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Does the Constitution Require the Impeachment of Bush and Cheney?

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Wouldn't impeachment split the Democrats?  That's a question that some find important.

Impeachment is splitting Democrats now, but wouldn't if they united behind it. At least 80 percent of Democrats outside Capitol Hill want impeachment. If 80 percent of Democratic elected representatives were pushing for impeachment, the Bush presidency would be over quite quickly. The Democrats in Congress tried to avoid the topic of the war, for fear it would split them. Iraq went unmentioned in Pelosi's plan for her first 100 hours. But the majority of the country wants to see the issues it cares about dealt with, and there are some Democrats who will stand with the people. The Democratic Party could unite by supporting peace and impeachment.

Why not do investigations and see where they lead?

They have led to the Bush administration refusing to comply with a growing list of subpoenas: http://democrats.com/subpoenas . The House Judiciary Committee passed three articles of impeachment against Nixon. Article 3 was for refusal to comply with subpoenas.

And they've led to Bush ordering a former staffer not to comply with subpoenas, and to Bush announcing that the Justice Department will not enforce congressional contempt citations. Where do you go from there, other than impeachment?

Impeachment is an investigation, leading to an indictment. A preliminary investigation is not possible when subpoenas are ignored, and is not needed when indisputable evidence is already public knowledge.

Isn't impeachment an extreme remedy? Doesn't there have to be an actual crime committed? Doesn't there have to be perjury?

There's nothing extreme about it. One of the better lists of the specific criminal violations is found in Congressman John Conyers' report:
This report is also a book.  Yes, the chairman of the House Judiciary Committee is selling books on Bush and Cheney's impeachable offenses while refusing to impeach them.

Impeachment is the penalty for treason, bribery, or other high crimes and misdemeanors. The Constitution says nothing about perjury as a ground for impeachment. And it is a crime to mislead or to defraud Congress, whether or not you do so under oath.

When Diane Sawyer asked Bush on television why he had made the claims he had about Iraq's supposed weapons of mass destruction, he replied:

"What's the difference? The possibility that [Saddam] could acquire weapons, if he were to acquire weapons, he would be the danger."

What's the difference? The difference is that had the President merely said that Saddam Hussein could conceivably acquire weapons someday, many people would have opposed his war who supported it. They supported it because Bush said that Saddam had nuclear, chemical, and biological weapons and was behind the attacks of 9-11. Bush and his subordinates (for whom he is legally responsible) made these claims in the clearest language. In every such case, fraud was committed. And instances of implying and omitting are legally fraud as much as lying is.

When Bush lies, he is well aware of what he is doing. The day after the 2004 elections, he told reporters that he had lied to them about keeping Rumsfeld on as Secretary of Defense so that they wouldn't write anything about it.

It is illegal to spy in violation of the Foreign Intelligence Surveillance Act. It is illegal to detain without charge and to torture. It is illegal to take funds from other projects to begin a war before it has been authorized. It is illegal to target civilians and hospitals and journalists, and to use white phosphorous and napalm as weapons. It is a fundamental violation of the U.S. Constitution to alter laws with signing statements. Congressman John Conyers' report lists numerous other laws violated by Bush.

Isn't impeachment divisive and unpleasant and traumatic and catastrophic and unsettling and partisan?

No. Impeachment is a remedy for trauma, and one that the majority of Americans long for. Here are the polls:

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David Swanson is the author of "When the World Outlawed War," "War Is A Lie" and "Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union." He blogs at http://davidswanson.org and http://warisacrime.org and works for the online (more...)
 
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