warrants. However, in a December 20, 2005, CNN interview with Wolf Blitzer, Boxer stated she was not ready to call for Bush's impeachment.

Rep. John Lewis (D-GA) has said that Bush should be impeached for authorizing the NSA's actions.[10][11]

At another unofficial hearing convened by Conyers on January 20, 2006, Rep. Jerrold Nadler (D-NY) called for the committee to explore whether Bush should face impeachment, stemming from his decision to authorize domestic surveillance without court review. The proceedings had no legal authority, as committee chairman, Rep. James Sensenbrenner, (R-WI), rejected Democrats' requests for an inquiry.[12]

Keith Ellison was the leading figure behind the resolution to impeach Bush brought to the Minnesota State House of Representatives in May 2006 (see below). Ellison said “I absolutely know and can show that (the president) deserves it; he deserves to be impeached.”[13]

Ellison was elected to the U.S. House of Representatives in November 2006. During the campaign and when he was named to the House Judiciary Committee, Ellison repeatedly called for an investigation into a possible impeachment.[14][15] In support of his candidacy, he “received a $1,000 contribution from ImpeachPAC”.[15]

One of Ellison’s Republican counterparts from Minnesota, Rep. John Kline, said “Ellison's views won't matter because House Speaker Nancy Pelosi, D-California, has already said impeachment is ‘off the table.’ In all fairness to the gentleman from Minneapolis, he is a freshman member. I understand that he was endorsed by ImpeachPAC and supported financially. ... He probably feels that he made a commitment and he's got to make some noise, but so what?”[15] On April 22, 2007 Ellison later met with constituents, and listed new conditions for his support for impeachment hearings, such as verifiable facts and the backing of a majority of the American people.[16]

On December 8, 2006 (the last day of the 109th Congress), then-Rep. Cynthia McKinney (D-GA) submitted a resolution, H. Res. 1106, introducing articles of impeachment against President Bush, Vice President Dick Cheney, and Secretary of State Condoleeza Rice. The bill expired along with the 109th Congress.[17]

Conyers brought up impeachment on ABC's This Week with George Stephanopoulos[18] July 8th, 2007, stating:

"We're hoping that as the cries for the removal of both Cheney and Bush now reach 46 percent and 58 percent, respectively, for impeachment, that we could begin to become a little bit more cooperative, if not even amicable, in trying to get to the truth of these matters."

  • In late July 2007, Sen. Russ Feingold (D-WI) stated his intentions to introduce legislation to formally censure the president and vice president "within days." During an appearance on NBC's Meet the Press, Feingold stated "there's a lot of sentiment in the country...for actually impeaching the President and the Vice President. I think that they have committed impeachable offenses with regard to this terrorist surveillance program and making up their own program", later referring to censure as a "moderate course."[10][11]

Republicans in Congress

Senator Chuck Hagel (R-NE) has raised the possibility of impeachment [21]. In an interview on ABC News' This Week on March 25, 2007, however, Hagel said, “I didn't call for it, I didn't predict it. What I was saying, I was laying out options here.”

Several weeks after Ignacio Ramos, one of the border guards imprisoned for shooting an alleged drug dealer on the US-Mexico border, was assaulted in prison, Rep. Dana Rohrabacher (R-CA) said, ""I tell you, Mr. President, if [Ignacio Ramos or Jose Compean] -- especially after this assault -- are murdered in prison, or if one of them lose their lives, there's going to be some sort of impeachment talk in Capitol Hill."[22]

In July 2006, Rep. Ron Paul (R-TX) stated on Alex Jones' radio show "I would have trouble arguing that he's been a Constitutional President, and once you violate the Constitution and be proven to do that I think these people should be removed from office." [23]

State Legislatures

As of June 2007, 11 state legislatures have considered impeachment resolutions; none has passed such a resolution. Impeachment resolutions in Wisconsin and Maine were still pending votes; in the other nine states, resolutions have either been defeated or 'died' with the closure of the legislative session without ever coming to a vote. These states were: Illinois (the first state to consider such a measure, introduced April 20, 2006), California, Hawaii, Minnesota, Missouri, New Mexico, Texas, Vermont and Washington[24]

On April 20, 2007, the Vermont State Senate passed a resolution calling for impeachment on a 16-9 vote, without debate.[25][26] A similar resolution made its way through the Vermont House less than a week later, but was defeated 87-60.[27][28]

On April 20, 2006, the Illinois State Legislature began to consider Resolution 125 (HJR0125), which brought five specific charges against Bush.[29] On April 25, 2006 over a dozen members of the Illinois house co-sponsored the bill, and referred it to the Rules Committee.

In April 2006, an impeachment proposal was introduced in the California state legislature.[30] On November 7 2006, voters in San Francisco and Berkeley approved ballot measures calling for Bush and Cheney's impeachment.[31][32][33] Both measures call upon the California State Legislature and both houses of Congress to pursue impeachment proceedings.[34]

On May 4 2006, then-State Rep. Keith Ellison (DFL-Minneapolis) and four other DFL state legislators proposed a "resolution relating to impeachment of President George W. Bush".[35][36]

On January 23 2007 a resolution was introduced to the New Mexico Legislature.[37][37][38][39]

The Democrats hold both chambers of New Mexico’s Legislature, but the resolution has been set to come before three different committee hearings. The New Mexican reported “That many committee assignments generally is thought of as the kiss of death for legislation. Not only are there three chances to kill a measure before it gets to a floor vote, it also increases the chance that time will run out in the 60-day session before a measure can make it through both chambers.”[38] Republican members told reporters that they were not taking the resolution seriously and cited the number of committee hearings as one of the reasons for their opinion.[38]

Washington state senator Eric Oemig introduced Senate Joint Memorial 8016 in February 2007 calling on Congress to investigate and consider the impeachment of President Bush.[40][41]

State Party Conventions

On April 28, 2007, the California Democratic Convention passed a resolution for impeachment. On May 19, 2007, the Massachusetts Democratic Convention passed a resolution to impeach Bush and Cheney. On March 21 2006 the New Mexico Democratic Party, at a convention in Albuquerque, adopted a plank to their platform saying “the Democratic Party of New Mexico supports the impeachment of George Bush and his lawful removal from office.”[42]

On March 24, 2007, the Vermont Democratic State Committee voted to support JRH 15, a state legislative resolution supporting impeachment, calling for its passage as "appropriate action."[43][44][45]

Local communities

As of July 2007, a total of 80 cities and townships in the United States had passed declarations calling for the impeachment of both Bush and Cheney. [46]

By March 6, 2007, 39 towns in Vermont (up from just five towns in 2006) had passed resolutions calling on Congress to file articles of impeachment against Bush for claiming that Iraq possessed weapons of mass destruction and for it's warrantless wiretapping program. On May 17, 2007, the Detroit City Council passed a unanimous, non-binding resolution calling for the impeachment of both Bush and Cheney. The resolution was sponsored by Monica Conyers, wife of Rep. John Conyers.

As of June 2007, a number of local community governments had passed similar impeachment resolutions. They are as follows[47]

Reported White House reaction

The January 23-29 2006 issue of Insight on the News, self-described as "a sister publication" of the Washington Times, included an article, "Impeachment hearings: The White House prepares for the worst." This article said administration sources regard Senate Judiciary Committee hearings into the NSA warrantless surveillance controversy as "a prelude to the impeachment process." An anonymous source criticized Congress, saying, "We will tell the American people that while we have done everything we can to protect them, our policies are being endangered by a hypocritical Congress."[48]

Public opinion

2005 polls

In October 2005, an anti-Iraq war organization, After Downing Street, commissioned a poll by the independent Ipsos Public Affairs Research,[49] which found that by a margin of 50 percent to 44 percent Americans say that President Bush should be impeached if he lied about the war in Iraq.[50] A Zogby International poll from October 29 to November 2 2005 confirmed this result by a margin of 53 percent to 42 percent. This was supported by 76 percent of Democrats, 50 percent of Independents, and 29 percent of Republicans. A November 2, 2005 Washington Post-ABC News poll found 55 percent of Americans believe the Bush administration "intentionally misled the public" in making its case for war.[51]

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A lone protester in Boston urges rush hour drivers to 'honk' in support of the impeachment of President George W. Bush on September 28, 2007.

On December 15 2005, Rasmussen Reports released a poll that showed that 32 percent of the 1,000 Americans polled would support an impeachment of Bush and 35 percent would support an impeachment of Cheney.[52]

2006 polls

A March 16 2006 poll by American Research Group showed that 42 percent of American adults favored impeaching Bush, with 49 percent opposed.[53][54]

A September 2, 2006 poll conducted by CNN/Opinion Research Corp. indicated that 30 percent of the American people supported impeachment, and 69 percent were opposed. One percent had no opinion.[55] This support for impeachment was similar to the 34 percent who favored impeachment for Bill Clinton during the height of the Lewinsky scandal.[56]

An October 2006 Newsweek poll found support for the impeachment of President Bush as follows: 28 percent felt that impeachment should be a "top priority", 23 percent a "lower priority", and 44 percent that it should not be done.[57]

2007 polls

According to Angus Reid, an InsiderAdvantage poll around May 1, 2007, found 39 percent of American voters to favor impeaching both Bush and Cheney, and 55 percent opposed.[58] Analyzing these numbers, Bob Barr, who initiated the Clinton impeachment hearings, said that "this indicates the surprising depth of dissatisfaction with Bush."[59]

On July 6, 2007, a telephone poll conducted by the American Research Group found that 45 percent of American adults favored the US House of Representatives beginning impeachment proceedings against Bush, with 46 percent opposing the proceedings.[60]

In another July 2007 pool by USA Today/Gallup, 36% of Americans felt there was justification for congress to begin impeachment proceedings against the President, while 62% felt that there was no justification [61]

Online polls and surveys

A number of organizations provide online voting and petitions regarding Bush/Cheney impeachment. The MSNBC "Live Vote: Should Bush be impeached?" is ongoing and has garnered in excess of 567,000 votes, 89% in favor of impeachment (as of September 27, 2007). Democrats.com has an active online petition, "Ten Reasons to Impeach George Bush and Dick Cheney", which has received more than 124,000 of its targeted 1,000,000 signatures.

MoveOn has not officially taken up the cause for Bush/Cheney impeachment; however, they have quietly initiated an online survey entitled "Dealing with the Administration". Ironically, MoveOn's reluctance to act more forcefully has led to yet another online petition, "It's Time for MoveOn to Start Talking about Impeachment", endorsed by Noam Chomsky and Howard Zinn, with more than 2,300 additional signatures.

Media response to polls

The major media have largely ignored these opinion polls and protests. However, several columnists have endorsed impeachment. Eleanor Clift on The McLaughlin Group predicted on November 6, 2005 that "if the country, according to the polls, believes by a margin of 55 percent that President Bush misled us into war, the next logical step is impeachment and I think you’re going to hear that word come up and if the Democrats ever capture either house of Congress there are going to be serious proceedings against this administration."[62] However, Clift's prediction proved to be in error. After the Democrats took both the House and Senate in the 2006 elections, there was no serious movement undertaken in Congress to initiate impeachment hearings.

When the Washington Post's chief pollster, Richard Morin, was asked by readers why the Post has not polled on impeachment he responded, "This question makes me angry." According to Media Matters for America, the Washington Post asked about impeachment in a poll conducted a few days after the revelation of President Clinton's relationship with Monica Lewinsky in 1998. Frank Newport, the director of the Gallup Poll, has said he would only run a poll on the subject if it starts to gain mainstream attention and not until then.[63]

Rallies and marches

Protesters held and wore signs demanding impeachment of the president

An anti-Iraq war protest march in Washington, DC on 24 September 2005 attracted over 100,000 people. The march among other things included calls for impeachment and for investigations leading to impeachment.[64]

On November 2 2005, The World Can't Wait mobilized marches across the country that called for the ousting of Bush.[65][66][67][68][69]

Rep. Maxine Waters founded the Out of Iraq Caucus in the House of Representatives. It has 66 members (as of August 31 2005). An Out of Iraq event hosted by Waters in Inglewood, California, attracted 1200 supporters who loudly chanted "Impeach Bush" in response to a speaker explaining high crimes and misdemeanors.

On January 6, 2007, over 1000 people gathered in Nancy Pelosi's district, on Ocean Beach in San Francisco, to spell out the message "IMPEACH!". [12]

On April 28, 2007, thousands of Americans in over 125 cities from North Pole, Alaska to Miami, Florida gathered in protest to support impeachment of President Bush. [70]

Groups formed to support impeachment

Numerous groups have been created to support impeachment. The ImpeachBush.org website claims to have collected 975,987 signatures (as of October 19, 2007) on a petition to impeach Bush. In Los Angeles on July 4, 2007 the [13] Los Angeles National Impeachment Center was launched by Executive Director, attorney and longtime Green Party activist Peter Thottam. The Impeachment Center is also known as LANIC with its website at [71].

On LANIC's website there is an updating set of resolutions, volunteer video clips and other information on its website located at www.BCIMPEACH.com. LANIC is focusing on H Res 333, the resolution to impeach Cheney. As of September 10, 2007, LANIC had collected 4,892 handwritten signatures of pro-impeachment signatures of Los Angeles residents together with verifiable addresses. LANIC's goal is to have 5,000 such signatures for submission to the L.A. City Council by September 15, 2007.

July 28, 2007 photo of LANIC volunteers in Los Angeles demanding impeachment of President Bush and Vice President Cheney
July 28, 2007 photo of LANIC volunteers in Los Angeles demanding impeachment of President Bush and Vice President Cheney

LANIC's Impeachment headquarters is the first of its kind in the U.S. [72]. It was launched with the purpose of being a public space facilitating the cooperative work of Progressive Democrats, Green Party members, activists from World Can't Wait, 911Truth, Interfaith Communities United for Justice & Peace (ICUJP) and many other progressive groups. On July 16, 2007, LANIC was successful in working with the West Hollywood City Council to unanimously approve a symbolic, non-binding resolution calling for the impeachment of Bush and Cheney. This was the first city council in Southern California to pass such an impeachment resolution. Building on the success of the West Hollywood vote and on impeachment resolutions co-sponsored by LANIC at the July 2007 US Social Forum, LANIC organizers are currently focusing on Santa Monica, Culver City, Glendale, Huntington Beach, Santa Ana and Los Angeles city councils. Volunteers are also lobbying California legislative and federal representatives to approve resolutions calling for impeachment of Bush and Cheney for high crimes involving abuse of executive power.

The day after its July 4, 2004 launch, the Los Angeles Times ran a full page story on the Center noting its potential as a national model for impeachment centers across the country. The July 5, 2007 Times story noted Congresswoman Maxine Waters' observation that '"This is one of the most important efforts this country has ever seen," as "[she] spoke to over 500 citizens gathered for a noon rally at nearby La Cienega Park.' The center is now serving as a model for similar impeachment centers throughout California as well as Affiliate Centers that have launched in states such as Vermont, Florida, Georgia, Maine, Missouri, Illinois and Minnesota.

World Can't Wait.org plans to include ads in the New York Times to reach millions about future protests.[citation needed]

On December 20 2005, The AfterDowningStreet.org website mounted an effort[73] to support Conyers' legislation to censure Bush and Cheney and to investigate the administration's lead-up to the Iraq war, in possible preparation to impeachment.

Constitution Summer [74], a nonpartisan coalition of students and young people at law schools and universities nationwide, helped the cities of Berkeley and San Francisco put impeachment on their municipal ballots, and are working to help other cities pass city council resolutions.

Advocates of impeachment

Organizations

Politicians and government officials

Media editorials and opinion pieces

Musicians

Rationales for impeachment

Proponents of impeaching Bush assert that one or more of his actions qualify as "high crimes and misdemeanors" under which the president can constitutionally be impeached.[118][119]

This section collates a list of pro-impeachment advocates' rationales as suggested by commentators, legal analysts, members of the Democratic Party, the Center for Constitutional Rights[120] and others. However, since impeachment is inherently political, and not a legal process, there is no exact definition of what constitutes an impeachable offense. Therefore, this list is not necessarily accurate. Simply stated, it is up to Congress to determine if something rises to the level of "high crimes and misdemeanors."

NSA warrantless surveillance controversy

In the context of the "war on terror", Bush ordered the wiretapping of certain international calls to and from the U.S. without a warrant. The program's critics contend that it violates the Foreign Intelligence Surveillance Act (FISA), which was adopted to remedy similar actions in the past (e.g. Operation Shamrock, Operation Minaret, Church Committee). They also allege that it violates the Fourth Amendment of the Constitution,[121] which prohibits unlawful searches and seizures of US citizens, including electronic surveillance. These allegations have been advanced by articles published in The Christian Science Monitor and The Nation.[122] In its defense, the administration has asserted that FISA does not apply as the President was authorized by the Authorization for the Use of Military Force (AUMF) and the presidential powers as Commander-in-Chief inherent in the Constitution, to bypass FISA.[123] In Hamdan v. Rumsfeld, the Supreme Court majority held that neither the AUMF nor the president's role as Commander-in-Chief trumps explicit federal law, in this case the Uniform Code of Military Justice.

In January 2006, the Congressional Research Service released two legal analyses concluding that:

...no court has held squarely that the Constitution disables the Congress from endeavoring to set limits on that power. To the contrary, the Supreme Court has stated that Congress does indeed have power to regulate domestic surveillance... the NSA surveillance program... would appear to be inconsistent with the law.[124]

In addition, the American Bar Association, in February 13, 2006, issued a statement denouncing the warrantless domestic surveillance program, accusing Bush of exceeding his powers under the Constitution. Their analysis opines that the key arguments advanced by the Bush administration are not compatible with the law.[125] David Kris and five former FISC judges, one of whom resigned in protest, have also voiced their doubts as to the legality of a program bypassing FISA.[126][127]

Aside from these organisations, others (see below) have stated that the Bush administration's justification of the program, using its interpretation of presidential power, overthrows the Constitutional system of checks and balances and ignores other provisions of the Constitution mandating that the President "shall take Care that the Laws be faithfully executed" and vesting Congress with the sole authority "To make Rules for the Government and Regulation of the land and naval Forces" and "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." The Senate Committee voted along party lines, and decided a detailed investigation into the matter was unwarranted.[128]

Former House member Elizabeth Holtzman (who played a key role in House impeachment proceedings against Nixon), John Dean (Nixon's former counsel) and Jennifer van Bergen from FindLaw assert that by authorizing warrantless domestic wiretapping, President Bush violated the Foreign Intelligence Surveillance Act without legal basis, constituting a felony and as such an impeachable offense.[129][130][131]

On August 17 2006, the case, ACLU v. NSA, in U.S. District Court for the Eastern District of Michigan ruled that the Bush administration’s program to monitor the phone calls and e-mails of Americans without warrants was unconstitutional and must be stopped.[132] It was the first ruling by a federal court to strike down the National Security Agency surveillance program. In her ruling, Judge Anna Diggs Taylor dismissed the government’s argument that the president "has been granted the inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the Constitution, itself." In the conclusion of the ruling, Justice Warren was quoted from the case U.S. v. Robel, 389 U.S. 258 (1967) where he wrote:

Implicit in the term ‘national defense’ is the notion of defending those values and ideas which set this Nation apart…It would indeed be ironic if, in the name of national defense, we would sanction the subversion of…those liberties…which makes the defense of the Nation worthwhile. Id. at 264.[133]

In response to this decision, on September 20, 2006, the House Permanent Select Committee on Intelligence as both committees approved H.R. 5825, the "Electronic Surveillance Modernization Act." According to the ACLU, that bill, authored by Representative Heather Wilson (R-NM) would give the president unprecedented power and authorize the warrantless surveillance program conducted by the National Security Agency.[134] Some civil liberties groups opposed the bill commenting that the new bill gives the president tacit approval to ignore the Constitution.[135]

Bush notified Congressional leaders of his decision to authorize warrantless wiretapping at the time of the decision. However, they were not totally informed, nor were they allowed to take notes or confer with others to assess the possible ramifications of this program.[136]

2003 invasion of Iraq

Constitutionality of invasion

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Attorney John Bonifaz argues for a Bush impeachment, alleging that the war against Iraq was undertaken without a declaration of war by Congress and is thus illegal.

In February and March 2003, John Bonifaz served as lead counsel for a coalition of US soldiers, their parents, and members of Congress in John Doe I v. President Bush,[137] a constitutional challenge to Bush’s authority to wage war against Iraq absent a congressional declaration of war or equivalent action. Bonifaz argued in court that Bush's planned first-strike invasion of Iraq violated the War Powers Clause of the US Constitution.[138] As a corollary to his lawsuit, Bonifaz has argued publicly and in writing that Bush ought to be impeached for this. However, Bonifaz's lawsuit was dismissed in February 2003 and, in March 2003, the dismissal was upheld on appeal. Regarding the dismissal, Bonifaz said:

"They’re not supposed to sideline... Courts cannot shirk from responsibility when it looks like a political battle."[139]

Regarding the affirmation of the dismissal, the appeals court held:

"...the text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war."[140]

Francis Boyle, a professor of international law at the University of Illinois also uses this argument as reason in his Draft Impeachment Resolution.[141]

Justification for invasion

Furthermore, the arguments put forward for the invasion of Iraq[142] — the continued possession and development of weapons of mass destruction and active links to al Qaeda — have been found to be false, according to all official reports.[143][144] A report by the Defense Department in 2007 conclusively stated the claimed working relationship with Al Qaeda did not exist. As the Washington Post described it:

"the intelligence community's prewar consensus [was] that the Iraqi government and al-Qaeda figures had only limited contacts, and ... that reports of deeper links were based on dubious or unconfirmed information."[145]

The Bush administration advocated that this was due to failure by the intelligence community. However, it has become clear that, prior to the invasion, these arguments had already been widely disputed,[146] which had purportedly been reported to the Bush administration. An in-depth investigation into the nature of these discrepancies by the Senate Intelligence Committee has been frustrated. A New York Times editorial states:

Mr. Roberts (chairman of the Senate panel) tried to kill the investigation entirely, and after the Democrats forced him to proceed, he set rules that seem a lot like the recipe for a whitewash.[147]

Supporters of impeachment argue that the administration knowingly distorted intelligence reports or ignored contrary information in constructing their case for the war.[148][149] The Downing Street memo and the Bush-Blair memo are used to substantiate that allegation.[150] Congressional Democrats sponsored both a request for documents and a resolution of inquiry.[151] A report by the Post on April 12, 2006, corroborates that view. It states that the Bush administration advocated that two small trailers which had been found in Iraq were "biological laboratories," despite the fact that U.S. intelligence officials possessed evidence to the contrary at that time.

"The three-page field report and a 122-page final report published three weeks later were stamped "secret" and shelved. Meanwhile, for nearly a year, administration and intelligence officials continued to publicly assert that the trailers were weapons factories."[152]

U.N. Charter

By Article VI of the Constitution, Senate-ratified treaties such as the U.N. Charter are "the supreme Law of the Land." John Conyers, Robert Parry and Marjorie Cohn– professor at Thomas Jefferson School of Law, executive vice president of the National Lawyers Guild, and the U.S. representative to the executive committee of the American Association of Jurists – assert that this was not a war in self-defense but a war of aggression contrary to the U.N. Charter (a crime against peace) and therefore a war crime.[118][141][130][153] Also, Kofi Annan called the war in Iraq a violation of the UN Charter and therefore "illegal." A war of aggression refers to any war not initiated out of self-defence or sanctioned by the UN. Such a violation of international law would constitute an impeachable offense according to Francis Boyle, John W. Dean, from FindLaw, Marcus Raskin and Joseph A. Vuckovich, from the Institute for Policy Studies.[141][154]

In response to this, the administration, and its supporters, claim that the firing on US and UK airplanes in the no-fly zones alone constitutes an Act of War.[citation needed]

Geneva Conventions controversy

Unlawful combatant status

Following the September 11, 2001 attacks, the Bush administration advocated that suspected Al Qaeda and Taliban members would be designated as "unlawful combatants". They suggested that, as such, they were not protected under the Geneva Conventions. To address the mandatory review by a "competent tribunal" as defined by article five of the Third Geneva Convention, Combatant Status Review Tribunals were established. The American Bar Association, Human Rights Watch, the Council on Foreign Relations and Joanne Mariner from FindLaw have dismissed the use of the unlawful combatant status as not compatible with U.S. and international law.[155] In Hamdan v. Rumsfeld, a majority of the U.S. Supreme Court held that Common Article 3 (CA3) of the Geneva Conventions applies to detainees in the Global War on Terror. Per the War Crimes Act of 1996, any US national who "commits a war crime [e.g., violates CA3] shall be fined ... or imprisoned ... , and if death results to the victim, shall also be subject to the penalty of death."

Congress passed the Military Commissions Act of 2006 to provide a legal framework for the designation of "unlawful combatants", their detention, and trial through military commission. This was described as unconstitutional by several Senators during the floor debates, so it has not changed the views of those advocating impeachment on these grounds.

Extraordinary rendition

The CIA has "rendered" suspected terrorists, such as Maher Arar, to other countries. Critics accuse them of doing this in order to avoid U.S. laws prescribing due process and prohibiting torture, calling this "torture by proxy" and "torture flights".[156] Then-U.S. Attorney GeneralAlberto Gonzales explicitly testified to Congress that the administration's position was to extradite detainees to other nations as long as it was not "more likely than not" that they would be tortured, although he later modified that statement.[157] However, the Convention against torture states:

No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

Commentators, including the United Nations and Louise Arbour, have stated that, under international law, rendition as practiced by the U.S. government is illegal.[118][158] Conyers has called for investigating whether these violations of international and US law constitute an impeachable offense,[118] whereas Boyle thinks it does, and included this in his Draft Impeachment Resolution.[141]

A report, on May 19 2006, by the UN Committee against Torture concluded that the US should not send suspects to countries where they face a risk of torture, since that would violate international law.[159]

Treatment of detainees

As part of the war on terror several memos[160] were written analyzing the legal position and possibilities in the treatment of prisoners. The memos, known today as the "torture memos," advocate enhanced interrogation techniques, but point out that refuting the Geneva Conventions would reduce the possibility of prosecution for war crimes.[161] In addition, a new definition of torture was issued. Most actions that fall under the international definition do not fall within this new definition advocated by the U.S.[162]

Several top military lawyers, including Alberto J. Mora, reported that policies allowing methods equivalent to torture were officially handed down from the highest levels of the administration, and led an effort within the Department of Defense to put a stop to those policies and instead mandate non-coercive interrogation standards.[163]

Notwithstanding the suggestion of official policy, the administration repeatedly assured critics that the publicised cases were incidents, and Bush later stated that:

"The United States of America does not torture. And that's important for people around the world to understand."[164]

The administration adopted the McCain Detainee Amendment to address incidents of detainee abuse. However, in his signing statement, Bush made clear that he reserved the right to waive this bill if he thought that was needed.[165]

Over the years numerous incidents have been made public and a UN report denounced the abuse of prisoners as tantamount to torture.[166] Conyers has advocated investigating these abuses to see if they violate the Geneva Conventions and are thus cause for impeachment, while Boyle, Holtzman and Veterans For Peace hold that violating these laws is grounds for impeachment.[118][141][129][130][167] An article in the Progressive supports the view that these alleged violations of US and international law could be an impeachable offense too.[130]

Several legal analysts — such as Holtzman, Marjorie Cohn, and Human Rights First — have advocated that writing the so-called "torture memos," not preventing or stopping the abuse could result in legal challenges involving war crimes[141] under the command responsibility.[118][168] This view was confirmed when the US Supreme Court ruled in Hamdan v. Rumsfeld that, contrary to what the Bush administration advocated, the Third Geneva Convention (regarding the treatment of prisoners) applies to all detainees in the war on terror and as such the Military Tribunals used to try suspects were violating the law. The Court reaffirmed that those involved in mistreatment of detainees violate US and international law.[169] Dave Lindorff contends that by ignoring the Geneva Conventions the Bush administration — including Bush himself, as Commander-in-Chief — is culpable for war crimes, and as such that constitutes an impeachable offense.[170]

On May 19, 2006, the UN Committee against Torture issued a report stating the U.S. should stop, what it concludes, is "ill-treatment" of detainees, since such treatment, according to the report, violates international law. It also calls for cessation of the US-termed "enhanced interrogation" techniques, as the UN sees these methods as a form of torture. The UN report also admonishes against secret prisons, the use of which, is considered to amount to torture as well and should be discontinued.[159]

Leaking of classified information

Possible involvement in the CIA leak

In his 2003 State of the Union Address, Bush cited British government sources in saying that Saddam Hussein was seeking uranium. He referred to what ultimately turned out to be falsified documents. After Ambassador Joseph Wilson wrote an OpEd article in the New York Times denouncing the yellowcake basis and other justifications for the 2003 Invasion of Iraq, the identity of his wife, Valerie Plame, as a CIA employee, and specifically as a covert agent, appeared in media reports for the first time. Wilson later made the allegation her identity was leaked as personal retaliation against him for his pointing out misrepresentations regarding the uranium claim.

An investigation into this by Patrick Fitzgerald led to an indictment of Lewis "Scooter" Libby on perjury charges and for obstructing the investigation into the release of Plame's covert status. Hence, nobody has been indicted for divulging the name of a covert agent. The actual first source of Plame's name to the media was Richard Armitage.[171]

At one point, Libby's indictment states:

"Prior to July 14 2003, Valerie Wilson’s affiliation with the CIA was not common knowledge outside the intelligence community."[172]

The litigation surrounding Libby has yielded court papers showing that Libby was authorized and instructed to disseminate formerly classified information by his superiors.[173] No court papers have alleged that Bush or Cheney authorized the release of Plame's name. On April 13 2006, Bloomberg.com reported Libby has testified that Bush and Cheney did not authorize the release of Plame's name.[174] Libby's position is that he did not leak Plame's name.

Libby was found guilty of perjury and obstruction of justice. A court filing by Fitzgerald during his sentencing hearing revealed that Plame was indeed a covert agent.[175]

Commuting Libby's sentence

Libby was sentenced to 30 months in prison and a fine of $250,000. While Libby's appeal in United States v. Libby was still pending, the presiding judge, Reggie Walton, denied his request for a stay and ordered Libby to begin his prison sentence.[176][177] Following that decision, Bush commuted Libby's sentence, eliminating the prison term while not changing the other parts and their conditions and stating that he believes the sentence too harsh given that "The reputation [Libby] gained through his years of public service and professional work in the legal community is forever damaged" and that "The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting."[178][179] Libby paid the required fine of "$250,400, which included a 'special assessment' of costs" that same day.[180] Just a few days later, however, Judge Walton questioned "whether ... [Libby] will face two years of probation, as [President Bush] said he would," because the supervised release time is conditioned on Libby's serving the prison sentence, and he "directed the special prosecutor, Patrick J. Fitzgerald, and ... [Libby's] lawyers to file arguments on the point....""[180]If Judge Walton does not impose any supervised release, it could undercut ... [Bush's] argument that ... Libby still faced stiff justice."[180]

Fitzgerald "took issue with Bush's description of the sentence as 'excessive,' saying it was 'imposed pursuant to the laws governing sentencings which occur every day throughout this country. ... It is fundamental to the rule of law that all citizens stand before the bar of justice as equals,' Fitzgerald said. 'That principle guided the judge during both the trial and the sentencing.'"[181] Commentator and sentencing expert Harlan J. Protass noted that in Rita v. United States,[182] the case of a defendant convicted of perjury in front of a grand jury which had been decided two weeks earlier by the U.S. Supreme Court, the U.S. government had successfully argued that sentences that fall within Federal Sentencing Guidelines are presumed to be "reasonable", regardless of individual circumstances.[183]

Conyers announced that there would be a formal Congressional investigation of Bush's commutation of Libby's sentence and other presidential reprieves.[184][185] And Rep. Robert Wexler stated:

I will file a Congressional resolution censuring President George W. Bush for his egregious and politically motivated commutation of Scooter Libby's prison sentence.[186]

In light of the unprecedented decision and suspicion of obstructing justice, to cover up prior or ongoing criminal activities, Rep. Jesse Jackson Jr., Marjorie Cohn, Elizabeth de la Vega, Dan Froomkin, and William Rivers Pitt have suggested this is an impeachable offense.[187][188][189][190][191][192] According to Froomkin the President is within his prerogative, but continued to cite a Judiciary Committee report, drafted in response to Watergate, to concur with Marjorie Cohn that when used in matters in which he himself may be involved impeachment is warranted:

"In the [Constitutional] convention George Mason argued that the President might use his pardoning power to 'pardon crimes which were advised by himself' or, before indictment or conviction, 'to stop inquiry and prevent detection.' James Madison responded:

"[I]f the President be connected, in any suspicious manner, with any person, and there be grounds [to] believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty. . . ."

"Madison went on to [say] contrary to his position in the Philadelphia convention, that the President could be suspended when suspected, and his powers would devolve on the Vice President, who could likewise be suspended until impeached and convicted, if he were also suspected."[187][189]

Controversial declassification

On April 6, 2006, court papers were filed in the CIA leak grand jury investigation, stating that Libby had testified that Bush authorized the disclosure of select portions of the then classified National Intelligence Estimate (NIE) on Iraq.[148][193] The position of the Bush administration is that a Presidentially authorized release of material is not a "leak" in the sense that Presidents are authorized to de-classify material and the release of de-classified material is not leaking.[148][194] Some argue that this contradicts previous statements by Bush in which he made clear that leaking information is unacceptable.[148][195] According to the court filings by Fitzgerald:

“Defendant (Libby) testified that this July 8 meeting was the only time he recalled in his government experience when he disclosed a document to a reporter that was effectively declassified by virtue of the President’s authorization that it be declassified.”[196]

Elizabeth de la Vega, Ray McGovern and Greg Mitchell have criticized the Bush administration's asserted motivation that this declassification was needed to counter misinformation spread by opponents of the administration's casus belli; they assert that only an obscure part of the NIE, which supports the administration's claims, has been released, while the rest of the report, in which the CIA in 2002 allegedly dismissed that claim as unlikely, is still classified.[146][196][197] Critics — such as Dave Lindorff of Counterpunch and William Rivers Pitt of truthout.org — have called this an impeachable offense.[197][198]

Controversial dismissal of U.S. attorneys

In March 2007 it became known that eight United States Attorneys were dismissed. The Bush administration has issued changing and contradictory statements about the timeline of the planning of the firings, persons who ordered the firings, and reasons for the firings.[199][200][201][202] Congressmen investigating these dismissals stated that sworn testimony from Department of Justice officials contradicts internal Department memos and e-mails.[203]

Because of that, and the uncommon nature of these firings,[204] critics suggest ulterior motives. Among them, Elizabeth Holtzman and Cynthia L. Cooper wrote that: "we may be witnessing criminal acts of obstruction of justice at the highest levels of government."[205] They allege that the attorneys were fired as retribution for prosecuting Republicans,[205] or for failing to prosecute enough Democrats.[206] for non-existent voter-fraud.[207] The New York Times printed the following response:

"Last week, we learned that the administration edited a government-ordered report on voter fraud to support its fantasy. The original version concluded that among experts "there is widespread but not unanimous agreement that there is little polling place fraud." But the publicly released version said, "There is a great deal of debate on the pervasiveness of fraud." It's hard to see that as anything but a deliberate effort to mislead the public."[208]

The article suggests that emphasising voter-fraud facilitates regulations, such as voter ID laws, discriminates against the "poor, the elderly, minorities and other disenfranchised groups that tend to support Democrats." Greg Gordon for McClatchy Newspapers concurs, commenting that it might be part of a scheme "to restrict voter turnout in key battleground states in ways that favor Republican political candidates."[209] The same is implied by Greg Palast in In These Times, where he reports that Timothy Griffin, Arkansas’ new attorney general, was involved in suppressing minority voters.[210]

The investigation has drawn attention to the prosecution and subsequent conviction, during an election season, of Georgia Thompson for corruption, which the United States Court of Appeals for the Seventh Circuit immediately reversed because the prosecution's evidence was "beyond thin."[211] Congresswoman Tammy Baldwin of Madison[212] and the Senate Judiciary Committee are investigating this case.[213][214]

Commentators have further observed the possible connection with the Jack Abramoff Guam investigation, which was discontinued after the chief prosecutor for Guam, and the instigator of the indictment, Frederick A. Black, was unexpectedly demoted and removed from office.[205][215]

Schumer, other Democrats, Holtzman, Cooper, and Laurie Levenson — a Loyola Law School professor and former federal prosecutor — compared the firings to the Saturday Night Massacre, in which the Nixon administration fired Archibald Cox while he was investigating the alleged misconduct by the White House in the Watergate scandal.[216][205][217][218]

For the involvement in these alleged wrongdoings[219] and the subsequent cover-up Marjorie Cohn, Elizabeth Holtzman, Cynthia L. Cooper, and Thom Hartmann have suggested that impeachment proceedings are warranted.[205][220]

Hurricane Katrina

The Bush administration's response to Hurricane Katrina[221] has been used by Ramsey Clark, Francis Boyle, PopMatters, Green Party of Humboldt County and the Sunday Independent to suggest failure by the administration to adequately provide for the need of its citizens. And as such they hold that the allegations of incompetence amount to an impeachable offense.[141][222]

The administration contends that the principal responsibility lies with the local authorities.[223] In a September 28, 2005 article in the Washington Times, then-FEMA head Michael Brown said accusations of inadequate handling of the disaster should be addressed to Louisiana Governor Kathleen Babineaux Blanco.[224]

Executive powers

Bush has asserted broad executive powers, attributing them to his position as Commander-in-Chief and to the war on terror. These have been used to justify policies connected with the war in Iraq. Constitutional law expert Glenn Greenwald attributes Bush's interpretation of the authority of the president to a series of legal memos by John Yoo, identifies this expansive interpretation as the common thread shared by the other Bush controversies, and indicates that this interpretation is based on combining the powers of all three branches of government in the single person of the President, and is therefore the diametric opposite of the text and the Founding Fathers' intended meaning of the Constitution.[225]

Holtzman, Dean, De la Vega, AlterNet, the St. Petersburg Times and the Santiago Times have claimed that Bush has exceeded constitutional or other legal limitations on such war powers.[118][226] In the Draft Impeachment Resolution, Boyle advocates that this is an impeachable offense.[141] John Nichols of The Nation has argued that "if Bush and Cheney are not held accountable, this administration will hand off to its successors a toolbox of powers greater than any executive has ever held -- more authority, concentrated in fewer hands, than the Founders could have conceived or would have allowed."[227]

Criticism of the impeachment movement

Conservative columnist Byron York of The National Review has suggested that proponents of impeachment are almost entirely "left-wing bloggers", that Conyers had "already decided the conclusions he will reach" before the Judiciary Committee's investigation had even started, and that "interpretive structure of the [Conyers] report" indicates that it "is not the product of a real investigation."[228]

In response to a headline "Impeach or else...", liberal journalist Michael Tomasky replied with a headline calling impeachment The Dumbest Move the Dems Could Make. In his article, Tomasky claimed that while liberals agree there is a substantial legal case for impeachment, the proceedings would be a politically unwise course of action, because it would: "convert Bush from the figure of contempt and mockery he is now into one of vague sympathy", "...alienate nonideological voters and, therefore, harm the Democrats' otherwise excellent chances for winning congressional seats and the White House in 2008", and thus harm "liberalism and the country".[229]

See also

References

  1. ^ http://www.pollingreport.com/bush.htm
  2. ^ Democrats Won't Try to Impeach President by Charles Babington, Washington Post, 12 May 2006
  3. ^ Pelosi Says Democrats Are Ready to Lead by NANCY ZUCKERBROD, Associated Press, 8 November 2006
  4. ^ Why Pelosi Opposes Impeachment, The Nation, 31 July 2007.
  5. ^ Launch drive to impeach Bush, activists urge By PAUL KORING, Globeandmail.com, June 17 2005
  6. ^ http://www.house.gov/judiciary_democrats/iraqrept.html
  7. ^ H.RES.635 - Creating a select committee to investigate the Administration's intent to go to war before congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing torture, retaliating against critics, and to make recommendations regarding grounds for possible impeachment Sponsor: Rep Conyers, John, Jr. (introduced December 18 2005)
  8. ^ No Rush to Impeachment By John Conyers Jr., Washington Post, May 18 2006
  9. ^ Press Release of Senator Boxer "Boxer Asks Presidential Scholars About Former White House Counsel's Statement that Bush Admitted to an 'Impeachable Offense'", December 19 2005
  10. ^ article "Congressman calls for Bush impeachment." The Associated Press
  11. ^ Rep. Lewis press release "Rep. John Lewis Says No Justification for NSA Spying on American Citizens," December 19 2005
  12. ^ article "Call is out to impeach Bush, Dems are urged at unofficial hearing," Detroit Free Press, January 21 2006
  13. ^ Conrad Wilson (2006-12-08). "The Insurgent". {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  14. ^ Tim Pugmire (2006-08-09). "Ellison compares Bush to Nixon". Minnesota Public Radio. {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  15. ^ a b c Rob Hotakainen (2007-01-25). "Will Ellison pursue impeachment? Not for now, he says". Star Tribune. {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  16. ^ Mikael Rudolph (April 23, 2007). ""Impeachment Should Be on the Table": Rep. Keith Ellison (D-MN)".
  17. ^ Evans, Ben (2006-12-08). "McKinney Introduces Bill to Impeach Bush". Associated Press (via breitbart.com). {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help); Italic or bold markup not allowed in: |publisher= (help)
  18. ^ clip of Rep. Conyers on This Week with George Stephanopoulos, YouTube
  19. ^ http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/11/01/wufo101.xml
  20. ^ http://www.cbsnews.com/stories/2007/11/01/politics/main3440466.shtml
  21. ^ http://www.esquire.com/features/chuckhagel0407
  22. ^ Kevin Mooney (February 8, 2007). ""GOP Lawmaker Warns of Impeachment in Border Agent Case": Rep. Dana Rohrabacher (R-CA)".
  23. ^ http://impeachpac.org/node/1482/print
  24. ^ http://impeachpac.org/resolutions-list
  25. ^ [1] Vermont Senate: Impeach the president by ROSS SNEYD, Associated Press, 20 April 2007
  26. ^ [2] Vermont Senate approves impeachment resolution by Nancy Remsen, Burlington Free Press, 20 April 2007
  27. ^ [3] House likely to take up presidential impeachment resolution by Ross Sneyd, Burlington Free Press, 25 April 2007
  28. ^ [4] House Rejects Impeachment Resolution by Nancy Remsen, Burlington Free Press, 26 April 2007
  29. ^ Synopsis As Introduced found on the bill status page for HJR0125 at the Illinois General Assembly website.
  30. ^ California Becomes Second State to Introduce Bush Impeachment by David Swanson, OpEdNews.com, April 24 2006
  31. ^ "Proposition J". League of Women Voters of California Education Fund. 2006-11-17. Retrieved 2006-11-17. {{cite web}}: Check date values in: |date= (help)
  32. ^ "Election Results". Alameda County Registrar of Voters. 2006-11-17. Retrieved 2006-11-17. {{cite web}}: Check date values in: |date= (help)
  33. ^ Knight, Heather (2006-11-08). "Civic issues from sick leave to taxes". San Francisco Chronicle. Retrieved 2006-11-17. {{cite news}}: Check date values in: |date= (help)
  34. ^ "Measure H". City Clerk, City of Berkeley. Retrieved 2006-11-17.
  35. ^ "Eighty-Fourth Session – 2006 One Hundred First Day" (PDF). Record of the Minnesota House of Representatives. May 4 2006. p. page 24. {{cite web}}: |page= has extra text (help); Check date values in: |date= (help) Retrieved January 27 2007
  36. ^ [? "H.R. No. 24, as introduced: 84th Legislative Session (2005-2006)"]. Minnesota House of Representatives. May 4 2006. {{cite web}}: Check |url= value (help); Check date values in: |date= (help)
  37. ^ a b Deborah Baker (2004-01-25). "Lawmakers call for Bush impeachment, NM". Associated Press. {{cite news}}: Check date values in: |date= (help) Retrieved on January 27 2007
  38. ^ a b c Steve Terrell (2007-01-24). "2007 legislature: Impeachment bill faces early hurdles". The New Mexican. {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  39. ^ "Pres Impeachment Intro'd In New Mex". FreeMarketNews.com. 2007-01-23. {{cite web}}: Check date values in: |date= (help) Retrieved January 27 2007
  40. ^ Message to Congress: ‘Investigate this president’, Senator Oemig's website.
  41. ^ "Send Bush packing, says Rocky", The Salt Lake Tribune, March 3, 2007.
  42. ^ Jeff Jones (2006-03-21). "N.M. Dems Call For Bush's Exit". {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  43. ^ "Vermont towns seek to impeach Bush", by Jason Szep, ABC News, 7 March 2007.
  44. ^ Vermont: 36 towns call for impeachment probe of president, by Shay Totten & Christian Avard Vermont Guardian, March 6, 2007.
  45. ^ Why Not Gaye?, Brattleboro Reformer March 28.
  46. ^ http://www.latimes.com/news/printedition/california/la-me-impeach22jul22,1,809774.story?coll=la-headlines-pe-california
  47. ^ http://impeachpac.org/resolutions-list
  48. ^ Impeachment hearings: The White House prepares for the worst Insight on the News, January 23-29, 2006
  49. ^ About Ipsos in North America
  50. ^ Poll: Americans Favor Bush's Impeachment If He Lied about Iraq October 11 2005
  51. ^ Washington Post-ABC News Poll October 30-November 2, 2005
  52. ^ 32% Favor Bush Impeachment Rasmussen Reports
  53. ^ http://www.rawstory.com/news/2006/Poll_Americans_slightly_favor_plan_to_0316.html
  54. ^ The Washington Monthly[5]
  55. ^ CNN poll, 8 September 2006
  56. ^ "Poll: Americans remain opposed to Clinton impeachment". CNN. 1998. Retrieved 2007-06-27.
  57. ^ "Are the Faithful Losing Faith?" By Marcus Mabry, Newsweek, October 21 2006
  58. ^ http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/15689
  59. ^ http://www.humanevents.com/article.php?id=20610
  60. ^ http://www.breitbart.com/article.php?id=070706195925.rdm9h3ci&show_article=1
  61. ^ http://www.pollingreport.com/bush.htm
  62. ^ http://www.mediaresearch.org/cyberalerts/2005/cyb20051107.asp
  63. ^ [6][dead link]
  64. ^ [7]
  65. ^ http://www.worldcantwait.net/index.php?option=com_content&task=blogcategory&id=2&Itemid=3
  66. ^ http://www.latimes.com/news/local/la-110205closures_lat,0,7371129.htmlstory?coll=la-tot-promo&track=morenews
  67. ^ http://www.cbsnews.com/stories/2005/11/02/national/main1005030.shtml
  68. ^ http://today.reuters.com/news/newsArticle.aspx?type=domesticNews&storyID=2005-11-03T010848Z_01_FOR303885_RTRUKOC_0_US-BUSH-PROTESTS.xml&archived=False
  69. ^ http://www.sfgate.com/cgi-bin/article.cgi?file=/baycitynews/archive/2005/11/02/protest02.DTL
  70. ^ http://www.a28.org/
  71. ^ http://www.bcimpeach.com www.BCIMPEACH.com
  72. ^ http://www.latimes.com/news/printedition/california/la-me-impeach22jul22,1,809774.story?coll=la-headlines-pe-california
  73. ^ http://www.afterdowningstreet.org/?q=node/5950
  74. ^ http://www.constitutionsummer.org/
  75. ^ Search on "memorial" in the "Provisions for impeachment" in the House Rules and Manual (109th Congress)
  76. ^ See "Petitions, memorials, and private bills" in the House Rules and Manual (109th Congress)
  77. ^ history of Peck's impeachment initiation and results, as well as the text of the memorial submitted, available from the U.S. Government Printing Office
  78. ^ Peck precedent discussed in proceedings from the House recorded at Carnegie Mellon University's digital Universal Library
  79. ^ http://www.nlg.org/members/2003resolutions/Impeachment.pdf
  80. ^ http://www.bcimpeach.com
  81. ^ Green Party resolution, 21 July 2003
  82. ^ article "Wisconsin Democratic Party calls for Impeachment of Bush, Cheney, & Rumsfeld"
  83. ^ Libertarian party call for impeachment, 9 July 2006
  84. ^ "Campaign Launched to Demand Resolution of Inquiry". May 26, 2005. Retrieved 2007-06-27.{{cite web}}: CS1 maint: year (link), original press release on the AfterDowningStreet campaign. See also Abid Aslam (July 22, 2005). "300 Events to Call for Bush's Impeachment over 'Downing Street' Allegations". OneWorld US. Retrieved 2007-06-27.{{cite web}}: CS1 maint: year (link).
  85. ^ [8]
  86. ^ [9]
  87. ^ [http://www.ufppc.org/content/view/2814/29/
  88. ^ March 29 2005: position statement "Veterans For Peace Call for Congressional Action to Remove George W. Bush from the Office of President of the United States"
  89. ^ Boston Globe article in the Boston Globe "Bar group will review Bush's legal challenges"
  90. ^ http://www.opednews.com/articles/genera_miriam_r_070504_group_places_impeach.htm
  91. ^ article on www.votenader.org
  92. ^ article in the Boston Globe, May 31 2005
  93. ^ http://www.impeachbushbook.com
  94. ^ http://www.thenation.com/doc/20060130/holtzman
  95. ^ http://www.humanevents.com/article.php?id=8749
  96. ^ http://www.informationclearinghouse.info/article9546.htm
  97. ^ http://www.lewrockwell.com/roberts/roberts116.html
  98. ^ http://www.globalresearch.ca/index.php?context=viewArticle&code=%20RO20070115&articleId=4456
  99. ^ http://www.j-bradford-delong.net/movable_type/2004_archives/000963.html
  100. ^ http://www.antiwar.com/mcgovern/?articleid=11229
  101. ^ http://www.post-gazette.com/pg/06091/678696-84.stm
  102. ^ http://writ.news.findlaw.com/dean/20030606.html
  103. ^ http://www.dailykos.com/story/2005/12/18/21310/392
  104. ^ http://www.counterpunch.org/boyle01172003.html
  105. ^ http://www.wamu.org/programs/dr/05/12/19.php
  106. ^ http://slate.com/id/2169292/
  107. ^ http://www.salon.com/news/feature/2005/12/22/impeach/index.html
  108. ^ http://www.thenewamerican.com/artman/publish/article_2932.shtml
  109. ^ http://www.salon.com/opinion/feature/2006/03/01/keillor/index.html
  110. ^ http://www.workingforchange.com/article.cfm?ItemID=14873
  111. ^ http://www.workingforchange.com/article.cfm?ItemID=15300
  112. ^ http://www.workingforchange.com/article.cfm?ItemID=15346
  113. ^ http://www.workingforchange.com/article.cfm?ItemID=16045
  114. ^ http://www.washingtonpost.com/wp-dyn/articles/A3933-2004Oct27.html
  115. ^ http://www.larouchepac.com/news/2007/07/13/hillary-clinton-demand-immediate-cheney-impeachment-could-en.html
  116. ^ http://www.cnn.com/2007/POLITICS/07/23/sheehan.impeachment.ap/
  117. ^ http://www.reuters.com/article/newsOne/idUSN2337983820070723
  118. ^ a b c d e f g The Constitution in Crisis; The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War Investigative Status Report of the House Judiciary Committee Democratic Staff
  119. ^ Arguments in general.
  120. ^ Impeaching George W. Bush By Onnesha Roychoudhuri, AlterNet, March 6 2006.
  121. ^ Fourth Amendment
  122. ^ Wiretapping possibly illegal
  123. ^ LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT U.S. Department of Justice, January 19 2006
  124. ^ Congressional Research Service
  125. ^ American Bar Association
  126. ^ Legal Rationale for Spy Program Questioned By PETE YOST
  127. ^ Former FISA judges
  128. ^ No official inquiry into wiretapping
  129. ^ a b The Impeachment of George W. Bush by Elizabeth Holtzman, The Nation, January 11 2006
  130. ^ a b c d Grounds for Impeachment by Matthew Rothschild, The Progressive,March 8 2006
  131. ^ Wiretapping probably impeachable offense
  132. ^ http://www.aclu.org/safefree/nsaspying/26489prs20060817.html
  133. ^ http://www.aclu.org/images/nsaspying/asset_upload_file689_26477.pdf
  134. ^ http://www.aclu.org/safefree/nsaspying/26802prs20060920.html
  135. ^ http://www.aclu.org/safefree/nsaspying/26802prs20060920.html
  136. ^ No evaluation allowed
  137. ^ John Doe I v. President Bush
  138. ^ Suit challenges Bush war authority CNN
  139. ^ Judge Dismisses HLS Alum’s Suit Against Bush By Kate A. Tiskus, The Harvard Crimson, February 25 2003
  140. ^ Opionion of First Circuit Court of Appeal in DOE v. Bush
  141. ^ a b c d e f g h Draft Impeachment Resolution Against President George W. Bush, 108nd Congress H.Res.XX, by Francis A. Boyle, professor of law, University of Illinois School of Law, January 17 2003
  142. ^ Bush administration has used 27 rationales for war in Iraq, study says by Andrea Lynn, the News Bureau of the University of Illinois at Urbana-Champaign
  143. ^ Weapons of Mass Destruction
  144. ^ Link with Al Qaeda
  145. ^ Hussein's Prewar Ties To Al-Qaeda Discounted - Pentagon Report Says Contacts Were Limited By R. Jeffrey Smith, W@ashington Post, April 6, 2007
  146. ^ a b Blowing Cheney's Cover Ray McGovern, April 10 2006
  147. ^ The Intelligence Business editorial, The New York Times, May 7 2006
  148. ^ a b c d Selectively disseminating information
  149. ^ Misrepresenting the facts surrounding Iraq
  150. ^ Downing Street memo
  151. ^ FOIA request
  152. ^ "Biological laboratories"
  153. ^ War of aggression
  154. ^ Iraq impeachable offense?
  155. ^ Violating International Law
  156. ^ Torture by proxy
  157. ^ Gonzales Defends Transfer of Detainees By R. Jeffrey Smith, Washington Post, March 8 2005
  158. ^ Legal position of rendition
  159. ^ a b UN Committee against Torture report
  160. ^ The Interrogation Documents: Debating U.S. Policy and Methods the memos written as part of the war on terror
  161. ^ War crimes warning
  162. ^ US definition of torture
  163. ^ Torture as policy?
  164. ^ We don't torture
  165. ^ U.S. Cites Exception in Torture Ban McCain Law May Not Apply to Cuba Prison, By Josh White and Carol D. Leonnig, Washington Post, March 3 2006
  166. ^ UN calls for Guantanamo closure BBC, Read the full UN report into Guantanamo Bay, February 16 2006
  167. ^ Impeachment for violating the Geneva Conventions
  168. ^ Accountability
  169. ^ A Supreme Rebuke Bush Loses Guantanamo Case Marjorie Cohn -professor at Thomas Jefferson School of Law, president-elect of the National Lawyers Guild, and the US representative to the executive committee of the American Association of Jurists- CounterPunch, June 30 2006
  170. ^ The Real Meaning of the Hamdan Ruling Supreme Court: Bush Administration Has Committed War Crimes By Dave Lindorff, CounterPunch, July 3 2006
  171. ^ End of an Affair
  172. ^ Plame's identity not known
  173. ^ Libby: 'Superiors' Approved Leak CBS/AP, 9 February 2006
  174. ^ Libby Says Bush, Cheney Didn't Authorize CIA Agent's Name Leak by Bloomberg, April 13 2006.
  175. ^ Valerie Plame was covert
  176. ^ Neil A. Lewis and David Stout, "Judge Won't Delay Libby Prison Term", The New York Times, 14 June, 2007, accessed 16 June, 2007.
  177. ^ "Judge Orders Libby Jailed during Appeal", CNN News, 14 June, 2007, accessed 14 June, 2007.
  178. ^ Edwin Chen, "Bush Commutes Libby's Prison Term in CIA Leak Case (Update 2)", Bloomberg.com, 2 July, 2007, accessed 2 July, 2007.
  179. ^ George W. Bush, "Grant of Executive Clemency: A Proclamation by the President of the United States of America", The White House, 2 July, 2007, accessed 2 July, 2007.
  180. ^ a b c Neil Lewis and Jim Rutenberg, ""Libby Pays Fine; Judge Poses Probation Query", The New York Times, 6 July, 2007, accessed 6 July, 2007.
  181. ^ Qtd. by CNN, "Bush Commutes Libby's Prison Sentence", us.cnn.com, 2 July, 2007 (updated periodically), accessed 3 July, 2007.
  182. ^ Rita v. United States, online posting in Supreme Court Collection, Legal Resource Institute, Cornell University Law School, law.cornell.edu, accessed July 4 2007.
  183. ^ Harlan J. Protass, "The Quality of Mercy Is Strained: Bush Commutes Libby's Sentence, While His Lawyers Come Down Hard On Everyone Else", Slate, July 3 2007, accessed July 4 2007.
  184. ^ Anderson Cooper, "Breaking News", Anderson Cooper 360°, broadcast on CNN, 3 July, 2007, 10 p.m.-12 a.m. EDT, accessed July 3 2007; cf. "Political Bulletin: Bush Bashed Over Libby Commutation: Furious Democrats Will Hold Hearings", US News and World Reports, July 3 2007, accessed July 3 2007.
  185. ^ See also "President Commutes Libby's Sentence", Citizens for Responsibility and Ethics in Washington, July 3 2007, accessed July 4 2007.
  186. ^ Censuring the President by Robert Wexler, Huffington Post, July 6, 2007
  187. ^ a b The Opportunistic Commuter-in-Chief: The use and misuse of presidential clemency power by Marjorie Cohn, July 5, 2007
  188. ^ Bush's Real Fourth of July Message to Nation: Unprintable By Elizabeth de la Vega, t r u t h o u t, July 6, 2007
  189. ^ a b Obstruction of Justice, Continued By Dan Froomkin, Washington Post, July 3, 2007
  190. ^ Jackson: Bush Actions 'Crime Against Constitution' - Congressman Calls For Impeachment Proceedings After President Commutes Libby Sentence CBS, July 2, 2007
  191. ^ Jackson: Impeachment Is the Right Response by John Nichols, The Nation, July 3, 2007
  192. ^ Was Commuting Libby an Impeachable Offense? By William Rivers Pitt, t r u t h o u t, July 3, 2007
  193. ^ Bush authorized disclosure
  194. ^ Disclosure legal?
  195. ^ Questions regarding statements
  196. ^ a b Uncommon way of declassifying
  197. ^ a b Final Jeopardy By Elizabeth de la Vega, TomDispatch.com, April 9 2006
  198. ^ Lying impeachable
  199. ^ Sheryl Gay Stolberg (March 17, 2007). "With Shifting Explanations, White House Adds to Storm". New York Times. Retrieved 2007-03-17. {{cite news}}: Check date values in: |date= (help)
  200. ^ Associated Press (March 17, 2007). "Republican Support for Gonzales Erodes". New York Times. Retrieved 2007-03-17. {{cite news}}: Check date values in: |date= (help)
  201. ^ Dan Eggen (March 17, 2007). "Accounts of Prosecutors' Dismissals Keep Shifting". Washington Post. p. A01. Retrieved 2007-03-17. {{cite news}}: Check date values in: |date= (help)
  202. ^ Ron Hutcheson. "U.S. Attorneys: A look at what's behind the U.S. attorney flap". McClatchy Newspapers. Retrieved 2007-03-17.
  203. ^ Mike Allen (2007-03-20). "Dems' Strategy On Attorneys Takes Shape". CBS News. Retrieved 2007-03-20.
  204. ^ Dismissal attorneys uncommon
  205. ^ a b c d e Questions for Karl Rove – and President Bush By Elizabeth Holtzman and Cynthia L. Cooper, The San Diego Union-Tribune, March 29, 2007
  206. ^ Domenici Sought Iglesias Ouster By Mike Gallagher, Albuquerque Journal, April 15, 2007
  207. ^ The Fraudulence of Voter Fraud - The Bush administration purged U.S. attorneys for failing to prosecute crimes that didn’t occur By Joel Bleifuss, In These Times, April 18, 2007
  208. ^ The Fantasy Behind the Scandal The New York Times, April 2007
  209. ^ Campaign against alleged voter fraud fuels political tempest By Greg Gordon, McClatchy Newspapers, April 19, 2007
  210. ^ The Talented Mr. Griffin by Greg Palast, In These Times, April 16, 2007
  211. ^ Steven Walters and John Diedrich (April 5 2007). "Ex-state official freed: Judge calls evidence she steered travel contract 'beyond thin'". Milwaukee Journal Sentinel. Retrieved 2007-04-07. {{cite news}}: Check date values in: |date= (help)
  212. ^ Frederic J. Frommer (April 10 2007). "Baldwin: Was freed state worker a victim of politics?". Retrieved 2007-04-10. {{cite news}}: Check date values in: |date= (help)
  213. ^ Jenn Rourke (April 10 2007). "U.S. Senators Review Georgia Thompson Case". WTMJ-TV. Retrieved 2007-04-10. {{cite news}}: Check date values in: |date= (help)
  214. ^ Adam Cohen (April 16 2007). "A Woman Wrongly Convicted and a U.S. Attorney Who Kept His Job". The New York Times. Retrieved 2007-04-16. {{cite news}}: Check date values in: |date= (help)
  215. ^ Guam
  216. ^ Prosecutor fired so ex-Rove aide could get his job By Kevin Johnson, USA TODAY, June 2 , 2007
  217. ^ Deconstructing the Dispute over the Politicization of U.S. Attorney Firings: The News Stories, the Testimony, and What Should Happen Next By CARL TOBIAS, FindLaw, March 12, 2007
  218. ^ Firings raise concern over Justice Dept. and politics - Gonzales admits mistakes were made, but he stands by dismissal of federal prosecutors by Bob Egelko, San Francisco Chronicle, March 14, 2007
  219. ^ Bush, Gonzales Reportedly Discussed Fired Prosecutor By Margaret Talev, McClatchy Newspapers, April 17, 2007
  220. ^ Attorneygate
  221. ^ Most Katrina Aid From Overseas Went Unclaimed By John Solomon and Spencer S. Hsu, Washington Post, April 29, 2007
  222. ^ Hurricane Katrina
  223. ^ Responsibility Katrina
  224. ^ Brown blames Gov. Blanco By Stephen Dinan, The Washington Times, September 28 2005
  225. ^ Glenn Greenwald, How Would a Patriot Act? Defending American Values from a President Run Amok, Working Assets Publishing, 2006, ISBN 0-9779440-0-X
  226. ^ Abuse of Power
  227. ^ http://seattlepi.nwsource.com/opinion/325316_impeach29.html
  228. ^ The Democrats’ Impeachment Road Map by Bryon York. National Review, August 7, 2006.
  229. ^ Washington Post, Outlook, August 5, 2007, p2. "The Dumbest Move the Dems Could Make", Michael Tomasky

Further reading