Impeachment Pit
I take it as highly plausible, very close to a given, that the president and vice-president of the United States deserve impeachment. If ever a president and vice-president committed high crimes and misdemeanors, you would have to tally Bush and Cheney high on the list simply on the strength of what's already on the public record--and not simply when measured against the laughable standard set by the House against Bill Clinton in 1998.
Bush and Cheney are abusers of power whose heap of evident crimes rises to Nixonian and Agnewesque heights: the violation of treaties, the unlawful arrest and deep-sixing of American citizens, the authorization of warrantless wiretaps in violation of the extant FISA law. In the words of the very much retired Associate Justice Sandra Day O'Connor, "A state of war is not a blank check for the President when it comes to the rights of the nation's citizens." Even if there were a Congressionally sanctioned state of war.
On top of the evident crimes--high in constitutional import and the scale of their violation of essential republican principles--are the lies and suborning of lies, and the violations of the presidential and vice-presidential oaths in defense of the Constitution.
But impeachment is one those apparently golden ideas that tarnish in the bright light of day. Take consequences into account and you too will be concerned, like Michael Tomasky in yesterday's WP, lest an apparent short cut to justice turn into a dead end.
As Tomasky cogently put it:
Impeachment is not merely a bad idea, but the single worst course of action that Democrats could possibly undertake -- the only thing they could do that might, in one stroke, convert Bush from the figure of contempt and mockery he is now into one of vague sympathy. Just as bad, it's the one move that would definitively alienate nonideological voters and, therefore, harm the Democrats' otherwise excellent chances for winning congressional seats and the White House in 2008. And that's just what impeachment would do to the Democrats. Even worse is what it would do to liberalism and to the country.
I am not blind to the satisfactions of vengeance. For obvious reasons, Bush and Cheney deserve impeachment in inverse order. But these common-sensical words immediately suggest the problem: In the real world, no political move--however symbolically beautiful, however just in intent--is without cost.
As Tomasky wrote, the present Senate is not going to convict. So the victory of any hypothetical impeachment would be Pyrrhic at best.
Even to get to the brink of that hypothetical achievement, Democrats would have to let the rest of the country's business grind to a halt. The country would loathe them. Republicans, fumbling around today for lack of a raison d'etre, would have a bully cause--they'd be the victims again. Come November 2008, try telling the majority of Americans that hanging George Bush and Dick Cheney out to dry took precedence over Iraq, health, taxes, the economy, you name it.
In an ideal world. impeachement would be a stellar idea. Of course, in an ideal world, it wouldn't be necessary. Drop it.


Comments (233)
Ahh, yes, and the majority party, RepubliDinos, just affirmed the divine right of King George to allow the Court Jester, Alberto Gonzales, to do whatever he pleases with our civil rights and constitutional liberties be damned.
Under these conditions impeachment is merely a quaint artifact of our democratic past.
August 6, 2007 8:17 PM | Reply | Permalink
Todd, I think you're exactly right.
I want revenge, too. I'd love to see Bush and Cheney impeached. They deserve it and the Republicans deserve it.
But impeachment seeks to overturn election results and I can never get behind that. Also, it does martyr the impeached. And make no mistake, that will happen here. We impeach Bush now we'll be reading about "Democratic extremists" for years to come. Though, as I type that, I realize that we'll be called "extremists" for years to come anyway. So, I'll drop the martyr angle and just oppose impeachment on the first principle -- you don't use a criminal proceeding to overturn an election. That's just wrong.
thosethingswesay.blogspot.com
August 6, 2007 8:33 PM | Reply | Permalink
Let's see, when's the last time worrying about how they'd be perceived got Democrats in trouble? First they were afraid of being too soft on terror, now they're terrorized about being too hard on impeachment.
These guys need to stop trying to get elected by Republicans and get going on the stuff that we put them in office to do--they might find that their approval ratings would improve.
August 6, 2007 8:35 PM | Reply | Permalink
Of what good is a Constitution if the people sworn to uphold it do not? Fein is right: impeachment is not bad government - it's the remedy for bad government.
August 6, 2007 9:02 PM | Reply | Permalink
I wonder why impeachment is even in the Constitution. It can only be used, if we accept these arguments, when the party in power in the Congress has substantially more than 2/3 of the senators, or when a president's own party does the impeaching. I suppose we should also add, when the president is a Democrat.
By the way, impeachment is not a criminal proceeding, so that argument is not a good one. And, any impeachment, by definition, overturns the results of an election.
If we really believe these arguments we need to start a constitutional amendment to repeal impeachment as an option for Congress. When we refuse to use it, but leave it there, you can be sure the Republicans will use it again and again, with nary a worry about the side effects.
Hoppy in Sacramento
August 6, 2007 9:09 PM | Reply | Permalink
Aggrhhh! You list various reasons why Bush and Cheney should be impeached but then talk about "venegance" feeling good as if putting it on record that all those high crimes and misdeamnors against the state should be verboten is some sort of Dirty Harry move.
The citation to Bruce Fein -- the last person that word brings to mind -- is fitting in this respect. Toss in John Nichols. Neither is concerned primarily about "venegance" as if this is some childish move of pique. I second as well those who note we should just remove impeachment out of the C. if this is how we are going to act. If we are going to worry about "overturning an election." Clearly, impeachment -- except for election fraud (well...) -- is illegitimate!
The constitutional spirit that is req. for impeachment to work doesn't seem blatantly a threat to the Dems. Polls suggests the people are open to idea of it being "on the table." How about for Gonzo? At least the impeachment of Cheney was raised (in fact, Kucinch so moved), so we don't have the "Pres. Cheney" canard.
Likewise, impeachment does address various other issues. It is a clear message sent about what is illegitate in the war on terra (tm), e.g., torture and lying us into war. Likewise, I'd like some sign that w/o impeachment something serious would be done about that subject before worrying about Congress not being about to walk and chew gum at the same time.
Or, did Congress grind to a halt in 1973-74? I was pretty young at the time, but I sorta don't think it did. The move itself also helped the ball get to rolling. But, even w/o conviction, impeachment matters. In criminal trials, conviction isn't always possible, but the move is still made often enough.
And, Clinton's impeachment was a blow to the Dems too ... the failure of removal was really a Pyrhhic victory in the long run, since the people were so disgusted with the Rs, that they made it close enough to make Fl. and B v. G. matter.
This is not to say i. necessarily is sound here. It just means I wish the opposition had better reasoning.
August 6, 2007 9:37 PM | Reply | Permalink
~
Ah yes ... the last bunch of yo-yo's I'm worrying about are those poor RINO's who'll play the victim card. Whether one agrees or not, there's plenty of old school Republicans who'd love nothing better that to watch these usurpers of the OUR Constitution hang by their collective thumbs. And ...
Memo to the weak-kneed quasi-liberals: Remember the body of the Democratic Party is growing more liberal.
~OGD~
August 6, 2007 9:47 PM | Reply | Permalink
~
Nope ... and that's exactly why I'm still a very, very active CITIZEN. The Congress was not only able to chew gum and walk, but they could walk up a flight of stairs at the same time in those days. Of course they weren't quite as busy back then as the present representatives, wining and dining the big bucks crowd for re-election donations.
~OGD~
(DOB: 09/04/46)
August 6, 2007 10:01 PM | Reply | Permalink
Todd,
I'm sick to death about hearing the bullshit argument about how if dems do the right thing some how this will be to the republicans advantage.
In case you haven't been paying attention no matter what the dems do, or how badly the republicans fuck up, the media always plays it as if it's the republican advantage. Media Matters and Atrios have been pointing this out for almost half a decade now, and then before that there was Bob Sommersby over at the Daily Howler.
Your argument is plain and simple bullshit. I don't give a shit if the Senate doesn't have the votes. The smart move is to come out against the over reach loud and proud, and make them weasel to defend themselves. Nobody like a weasel. It's why Romney is unelectable. Dems are popular when they are on the attack. Not doing avoiding doing what we elected them for.
The "energize the base" argument is bullshit. If Rove or anybody else could energize the base at this point they'd already be doing it. The republican base is exhausted. It was obvious years ago when the freepers and Rumsfeld held their pro-war march and no one showed up.
If at this point you are agreeing to support the President's agenda you are a lost cause. You're either a moron or you are involved in the lobbies who have been advancing his agenda. It's a given the press and the people on TV are going to take anything and everything they can get to make dems look bad. So therefore the only real option we have is to do the right thing.
The real question is why can't them Dem leadership own up to the real reasons they won't do it, and it has more to do with lobbying interests than anything else.
The fact that you are keying in on "revenge" as the motivation rather than, salvation, which is what we're all screaming for out here, speaks volumes.
Do you think the people that work for W and Cheney just fade into the woodwork after 2008, assuming a dem wins. Hell no! They plan and conspire in dark corners as they did when Clinton was in power and come back with a vengeance. By not standing up now, what you are really doing is opening the door for far far worse things from these people down the line.
You really think that W and Cheney people become less powerful out of office if they get out unbloodied? It's not about 2008. It's about keeping this country viable.
Wake the fuck up man.
Glenn Greenwald tonight has much to say about Dems needing to grow a pair.
http://www.salon.com/opinion/greenwald/2007/08/06/rove/index.html
August 6, 2007 10:24 PM | Reply | Permalink
Impeachment was included in the Constitution by people who were afraid of an executive with too much power. They had faith that the leaders of the people would not become so debased that they would put the interests of a political party above the interests of the people in arresting the power of a corrupt executive.
Also remember that the executive was not directly elected in the original Constitution, but selected by representatives of the various states' governors, in consultation with the states' representatives. The executive served Congress, and they could depose him if necessary. The entire structure of the Constitution was crafted to concentrate power in the States and in the representatives of the people closest to the people, and away from the executive.
The framers believed that Senators would be persons of great wisdom, statesmen who believed in the ultimate purpose of the Constitution to prevent dictatorship. The House would be the body most rapidly influenced by the changing interests of the people, with Representatives serving terms of only two years. When the mood of the people changed, the House would be where that change would first be expressed. The Senators were given six-year terms and power to temper the passions of the people, but the guiding principles of the Senate's power would be the Constitution and the interests of their states.
Now we are represented by people like my House member, Heather Wilson of New Mexico, and my Senator, Pete Domenici. Papa Pete chose to use his influence as a Senator to sway the direction of federal investigations into bribery (by the way, a deserving and appropriate cause given the corruption endemic to NM's construction industry), but he did so in a way that was part of a larger, politically-motivated scheme decidely NOT in the interests of his constituents.
Wilson is a former USAF officer who has twice sworn to protect and defend the Constitution of the United States, apparently without comprehending the full ramifications of her oaths. As the people of her district clamor for an end to the mess her party has created, she continues to toe the party line. As the people in her district call for investigation into the claimed justifications for war, she backs legislation to eliminate token judicial oversight from an already disregarded surveillance program, in direct violation of the Bill of Rights.
As do the Democrats.
As long as the leadership of the Democratic Party is more concerned with maintaining a tenuous grasp on the reins of Congress, rather than with reining in an executive bent on total control of the government, with a rubber-stamp Congress and an "anti-activist" SCOTUS to cover their tracks, they frankly don't deserve to have that power any more than the Republicans.
So yes, impeachment is a tool of limited utility, because it only has power in the hands of people who truly believe in the system of government they have sworn to uphold.
Unfortunately those people are sadly lacking today.
August 6, 2007 10:30 PM | Reply | Permalink
I certainly understand your position - it was where I was until rather recently.
However, the more I have thought about it and observed the behavior of the Administration, the more I am convinced that must pursue it. I understand that we most certainly will lose (and might suffer some short-term partisan loss), but silence is assent - this behavior, this outrageous charade of an Administration cannot be allowed to pass without being challenged, and challenged within the tools of law at our disposal, flawed and weak though they may be. Otherwise we have tacitly lowered the bar on acceptable behavior for the executive, to our long-lived detriment.
John Rogers got it exactly right in his L33T Justice post at Kung Fu Monkey:
August 6, 2007 11:57 PM | Reply | Permalink
Martyr the impeached? Like Nixon you mean?
The line about "overturning the election results" is a load of crap too. What exactly would the President have to do for you to support impeachment? I mean, if the President murdered someone on live TV, impeachment would still "overturn the election results" so presumably you'd still be against it? That's no argument.
So far, the Democrats have just rolled over for Bush every time. Why should anyone vote for such a useless party?
August 7, 2007 2:27 AM | Reply | Permalink
This sort of argument makes me want to vomit. The plea to simply let the Democrats, you know the ones who just supported CheneyBushCo's ability to wiretap at will, win the 2008 election is corrupt at its political core.
George Mason is turning in his grave over your shallow impeachment opinion.
That the Democrats won't use impeachment granted in the Constitution to limit power of this president shows they are morally corrupted by the same power as CheneyBushCo LLP. To think that they prefer trying to get elected to their oaths means they don't deserve to take an oath. They won't follow their oath faithfully anyway.
We should begin to force the 16 Democrats who voted for the FISA revamp out of office immediately. They are political traitors to their supporters and are in violation of their oaths of office to protect the Constitution.
Ultimately this isn't isolated to CheneyBushCo LLP either. That’s what makes me really sick. So many who make short vision comments about the 2008 election don't understand the dangerous precedent that is being set by this Congress due to their inaction on real actionable offenses.
In the future there may be someone who makes CheneyBushCo. LLP seem like Mother Theresa and the ability to challenge it will have already been diminished because of the precedent of this congress and its corruption. The time to act will have passed and the people won't trust them when they do act.
Most of the bloggers and journalists who claim 'Impeachment is an extreme response that overturns elected results' and the like, have not read the words of the founders about impeachment and are mitigating their own ignorance with each word they write.
A couple of years ago I watched a "liberal" organization refuse to act on firing a manager in the organization because, though they all agreed he couldn't manage his way out of a paper bag, he was a nice guy and people didn't like him, so they couldn't act because that would validate the people who didn't like him...and ...he's a nice guy. They would nod when asked if they understood he fired people he simply didn't like (not the sign of a nice guy), would ban people from the organization after they criticized him, plotted against his adversaries, and basically acted just like George Bush when it comes to grabbing more power.
They were morally corrupted by their personal feelings for the manager and were impotent to act on their duty to replace him. The longer they went, the more entrenched he became. Eventually many of them finally met the dark side of the same manager and some would quit and move on, and some would suddenly find themselves outside wondering, "well...how did I get out here?"
When you have no moral compass, its easy to lose your way.
TO the very vain democrats who think only about your supposed guarantee of a 2008 election:
Shame on you and your corruption in the attempt to gain power and glory for yourself. You do not deserve to be in government because you cannot keep your oaths and promises.
You do not represent me and many citizens who need not wait for barking orders from the Democratic Caucus to know what the best path should be. We teach our kids, be responsible, hold truth to power, and above all, NEVER sell out.
The 2008 election won't be yours. And I am definitely not voting for a Democrat after they betrayed us this weekend.
August 7, 2007 2:48 AM | Reply | Permalink
Todd,
Once again you have captured how thoroughly politics drives the national agenda and how thoroughly antithetical the political scheme is to the general well being of the country. Republicans heralded in this scheme under Newt Gingrich, with Bush and Cheney refining it to a high art. Its inconceiveable that we would find ourselves at a juncture where our laws are simply ignored because the political makeup of congress prohibits their enforcement. I find it sadly laughable when I hear any politician, especially republicans, commenting on the ethical or moral decay of our nation. You can't express the absurdity of this in words. I would imagine someone could write a broadway play that is a political satire of this and make zillions. The only problem would be choosing from the wealth of available material. I would suggest the title 'W'. Or maybe for satirical purposes 'WC'. Yeah. I like that. The duality is cool.
August 7, 2007 3:35 AM | Reply | Permalink
I learned long ago that what folks said after their "buts" was what they really meant; what went before was just so much soft soap.
Nixon and his VP were pikers and an amateurs by comparison to Bush, Cheney, and their stark mad Neo-Cons. I suspect you approve of what these criminals tried to do or you would not be trying to be a voice of reason to save their worthless hides. I suspect you also are an advocate of buisness as usual except slicker under the Democratic half of the establishment duopoly. It is time for a real change in who runs this country and for whose benifit it is run not words to cover up mistakes and news faces working for old bosses.
Serious crimes have been committed and acknowledging that fact is not adequate nor does admissions of those crimes make them go away and or undo the damage, catharsis is a part of psychoanalytical therapy not law and justice. The system that created the problem must be reformed and that starts with the application of evenhanded justice to the wealthy and powerful/well placed as well as the poor and needy who fill our prisons. Vengeance has noting to do with the need for justice in this case and shame on anyone for casting it as such or predicting doom and gloom from what is the correct behavior. Actions needs must have reciprocal consequences and it time the earned consequences caught up with Bush Inc.’s shady cast.
August 7, 2007 4:00 AM | Reply | Permalink
There are very, very few circumstances where I'd support impeaching any president. Frankly, I think we should get rid of impeachment almost entirely a move towards something like a confidence vote that could result in a new election.
It's kind of like Jefferson's freezer. He was re-elected to his post even when people knew what he'd done. I don't believe that you can tell a group of people that they can't vote for a criminal if they want to.
thosethingswesay.blogspot.com
August 7, 2007 5:57 AM | Reply | Permalink
I agree that impeachment is probably not going to work, and that it would be destructive to the prospects for Democrats which, sad to say, is the same as saying now that it would be destructive to our democracy. But on the other hand, these abuses of power must be beaten back; I don't care who the next president is, it's highly unlikely that the White House will ever really give up power accumulated by prior generations. That is the job of Congress (and maybe the media, and maybe us).
So how do you avoid the political fallout that impeachment would cause and at the same time do something to restore the balance of powers, and clarify the role and authority of the executive? I think that's a very hard question. Maybe some well-crafted legislation - if the next President will sign it (I'm assuming that the next pres. will be a Democrat, and given their penchant for forgetting what happened two years ago, maybe Republicans could be counted on to support such legislation then).
A Truth and Reconciliation Commission? Something needs to give these things a full airing.
August 7, 2007 5:59 AM | Reply | Permalink
I suspect you approve of what these criminals tried to do or you would not be trying to be a voice of reason to save their worthless hides. I suspect you also are an advocate of buisness as usual except slicker under the Democratic half of the establishment duopoly.
Can you mean that? Do you think Mr. Gitlin is surreptitiously a pro-Gitmo, coordinate construction devotee who thinks that waterboarding isn't a war crime after all? Or is this just a 'both parties are corporate shills' kind of general rant?
Aside from that, you make a good enough point.
August 7, 2007 6:04 AM | Reply | Permalink
I cut my teeth on the Watergate investigations. I was working nights, and so I watched every single minute of them. I had voted twice for Nixon, and might have remained a Republican for a time had I not seen with my own eyes what these people had done.
Bush and Cheney (and Gonzo too) need to stand up and face the music without the curtain of Executive Priviledge to hide behind. Our citizens need to see and hear what they have done. If nothing else, we will all get a huge dose of truth, which has been sorely missing from the nightly news, etc.
I agree with those above who say it's time to do the right thing, and if anyone can truly find George Bush and Dick Cheney as sympathetic characters after exposing their malfeasance and deliberate disregard for so many lives, then so be it. Is that fear really a reason not to hold them accountable?
And BTW, the fact that Jefferson got re-elected after the $ was found in his freezer has NOTHING to do with this situation. Except that, if he goes to court and is found guilty he will leave office, and even those who voted for him will know why.
Jan
August 7, 2007 6:32 AM | Reply | Permalink
August 7, 2007
Dear Todd,
I am convinced that we have already lived through a revolution. The American republic, its democracy, and constitution have been peacefully surrendered. We have had a coup d’etat. Current discourse obscures the best appropriate way to describe our current government. It is, in fact, an imperium, a dictatorship, or a fascist state, certainly no longer a republican democracy. By this I mean we already have a form of government where concerns of individual citizens and all social values are subservient to the power and ideology of the state. The ideology and behavior of our country now is to elevate and magnify the power of the corporate sector, especially international finance, the military industrial complex, and the energy i.e. oil sectors. The conservative fundamentalist Christian right has been adopted and cynically used as the base for the mass movement to support the revolution. The pertinent facts which are generally known and all I am really doing is connecting the dots:
(1) George W. Bush won his first election without a voting majority due to an unprecedented, probably unnecessary for resolution of the election, and widely understood to be philosophically anomalous decision of the Supreme Court.
(2) George W. Bush won election in 2004 in a process which had many questionable inadequacies and activities by Republican partisans. These included voting machine vulnerabilities, illegal jamming of Democratic vote organizing phone lines in New Hampshire which lost a Democratic Senate seat, caging of democratically leaning voters (i.e. Jews and Negroes) in at least five states, mal-structuring of electoral procedures at least in Ohio, tactical pre-election fraud accusations by US Attorneys, and loss of ballots preventing retrospective auditing.
(3) After 9/11 President Bush proclaimed a “War on Terror,” a conceptual maximum inflation of how to handle the situation, which allowed him to assume the mantle of Commander in Chief in a “war” that we come to find has no geographic boundaries (specifically including all of the United States and all of its citizens in the theater of combat), no foreseeable end, and no available command structure or state over which victory could be proclaimed. Furthermore while war was proclaimed no contribution nor participation was ever demanded of the general economy or the general public. In fact taxes were cut; social life as usual was encouraged; no national military manufacturing plan was created, and most importantly no military draft was instituted. This last policy both saved the President from a Viet Nam style quick public backlash and condemned him to anemic military unable to ever establish basic security in Iraq.
(4) After 9/11 the President invaded Iraq, at the most only a peripheral participant in issues that impacted the United States, on what are evidently trumped up if not false pretenses with the following favorable consequences for our new corporate fascist state: billions of dollars in military and “reconstruction” payments to favored multinational corporations, access (and initially expected, outright ownership) of major oil fields, the creation of a huge mercenary private army (there are at least 50,000 private militia among 150,000 private contractors in Iraq today), destruction of morale and leadership in our traditional military, and a pretext for the President to accrue more power and discretion. The accrued police powers of the federal government and the return of these mercenary soldiers to domestic shores with their private command structure intact may end up being a greater homeland threat than Islamic terrorists.
(5) The articulate policy of the Republicans generally and this Administration in particular is to let the basic economic, safety, supervisory, regulatory, integrative, social and civic responsibilities of government wither away (i.e. Bush’s attempt to privatize Social Security and its total avoidance of any promotion of civil rights, protection of the environment, or regulation of finance capital or communications), to promote the “free market” (which is a euphemism for exploitive economic behavior), and to promote business and corporate values. The major tragedy in this regard has been the ongoing malicious neglect of the people of New Orleans after the hurricane. Generally this political philosophy has resulted in the squeeze on the middle class and the huge income growth of the very wealthy, resulting in greater economic inequality among our citizens than any time since the Gilded Age.
(6) Yet during all this the Administration felt it was appropriate to bring the full force of national Executive and Legislative government in extraordinary session to bear to overturn a Judiciary decision which supported one man’s decision about to manage his wife’s health care.
(7) Manipulative, dominating control of Congress allowed passage of laws which have invalidated the basic Constitutional rights. Specifically this involves the right to the due process of law (habeas corpus). Under the sole discretion of the President the Patriot Act can be applied to any designated citizen and not just Guantanamo prisoners and non-citizen terrorists. Under another law control of the national guard can be federalized, placed under military command and martial law proclaimed at the sole discretion of the President (elimination of the posse comitatus laws). Additionally, as is now evident, the President has initiated what amounts to multiple extrajudicial procedures for gathering information on citizens without due process of law. President Bush has also issued an Executive Order allowing the Secretary of the Treasury the authority to confiscate private property of any citizen (and that of his wife and children) without any further due process of law once the President identifies him as supporting or contributing to terrorism. As an example for you medical people, I hope you are aware that if Homeland Security declares anyone (citizen or not) a terrorist risk, the FBI can come into your office (without a warrant) and review and seize that individual’s medical records AND you will be in criminal violation of the law if you tell anyone about this occurrence. (Librarians have protested this more than any medical organization has.) Finally it is clear that in violation of international law and our own domestic values and precedent, individuals can be incarcerated at hidden sites (“extraordinary rendition”), denied access to lawyers or any legal system for unlimited periods of time, and tortured without any civil mechanism to intervene.
(8) The Department of Justice has been politicized to the extent that alleged voter fraud, illegal immigration, and political vendettas have clearly taken precedence over such core domestic issues as the biggest bribery of a Congressman ever, legal sanction and financial punishment of the fraudulent behavior of both big tobacco companies and pharmaceutical firms, minority civil rights, environmental and occupational safety, among other issues. The Department of Justice has undertaken to question the tax exempt status of liberal churches for their political speech, while ignoring the many fundamentalist congregations involved in political action. Clearly career Department of Justice employees have been hired, promoted (or not promoted), and received awards based on brazenly narrow (and illegal criteria.) Finally the President and Vice President continue to imperially refuse to be or to allow their staff, former staff, or records be subject to Congressional oversight in these (or any other matters).
(9) Through brazen obfuscation and political manipulation, the Supreme Court which was already so derelict in its Constitutional role as to assume responsibility for anointing a President, has been reenforced in its undemocratic values by the addition of two new members. In one short term it has sharply veered away from well established Supreme Court case precedent in area of personal and medical control of abortion, civil rights and desegregation, and corporate discretion. You will not be surprised to learn, although it was not well noted at the time, that Chief Justice John Roberts contributed or accrued his values and perspective as an assistant to Fred Fielding (currently the White House Counsel who is defending George W. Bush’s “Unitary Presidency” and “Executive Privilege”) when Mr. Fielding provided the same service to Presidents Nixon and Reagan when they were under Constitutional scrutiny. Although the Supreme Court has restrained the Military Tribunal Law, it is less than certain that the Court will further impede many of President Bush’s clearly unconstitutional assumptions of power.
(10) Irregardless of the due process of law, the President has chosen to intervene to pardon Mr. I. Lewis Libby, the only government official in this Administration who has in any way been held legally culpable and accountable for this Administration’s habit and practice of operating outside the law.
These ten items are well known through main stream media and until recently I, like most others, was content to let time, Henry Waxman, John Conyers, Patrick Leahy, and the rest of the Democratic Congress and an eventual election exert their corrective action even while President Bush firmly resists their inquiries, bringing the Constitutional crisis to a head. Then two items, one theoretical and one factual, focused my thinking to conclude that the coup has already happened and perhaps the push for impeachment is too late and waiting for an election is unwise. Furthermore, I realized that most discussion of ongoing contemporary events and planning actions to resolve these problems, even by sophisticated people, elected officials among them, is wholly inadequate. It is important to advance the frame of analysis, comment, and action to account for the fact that our form of government has likely been permanently changed and harmed.
(1) Theoretically, lean back, close your eyes and try to contemplate that (with the horribly low polling approval of the President and the Republican Party generally and in the absence of any credible Republican nominee for President in the 2008 election,) the Machiavellis who brought the Administration this far outside the box would peacefully surrender these extreme new found powers to, say, Hillary Clinton in an open fair election. They have been honing their election tilting skills in two Presidential elections. Or contemplate what domestic steps our greatly empowered President would take to create or react to new terrorist tragedies within the United States or instabilities in the Middle East.
(2) Then, I said to myself, the only thing lacking for the full expression of this new imperious national government is the application of these new extra-Constitutional powers through military or police force against common American citizens. Then I found out about Operation FALCON, coordinated if not directed by Alberto Gonsalez. This is the factual keystone for the final creation of the fascist state and has not been well covered in main stream media. There have been three FALCON Operations: “I” covered the whole United States from April 4-10, 2005, involved 3,100 peace officers from 959 agencies from all levels of government and resulted in 10,340 arrests; “II” covered half of the USA from April 17-23, 2006 and involved 2,126 officers from 787 agencies and resulted in 9,030 arrests; “III” covered the Eastern 24 states from October 22-28, 2006 and involved 3,100 officers from 1045 agencies and resulted in 10,753 arrests. Among the 30,000 arrests, major catagories of crime included drug offenses, child pornography and other sex offenders, gang related offenses, and homicides, in sum producing about one third of the arrests. I am as glad as anyone to see these criminals taken off the streets. Nonetheless, it is not difficult to see these task forces as training exercises or dry runs for massive interagency coordinated police actions against other target groups, such as citizens who may want to protest possible future deviations from the American Constitution. You may want to read U.S. Attorney General Gonzales’ remarks to the U.S. Marshals Service Award Ceremony on Wednesday April 20, 2005 at 3:00 pm. He said, “Operation FALCON is just the beginning....We have much to do.” and he goes on to the application of this massive interagency police technique against terrorists. It is, in fact, a mechanism already prepared to establish marshal law. In all the Congressional inquiries into the Attorney General’s activities which often questions his competence, his responsibility for and successful management of this complex operation has been overlooked.
In short, I am connecting these dots to point out that time is short, the usual courses of action may be inadequate. If these observations, taken together, are not remedied by impeachment of the President and Vice President what contingency plans must we have to deal with the national government as it already has become a government routinely operating outside Constitutional bounds? The paradigm has already changed and we must start developing sophisticated responses and means of resistence. Discussion of these issues MUST rise to a vibrant level of discourse among us and throughout the land, especially in the 2008 Presidential debates. Wake up America!
P.S. For further validation read Matthew Rothchild’s new book “YOU HAVE NO RIGHTS: America in an Age of Repression” which contains 82 cases of violation of individuals’ Constitutional rights by officials of the government since 2001.
August 7, 2007 6:37 AM | Reply | Permalink
The reason the impeachment movement is gaining steam is not because of a desire for revenge but because of frustration over the Democrats not being able to stop the war and their caving in on other issues--the new FISA bill being the latest example. If this Congress could stand up to Bush effectively instead of being the kind of political animals Gitlin focuses on (and weak political animals at that), there wouldn't be the outcry for impeachment. The flaw in Gitlin's otherwise excellent reasoning is this: as the Democrats continue to make ineffectual political calculations, the impeachment movement grows, and it does Democrats, Congress and the country no good to address impeachment as being politically unwise or impossible.
August 7, 2007 6:38 AM | Reply | Permalink
Those who are so gung ho about impeachment haven't explained how the Democrats are going to rein-in Bush or Cheney using impeachment, since the GOP won't allow a conviction.
If the GOP won't even vote for perjury charges against Gonzales or for any measure that would pressure Bush into firing him, or vote to end a war that is worse than useless (actually harming American security), then you will not get them to vote for impeachment.
Impeaching Bush (and/or Cheney) without a conviction reins-in no one and the GOP is not going to convict.
Impeachment doesn't stop the war.
Impeachment doesn't stop the assault on American civil liberties.
Impeachment doesn't stop the bleeding at the DOJ.
Impeachment doesn't stop the loss of American lives in Iraq.
Impeachment doesn't stop torture, warrantless electronic surveillance, or any other abuse of power by the Bush administration, because YOU CAN'T CONVICT.
Impeachment would be a rhetorical statement only, without any effect whatsoever on presidential excess, either by the current or a future president.
Indeed, an unsuccessful impeachment (one without a conviction, which is a given) would merely embolden Bush and future presidents, not "rein them in."
As for impeachment being useless, one must consider that the current situation exists in a time of war, whether we like it or not, and that constitutes special circumstances that makes it difficult to get defections from the other side who cannot abandon the president without abandoning their own positions on the war.
Nixon proved that bipartisan impeachment is a valid and attainable option, when the circumstances merit.
They do not here, again whether you like it or not.
August 7, 2007 6:39 AM | Reply | Permalink
Impeachment might not happen, but something must. (At a gut level, I am vociferously for impeachment, and the more I think about it, the less I find Todd's argument compelling, but I am gravely uncertain that impeachment proceedings off the bat would be the best way to get the information we need). For now, I do hope that the White House will continue to stonewall, because it will keep the investigations on the front burner (in Congress and the media, which probably needs such drama to even consider this sort of malfeasance front page-worthy.
As for Nixon, in 2002, I bought a T-shirt with the old campaign button - "President Nixon. Now More than Ever." (I got a lot of odd stares back in the day, but that soon changed.) Now, I kind of feel guilty wearing it - like I'm speaking ill of the dead. At least Nixon opened China.
August 7, 2007 6:43 AM | Reply | Permalink
"The flaw in Gitlin's otherwise excellent reasoning is this: as the Democrats continue to make ineffectual political calculations, the impeachment movement grows, and it does Democrats, Congress and the country no good to address impeachment as being politically unwise or impossible."
So we should, like Bush, cater to the base by engaging in ineffectual political grandstanding so we can say "we hear you and we care," regardless of the actual consequences to the country?
Well, that pretty much sounds like the SOP of the Bush administration - don't weigh the costs or the practicalities, but merely do whatever will generate a positive response with the base and give you political cover with the most vocal of your supporters; do whatever you can stand up and say was the "right thing to do" (now, where have we heard that before?).
August 7, 2007 6:43 AM | Reply | Permalink
Todd, what about impeaching Gonzales? (Admittedly that got a little harder after passing this FISA bill, but still.)
August 7, 2007 6:43 AM | Reply | Permalink
Impeachment ain't gonna happen because the Democrat party is too weak in the knees to stand up for itself, never mind principles of any kind.
The problem with the 2008 election is that my only choices are Republicanazis and Dem-O-crats.
Given what the Democrat party just did with surveillance, what difference will it make whether I vote in 2008. (And until now, I have never missed an opportunity to vote. But at the moment, it's clearly futile.)
D=R
August 7, 2007 6:48 AM | Reply | Permalink
Admittedly that got a little harder after passing this FISA bill.
Maybe it will be easier after they gutted FISA - after all, it gives him a lot of power to be abused. (Boy, remember way back when when we civil liberty fans thought FISA itself was insufficent protection of our rights? Those were some good days.)
August 7, 2007 6:48 AM | Reply | Permalink
Todd, I am fully in favor of impeachment, for the many reasons you listed, illegal wiretaps, etc.
The vengeance card is actually unfair, and hurts your argument. No one "hates Bush," just like no one "hates America." People who are are against Bush, or are in favor of impeachment, take that stand for very principled reasons, not vengeance or personal hatred.
But all that said, while I'm in favor of impeachment, I have been very recently convinced it does not matter. Impeachment is a dead end.
Why?
Because the Democrats are *incapable* of pulling it off.
Their failure to end the war, I can almost understand. Votes and all, the Lieberman factor...
But this recent FISA vote -- in which *more* power was given to the Attorney General, yes, the same AG that they all said committed perjury and was unfit to hold office -- was, for me, the last straw.
I am convinced the Democrats just won't do it, no matter how much We The People demand it.
Half of the country now supports impeaching Bush, half supports impeaching Cheney, 75% against the war...and it's all meaningless right now.
"Thank God George Bush is our president." -Rudy Giuliani
August 7, 2007 7:02 AM | Reply | Permalink
I always feel so alienated by the impeachment threads. It ends up letting everyone vent about how awful Bush is, which everyone knows, and how cowardly the Democrats are, which to my mind is just magical thinking: we're right, so we surely could impeach and convict these awful people, if only we had the will. Right, and if only we had the will, we'd win in Iraq.
But I can't agree with Todd on his main point. I don't agree that it'd garner support for Bush. I just think we'd lose. We're lucky when we can get a majority in the Senate even if Pelosi and Reid are such forceful players that they get the party to march in lockstep. And as for conviction, don't make me laugh.
We've also got at least two problems with the public. One is Cheney as successor, and he's hard to impeach as he has no duties; any thing he does is Bush's responsibilities and grounds only to impeach Bush unless you can prove Cheney illegally seized power from our great leader. The second is that, unlike in Watergate, the public agreed on what a crime is but didn't have knowledge of what Bush did. Here the public knows quite well what Bush did, but a fair number think it's just that he's a lousy president.
I suggest not giving up, just giving up impeachment hearings for now. Get investigating even harder. The Gonzales hearings and others are a start. Then, we can say, we're honest, we're holding the executive accountable, and if it leads to impeachment? Well, let the chips fall where they may, right? It still won't be enough. Look at how well they've stonewalled on Meiers and withheld other evidence. Look at the 50 GOP senators and Lieberman who will stonewall. But here there's no political negatives, and it can only keep building a case for change in 2008. I just don't want to hear the blogosphere blaming craven Democrats when Bush is still here anyhow in November 2008.
John
http://www.haberarts.com/
August 7, 2007 7:03 AM | Reply | Permalink
I don't see, politically, how you even talk about impeaching Gonzales, when you just confirmed his role, and gave him even more authority.
August 7, 2007 7:06 AM | Reply | Permalink
Three points.
1. Re: Paradocs2 comments above. Is he paranoid? I agree with just about everything he said. Does that make me crazy - or has the world really gotten this bad?
2. there are two parts to the Impeachment process. Impeachment and removal from office. The first part - Impeachment - is a declaration and finding by the congress that shows massive disapproval for the manner in which an public / political officer has acted. In order to save this country we must at least impeach -- to set a standard -- to declare that the actions of the Bush administration are inconsistent with and outside the bounds of the constitution. We need to do this otherwise future presidents will use Bush / Cheney as precedent and claim there is nothing wrong with repeating their outlandish tactics.
3. Lastly, Todd's comment that impeachment creates sympathy for the impeached is misplaced and an ineffectual political or legal tool. The Reeps took the presidency after a completely bogus impeachment process in 2000. And one would be hard-pressed to a Nixon defender that isn't a creepy right winger.
August 7, 2007 7:07 AM | Reply | Permalink
I'd say start small: impeach Gonzalez. That bursts the dam. The resulting torrent of revelations may not sweep away Bush & Cheney, but it will leave them up to their necks in sewerage of their own making & totally discredited. It should also clear out many of their subordinate enablers. Otherwise, like the zombies of NIGHT OF THE LIVING DEAD, the likes of Goodling, Feith, Addington, Schlotzman, & Sampson will resurface in some future Republican administration to take up where they left off (like the Iran-Contra finaglers squirelled away throughout this administration). A question--- once out of office is there any way to hold Bush & Cheney accountable for their acts while in office ? I suppose, if it were possible, it would have to be through the courts, but how ?
August 7, 2007 7:07 AM | Reply | Permalink
Best to pass on impeachment and to look forward to Bush & Cheney's criminal prosecutions post 1/20/09 so that the historical record can be made clear and the GOP thrown in the dust bin of history.
Impeachment is too good for B & C. Forfeiting office is nothing compared to being locked up in prison.
Perhaps just as importantly, criminal trials will educate the American people to the inherent evil of the GOP, and the threat the GOP poses to American democracy.
If Democrats act prudently, the GOP will go the way of the Whigs. That is true justice!
August 7, 2007 7:08 AM | Reply | Permalink
"Impeachment ain't gonna happen because the Democrat party is too weak in the knees to stand up for itself, never mind principles of any kind."
Sure, getting a boatload of corrupt administration officials to resign after 6 years of no oversight by the GOP Congress, is "weak-kneed."
Not.
In principle, removing Saddam was the right thing to do.
In practice, it was neither warranted, given the balance of benefits versus the disadvantages, necessary, or achievable with any measure of ultimate success.
In principle, impeachment and conviction are the right things to do; in practice, even if the former happens, the latter will not through no fault of the Democrats.
Pursuing accountability through impeachment in this instance is no less simple-minded than pursuing peace in the Middle East and the destruction of the root causes of terrorism through the invasion of Iraq.
" . . . what difference will it make whether I vote in 2008."
If you truly believe that there is no difference whatsoever between the oversight that the Democratic Congress is undertaking and what the GOP Congress undertook or between the policies that the Democratic Congress is pursuing and those pursued by the GOP Congress, then I would have to say you are delusional.
This demand for perfection in accomplishment and lockstep agreement on issues in the politicians one supports is the epitome of arrogance and self-absorbtion and a prescription for the same type of party loyalty that we see in the Bush administration.
No thanks.
August 7, 2007 7:09 AM | Reply | Permalink
I agree with those who say that the primary motive for seeking impeachment is not (and ought not to be) "vengeance". In our society, "justice" too often means not much more than legalized vendetta.
The justification for impeachment is the case for "high crimes and misdemeanors", nothing more and nothing less. The motivations for pursuing these are (a) the serious implications of those crimes for proper respect of the Constitution and the actions of the Executive, both foreign and domestic, and (b) the high-handed secrecy and refusal of accountability ("executive privilege", I-don't-recalls, violations of the Hatch Act) on the part of the administration.
Both of these areas merit action toward impeachment now, for the preservation of our system of government and for the good of the nation. The Bush administration is a domestic 9/11: we cannot simply tolerate the continued assaults on our nation.
August 7, 2007 7:15 AM | Reply | Permalink
But impeachment is one those apparently golden ideas that tarnish in the bright light of day. Take consequences into account and you too will be concerned, like Michael Tomasky in yesterday's WP, lest an apparent short cut to justice turn into a dead end.
i just can't disagree with this statement any more vehemently.
first off, impeachment is not an "idea". it's not something that you plan, or only undertake when it suits your political agenda. it is a constitutional standard that is required of congress. it is, essentially, law. to not impeach a president who has committed crimes is unconstitutional.
we do not take the constitution when it suits us and ignore it when it does not suit us. we take it as it is: the written code by which we govern our nation.
all this namby pamby nonsense about impeachment not being the right thing to do, or not being politically expedient, is the kind of stuff that drivels out of the mouths of people who don't have faith in our country, its laws, and its system of justice.
you impeach the president because he broke the law. that's it. that's the only "standard" that needs to be met. not some nebulous standard of "will it backfire on us in 08" or other such nonsense.
August 7, 2007 7:16 AM | Reply | Permalink
"...and it's all meaningless right now."
...but as John Paul Jones (I think) said "We have just begun to fight" (I think).
Tom
August 7, 2007 7:16 AM | Reply | Permalink
If we could get public financing of campaigns and thus get the influence of big money out of them things would be different.
Tom
August 7, 2007 7:18 AM | Reply | Permalink
Todd,
Let's have a talk about Gonzales. We know it is the right thing to do but is it possible?
August 7, 2007 7:19 AM | Reply | Permalink
This is because some Democrats such as Bob Casey are almost as dopey as the Republicans.
Tom
August 7, 2007 7:19 AM | Reply | Permalink
Impeachment keeps Bush/Cheney busy defending themselves so that they have less time to pursue their murderous insane policies.
Impeachment sends a message to furture Presidents and VP's about accountability.
Tom
August 7, 2007 7:22 AM | Reply | Permalink
Good summary. Sounds like op-ed material to me.
Tom
August 7, 2007 7:26 AM | Reply | Permalink
"The first part - Impeachment - is a declaration and finding by the congress that shows massive disapproval for the manner in which an public / political officer has acted."
Less than 50% of the public supports impeachment; I fail to see how this is "massive," particularly in light of an almost certain party-line vote in the House.
There seems to be a great deal of confusion about the term "massive" in both the left and right wings of this country.
"In order to save this country we must at least impeach -- to set a standard -- to declare that the actions of the Bush administration are inconsistent with and outside the bounds of the constitution."
I must've missed the standard set by Clinton's impeachment.
Congressional Democrats have already loudly and frequently "declared" that Bush's actions are inconsistent and outside the bounds of the Constitution, in very formal settings.
Exactly what additional benefit is to be gained by an essentially party-line vote for impeachment, particulary in light of an almost certain acquittal?
"We need to do this otherwise future presidents will use Bush / Cheney as precedent and claim there is nothing wrong with repeating their outlandish tactics."
If Congress fails to convict, and they will so fail, you can rest assured that future presidents will use the acquittal to claim that there is nothing wrong with the tactics that Bush and Cheney have employed.
Thanks, but I don't want to send that message to future presidents or provide a confirmed precedent that it is okay.
You seem not to understand that impeachment is only one half of the process, that a trial and either acquittal or conviction must follow and that acquittal (as a conviction would be) is more of a precedent than impeachment which is, at least after Clinton, nothing more substantial than allegations, at least when the vote is along partisan lines.
After Bush is acquitted, few will remember he was impeached, just as few probably remember that Clinton was successfully impeached.
(I suspect that a majority of Americans think Clinton, because he was acquitted, was not actually impeached - that the GOP tried to impeach and failed, when in fact they tried to remove him from office and failed, but were successful in impeaching him).
August 7, 2007 7:36 AM | Reply | Permalink
After reading more of the comments on this page, i have another point to make.
The comments posted here are an example of why the Dems are virtually a powerless majority (I apoligize in advance for the crass remark) We have no balls!
Many of the comments above focus on what would happen if impeachment failed. It is a defeatist attitude. Failure should not be a concern. Failure to act is the big concern. Failure of the process after it has been engaged has innumerable explanations that would not hurt us politcally. For instance, one possible effect of a failure to impeach after taking up the process would be similar to a failed criminal prosecution -- the failure to win a conviction in a criminal prosecution does not legitimize behavior like a failure to prosecute because - failing to obtain a conviction may only mean that the evidence was not strong enough to succeed. (i.e. we failed because we could not overcome ridiculous claims of executive privilege, state secrets, which is exactly why we took impeachment up in the first place.etc.)
However, not even trying to impeach means that we have already lost this country. Think about it -- we won't even engage (or are afraid of engaging) the process contained in the constitution to rebuke and remove OUTLAWS - for fear that we won't succeed. (And we're not even in a country where this requires risking life and limb. )
We are in a fight for this country and thankfully it has been political and legal without actual violence - but at what point does this change? When our elected officials in congress fail to use the processes in the constitution to enforce the checks and balances?
I submit that if we don't impeach under the current circumstances then we may be far down the road that ultimately leads to physical confrontations because the constitution appear to to be meaningless to both the executive and legislative branches.
August 7, 2007 7:37 AM | Reply | Permalink
"Many of the comments above focus on what would happen if impeachment failed. It is a defeatist attitude. failure should not be a concern."
Now, just substitute "the invasion of Iraq" for "impeachment" above . . .
Well, if you don't get the point, it is probably useless to even continue.
August 7, 2007 7:41 AM | Reply | Permalink
What are the latest poll numbers on the percentage of Americans who support the impeachment of Bush? Cheney?
Tom
August 7, 2007 7:42 AM | Reply | Permalink
I can't believe that an article on the inadvisability of impeachment could manage to avoid both poll numbers and the Clinton impeachment. "Cold light of day"? You barely took impeacment out of a dark closet.
The most recent polling I've seen shows 45 percent of the public supporting impeachment of Bush and an astounding 55 percent supporting impeachment of Cheney. That's an astounding 1/2 of the country supporting the impeachment of BOTH men. Show me another time in history when there's been such overwhelming disgust at an administration.
Moreover these are the numbers before impeachment proceedings even begin. During impeachment, the pardon power and executive privilege--the two weapons Bush has been using to shield himself from accountability--are impotent, allowing us to finally subponena and put people under oath, compelling them to testify and produce documents. The stonewalling we've seen for 6 years is not hiding nothing. While it's certainly true that the Senate does not currently have the votd to convict, that's true at the start of any trial. The point is to persuade.
As for the political fallout, the Clinton impeachment was a true travesty and recognized as such by the public; they took it out on the Republicans but hardly punitively, as they retained control of Congress until 2006. If anything the public, unlike pundits, seems capable of discriminating a partisan vendetta from a responsible legal process. For that reason I'd love to see 40 Senators defend their party leader after a trial that lays bare finally the corruption and abuse of power that we know beyond a shadow of a doubt infests this government. If they did, I think you'd see real public outrage, and it wouldn't be directed at Democrats.
August 7, 2007 7:47 AM | Reply | Permalink
*
How does NOT impeaching stop the war?
How does NOT impeaching stop the assault on American civil liberties?
How does NOT impeaching stop the bleeding at the DOJ?
How does NOT impeaching stop the loss of American lives in Iraq?
How does NOT impeacing stop torture, warrantless electronic surveillance, or any other abuse of power by the Bush administration?
I think these are all red herrings. How does the current "math" of the Senate make impeachment the wrong thing to do?
Do you think the Founders considered the "math" when they started the revolution, and signed the Declaration of Independence? Do you think they thought this was a "sure thing"?? I don't think so. I think they thought it was the right thing to do, and it had to be done, whether or not it worked out in the end.
That's how I feel about impeachment.
-- ARG
August 7, 2007 7:56 AM | Reply | Permalink
Uh, no it doesn't send that message at all.
But acquittal certainly would send a message; a wrong one.
It would send the message: "You will never be held accountable."
Again, I think there are some folks who think impeachment is something more than what it actually is.
Clinton was impeached.
Exactly what difference did that make?
Exactly none after his acquittal.
Impeachment without removal from office (conviction) is a useless exercise, except to those who want to pat themselves on the back and congratulate themselves on what principled people they are - impeachment is the current circumstances is simply self-congratulatory political masturbation.
Perhaps you are comfortable with a process that produces nothing but self-satisfied feelings, while harming the country in the whole, but I am not.
As for keeping Bush/Cheney busy defending themselves, either Congress is already doing that with multiple investigations (impeachment, on the other hand, would be only one hearing and one investigation) or they aren't really being kept busy.
Not to mention that Bush would simply hire lawyers to keep Congress busy, while he goes about continuing to destroy the country.
Congress, on the other hand, would be very, very busy, as would Democrats, not only going back and forth with Republicans on procedural delays and obfuscations, but in dealing with the massive amount of public feedback that would accompany such actions.
If Bush and Cheney won't be getting anything done, then Congress won't either; it will in fact shut down for the greater part of the remainder of Bush's term, too bogged down in impeachment procedings to pass any useful legislation and with limited ability to continue to conduct oversight (you don't think the GOP will try to gum up the oversight hearings process even more in retaliation?) because they are too busy with impeachment and the public fallout.
August 7, 2007 7:58 AM | Reply | Permalink
If you strike the king, you must kill the king.
/c
In the blogosphere every one is an expert, so no one is an expert.
August 7, 2007 8:00 AM | Reply | Permalink
It doesn't in and of itself, but Congress is also not wasting time on efforts that are doomed to failure, taking time away from efforts that ARE effective, such as forcing the resignation of numerous corrupt administration officials, uncovering for the public instances of corruption and malfeasance, and passing laws to undo what the GOP Congress has wrought over the past decade.
"How does the current "math" of the Senate make impeachment the wrong thing to do?"
It will not result in conviction, the only meaningful outcome of an impeachment.
If you think unsuccessfully prosecuting a murderer, because the prosecution jumps the gun before sufficient evidence is available to convict, caving in to public pressure to hold someone accountable NOW, and seeing that murderer go free is the "right thing to do," then by all means pander to your delusions.
August 7, 2007 8:04 AM | Reply | Permalink
I disagree. You have acknowledged that these people deserve impeachment and have gone so far as to cite high crimes and misdemeanors, then advocated doing nothing for fear of making Bush sympathetic to voters. That kind of thinking may be pragmatic, bit it subordinates the Constitution to politics, and that's just plain wrong.
It is oversimplifying, of course, to suggest comparison to violent criminals, but if you fear O.J. will be found not guilty, or if you feel he may be made a sympathetic character to some, do you simply choose not to try him for murder?
At any rate, did impeachment make Clinton sympathetic? I think not. The problem here is that we have failed to explain fully to the public the nature of the misdeeds that would result in impeachment now, whereas everyone repeatedly heard and saw clips of Clinton lying to the cameras or prevaricating over the meaning of "is". We can blame that on the press, but part of the problem is a weak (or lazy) opposition, one that has yet to articulate the need for impeachment or advocate for it.
Finally, impeachment must be made viable first, It can never happen as long as people (especially those like you who understand its merits) dismiss the idea for the sake of expediency.
August 7, 2007 8:08 AM | Reply | Permalink
If you just get rid of impeachment, you get a dictatorship. If you refuse to use impeachment, you'll eventually get a dictatorship anyway.
Yes, you could replace the impeachment mechanism by something like a recall election (in fact I believe that might be a good move). However, at this point impeachment is the only option of reining in an out-of-control executive and I'm not aware of any movement to establish an alternative by the anti-impeachment folks.
I'm still interested though. Can you please give an example of what a president would do for you to support impeachment?
Why do you think it was a mistake to impeach Nixon? (Clearly you have to think it was a mistake, because the arguments against impeaching Bush could be used against impeaching Nixon with equal validity.)
August 7, 2007 8:09 AM | Reply | Permalink
The Tomasky article Gitlin referenced states that it was 45% for Bush in July 2007 and 54% for Cheney in the same month.
Hardly overwhelming numbers, particularly since this is before any real GOP PR counter attack which will start the minute the Democrats get serious about impeachment.
August 7, 2007 8:10 AM | Reply | Permalink
Obviously, the point is that attempting to invoke a process described in the US Constitution can be meaningfully compared to invading and occupying a foreign country under false premises, and doing so in ways that were far more focussed on short-term political and corporate benefit than on real success.
The point is mistaken.
August 7, 2007 8:13 AM | Reply | Permalink
Apples and oranges. Iraq was rationalized by lies and deception, impeachment would be justified by exploration and exposure of lies, deception, and corruption. Iraq was a lie, impeachment is justice. There is a difference.
August 7, 2007 8:15 AM | Reply | Permalink
"Astounding!"
"Massive!"
Do you all really know what these words mean?
BTW, there is no poll regarding public opinion on impeaching BOTH Bush and Cheney and I think you will find that it is more complicated than just adding the individual numbers up and dividing by half.
August 7, 2007 8:15 AM | Reply | Permalink
.
And the problem is that some of these "effective efforts" have to lead to some actual action - such as impeachment - otherwise they are actually worse than a failed impeachment attempt due to the precedent their sputtering out would set.
sPh
August 7, 2007 8:15 AM | Reply | Permalink
Well, if Mr. Gitlin is against Gitmo etc., what does he propose to do about it? Actually, we know the answer: he proposes to do nothing at all.
August 7, 2007 8:15 AM | Reply | Permalink
Sounds like something a king came up with to me.
August 7, 2007 8:16 AM | Reply | Permalink
God, I sure would hate to make Gonzo sympathietic. I'd rather just toss 200 years of Constitutional law down the drain than risk that.
August 7, 2007 8:19 AM | Reply | Permalink
I hope your blind trust in their successors is justified, because the law mean nothing in this scenario.
August 7, 2007 8:22 AM | Reply | Permalink
Several other practical problems with impeachment:
1. Nobody sane wants to impeach just Bush. President Cheney??!?? But can you impeach Cheney? What can you charge him with? Whatever he's done has clout only because Bush signs off on it (at least implicitly). Officially, he has no power, so he has no power to abuse.
1a. Cheney's a dead man walking anyway. There's a good chance he'll kick off any time. So why bother?
1b. What if Cheney's impeached and the shock reactivates his heart problems, but he lives? (I think he's the undead, anyway.) Suddenly Cheney's gone from Count Dickula to a pathetic sick old man. We're in the position of picking on him, backing off on Bush, or risking the worst-case scenario, "President Cheney." Now what? (Aside. Cheney won't have to have a heart attack for this strategy to come into play. All he has to do is announce one.)
2. Suppose we can impeach, and convict, both Bush and Cheney. This puts Pelosi in the White House early in a leap year, where she might be tempted to run as an incumbent, disappointing at least four Democratic senators (Clinton, Obama, Dodd, Biden). So, working backwards, when voting whether to convict, they have to weigh "the right thing" against their ambitions. That's a lose-lose for them, so working farther backwards, they'll be wise to think ahead and work to sabotage impeachment before it comes up in the House.
3. Impeachment is too good for Bush and Cheney. If they're impeached, they'll fade away like Nixon did, and Bush, at least, will have twenty years to quietly rehabilitate his legacy. I'll take my revenge served cold, if you please! Devote large portions of 2009-2012 to holding hearings, arresting the small fry who didn't rate a preemptive pardon, and passing the omnibus "Bush Was Wrong" Act clarifying the impermissibility of all his abuses of power. It may even take the Anti-Yoo Amendment to the Constitution. But do it all slowly, so Bush can sit in Crawford and follow along at home.
4. If the impeachment itch is too demanding, there's always Gonzales, Alito, and Rice, perjurers all.
August 7, 2007 8:28 AM |