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George W. Bush's Impeachable Offenses
by Ivan Eland
Several recent presidents could have been impeached for selected unconstitutional or illegal actions during their presidencies. But the sitting president, George W. Bush, may win the prize for committing the most impeachable offenses of any recent president.
Yet when one thinks of bad behavior leading down the road to possible impeachment, Bill Clinton and Richard Nixon come to mind first. Although Bill Clinton was impeached for having sex with an intern and then lying about it to a grand jury, a better case could have been made to impeach him for conducting an unconstitutional war over Kosovo without approval by Congress. The articles of Nixon’s impeachment centered on his use of illegal surveillance methods against political opponents and obstruction of justice and contempt of Congress in covering it up. His launching of an unconstitutional war in Cambodia without congressional approval was equally serious, but was left out of the articles. Curiously, Lyndon Johnson, Nixon’s predecessor, also used illegal surveillance activities against political rivals, but was not impeached.
Ronald Reagan, who is now a celebrated past president and icon of conservatives, justifiably feared impeachment for the Iran-Contra affair. He knowingly violated the Arms Export Control Act, a criminal statute, and sold arms to radical supporters of terrorists. His administration also unconstitutionally violated a congressional prohibition on providing money and support to the Nicaraguan Contra fighters. The Reagan administration’s violation of the Boland Amendment stuck a knife in the heart of the checks and balances system in the U.S. Constitution by circumventing Congress’s most important power—the appropriation of public monies.
George W. Bush is following in the footsteps of his predecessors, but may have left more tracks. For starters, invading another country on false pretenses is grounds for impeachment. Also, the Fourth Amendment to the U.S. Constitution essentially says that the people have the right to be secure against unreasonable government searches and seizures and that no search warrants shall be issued without probable cause that a crime has been committed. And the Foreign Intelligence Surveillance Act (FISA) requires that warrants for national security wiretaps be authorized by the secret FISA court. The law says that it is a crime for government officials to conduct electronic surveillance outside the exclusive purviews of that law or the criminal wiretap statute. President Bush’s authorization of the monitoring of Americans’ e-mails and phone calls by the National Security Agency (NSA) without even the minimal protection of FISA court warrants is clearly unconstitutional and illegal. Executive searches without judicial review violate the unique checks and balances that the nation’s founders created in the U.S. government and are a considerable threat to American liberty.
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Censure motion introduced in House over Iraq, torture
Larisa Alexandrovna
Ranking House Judiciary Democrat Rep. John Conyers (D-MI) has introduced a motion to censure President Bush and Vice President Cheney for providing misleading information to Congress in advance of the Iraq war, failing to respond to written questions and potential violations of international law, RAW STORY has learned.
The resolutions were quietly introduced Sunday evening along with a third resolution (HR 635) to create a Select Committee to investigate the administration’s intent to go to war prior to congressional authorization. The committee would also be charged with examining manipulation of pre-war intelligence, thwarting Congressional oversight and retaliatory attacks against critics. As part of this resolution, House Judiciary Democrats seek also to explore violations of international law as pertaining to detainee abuse and torture of prisoners of war.
RAW STORY acquired copies of the resolutions Tuesday. To view the resolution to create investigative body to determine if offenses are impeachable, click here; the resolution to censure President George W. Bush, click here; and the resolution to censure Vice President Dick Cheney,click here
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Portions of a statement/fact sheet he's released:
“The President's shocking admission that he authorized the National Security Agency to spy on American citizens, without going to a court and in violation of the Constitution and laws passed by Congress, further demonstrates the urgent need for these protections. The President believes that he has the power to override the laws that Congress has passed. This is not how our democratic system of government works. The President does not get to pick and choose which laws he wants to follow. He is a president, not a king.
“On behalf of all Americans who believe in our constitutional system of government, I call on this Administration to stop this program immediately and to fully cooperate with congressional inquiries and investigations. We have had enough of an Administration that puts itself above the law and the Constitution.”
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* FISA makes it a crime, punishable by up to five years in prison, to conduct electronic surveillance except as provided for by statute. The only defense is for law government agents engaged in official duties conducting “surveillance authorized by and conducted pursuant to a search warrant or court order.” [50 U.S.C. § 1809]
* Congress has specifically stated, in statute, that the criminal wiretap statute and FISA “shall be the exclusive means by which electronic surveillance . . . and the interception of domestic wire, oral, and electronic communications may be conducted.” [18 U.S.C. § 2518(f)]
* The target of a FISA wiretap is never given notice that he or she was subject to surveillance, unless the evidence obtained through the electronic surveillance is ultimately used against the target in a criminal trial.
The president is a criminal.
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Lewis Calls For Bush Impeachment
ATLANTA (AP) -- U.S. Representative John Lewis said in a radio interview on Monday that President Bush should be impeached if he broke the law in authorizing spying on Americans.
The Democratic congressman from Georgia told WAOK-AM that he would sign a bill of impeachment if one was drawn up and that the House of Representatives should consider such a move.
Lewis is among several Democrats who have voiced discontent with Sunday night's television speech, where Bush asked Americans to continue to support the Iraq War. Lewis is the first major House figure to suggest impeaching Bush.
Lewis said --quote-- "It's a very serious charge, but he violated the law.The president should abide by the law. He deliberately, systematically violated the law. He is not King, he is president."
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