OpEdNews - Diary: The Impeachment of Attorney General Alberto Gonzales

Robert Kuttner, co-editor of The American Prospect, a fellow at Demos and Boston Globe columnist, writes in his Globe column this week, "The House of Representatives should begin impeachment proceedings against Attorney General Alberto Gonzales... The offenses of this Cabinet member criticized by both parties, and the stonewalling by the White House, have given ample justification for impeachment... The firings of US attorneys had multiple political motives, all contrary to longstanding practice... It's hard to imagine a more direct assault on the impartiality of the law or the professionalism of the criminal justice system... There are several other reasons to remove Gonzales, all involving his cavalier contempt for courts and liberties of citizens, most recently in the FBI's more than 3,000 cases of illegal snooping on Americans... It's time for an impeachment, not just to oust Gonzales, but as a salutary warning to his superiors.... "

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Robert Kuttner's Globe column

I fully agree, BUT if a two-thirds majority of the Senators present do not vote "Guilty" on one or more "articles of impeachment," Gonzales would be acquitted and no punishment is imposed. The impeachment procedure is in two steps: The House of Representatives must first pass "articles of impeachment" by a simple majority. Upon their passage by the House, the defendant has been "impeached." Next, the Senate tries the accused on the articles of impeachment. In the case of the impeachment of a President, the Chief Justice of the United States presides over the proceedings. Otherwise, Vice President Cheney, in his capacity as President of the Senate presides. In order to convict, a two-thirds majority of the Senators present must vote Guilty on one or more of the impeachment articles.

Assuming the House of Representatives did pass articles of impeachment, sixty-six Senators must then vote guilty; Discounting Senator Tim Johnson from South Dakota, that requires all Democrats, including Independants Connecticut Senator Joe Lieberman and Vermont Senator Bernie Sanders, plus sixteen Republican Senators to cast a guilty vote. (While Lieberman voted to convict Bill Clinton on articles of impeachment, I’m not sure he would vote to convict Gonzales.)

Three key Republican senators have sharply questioned Gonzales’ honesty over his firings of eight federal prosecutors, but would they cast a guilty vote? On the other hand several Republican Senators including Trent Lott of Mississippi and Orrin G. Hatch of Utah affirm their support for Gonzales with Hatch calling Gonzales "an honest man." No guilty votes there! Getting sixteen Republican Senators to vote guilty would require massive pressure from their home states.