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Main article: Movement to impeach George W. Bush

Proponents of the impeachment of current President of the United States, George W. Bush, assert that one or more of President Bush's actions qualify as "high crimes and misdemeanors" under which the president can constitionally be impeached.

This article presents a list of suggested rationales to impeach Bush, which have been offered by commentators, legal analysts, and Democrats. The points raised in this article are not to be viewed as a monolithic list, but as an assembly of discrete rationales which favour impeaching Bush that have been gathered from multiple sources. For example, The Center for Constitutional Rights, a civil rights legal advocacy non-profit organization based in New York, discusses some arguments in Articles of Impeachment Against George W. Bush.

Suggested reasons to impeach

NSA warrantless surveillance controversy

Main article: NSA warrantless surveillance controversy

In the context of the "war on terror", President Bush ordered wiretapping of certain international calls to and from U.S. without a warrant. Whether this is legal is currently debated, since the program appears to violate the Foreign Intelligence Surveillance Act (FISA), which was adopted to remedy supposedly similar actions in the past (i.e. Operation Shamrock, Operation Minaret, Church Committee). Additionally, it allegedly violates the Fourth Amendment of the Constitution, which prohibits unlawful searches and seizures - this includes electronic surveillance. These allegations have been advanced by articles published in The Christian Science Monitor and The Nation. 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 (unitary executive theory), to bypass FISA. (See also: Separation of powers and rule of law.)

In January 2006, the nonpartisan 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." On February 13, 2006, the American Bar Association issued a statement denouncing the warrantless domestic surveillance program, accusing the President of exceeding his powers under the Constitution. Their analysis observes that the key arguments advanced by the Bush administration are not compatible with the law. Also five former FISA judges voiced their doubts as to the legallity of the program.

Some commentators, responding to the Bush administration's justification of the program, say that 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." Elizabeth Holtzman, John Conyers, John Dean and Jennifer van Bergen from FindLaw assert that FISA has been violated and the claimed legal authority is invalid, constituting a felony and as such an impeachable offense.A detailed investigation into the matter seems to be averted.

Invasion of Iraq

Consitutionality of Invasion

Main article: Invasion of Iraq

The case put forward by John Bonifaz in the book Warrior-King: The Case for Impeaching George W. Bush is the same as the grounds for his John Doe I v. President Bush lawsuit; namely, that Bush invaded Iraq without a clear Congressional declaration of war. The argument is that the Congressional resolution to authorize Bush to use military force in Iraq was unconstitutional because it "confers discretion upon the President to wage war", contrary to the War Powers Clause of the Constitution.

Justification for Invasion

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Furthermore, the arguments put forward for the invasion of Iraq — the 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. . 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, which had purportedly been reported to the U.S. administration. Until today, an in-depth investigation into the nature of these discrepancies has been frustrated. Supporters of impeachment argue that the administration knowingly distorted intelligence reports or ignored contrary information in constructing their case for the war. The Downing Street memo and the Bush-Blair memo are used to substantiate that allegation. Congressional Democrats sponsored both a request for documents and a resolution of inquiry. A report by the Washington 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 evidence to the contrary.

"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."

Activists charge that Bush committed obstruction of Congress, a felony under 18 U.S.C. 1001, both by withholding information which he ought to have communicated, and by supplying information, in his States of the Union speeches, that he should have known to be incorrect. This law is comparable to perjury, but it does not require that the statements be made under oath.

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- asserts 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.

Geneva Conventions controversy

Main articles: Unlawful combatant and Combatant Status Review Tribunal

Following the attacks of September 11, 2001, 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.

Representative John Conyers has advocated investigating the abuses to see if they violate the Geneva Conventions and are thus cause for impeachment, while Francis A. Boyle and Veterans For Peace hold that impeachment proceedings should be started.

Extraordinary rendition

Main articles: Extraordinary rendition and United Nations Convention Against Torture

Critics have accused the CIA of rendering suspected terrorists to other countries in order to avoid U.S. laws prescribing due process and prohibiting torture, calling this "torture by proxy" and "torture flights". Alberto 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. 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.

Treatment of detainees

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As part of the war on terror several memos 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. 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.

Several top military lawyers including Alberto J. Mora reported that policies 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.

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

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

To address the multitude of incidents of prisoner abuse the McCain Detainee Amendment was adopted. However, in his signing statement President Bush made clear that he reserved the right to waive this bill if he thought that was needed.

Over the years numerous incidents have been made public and a UN report denounced the abuse of prisoners as tantamount to torture. Several legal analysts -such as Marjorie Cohn, Elizabeth Holtzman, Human Rights First- have advocated that writing these memos, not preventing or stopping the abuse could result in legal challenges involving war crimes under the command responsibility. These violations of US and international law could be an impeachable offense.

Allegedly leaking classified information

Allegedly leaking the identity of a CIA agent

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In his 2003 State of the Union Address, President Bush cited British government sources in saying that Saddam Hussein was seeking uranium. He referred to what turned out to be falsified documents. After Ambassador Wilson wrote an article denouncing this assertion, the identity of his wife as CIA employee was made public. Wilson later made the allegation this was done to retaliate after his article. An investigation into this by Patrick Fitzgerald is ongoing. It has led so far to the indictment of Lewis "Scooter" Libby, though not for releasing any Plame information. However, the indictment does state:

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

There are reports that an indictment of Karl Rove may be pending. Additionally, the litigation surrounding Libby has yielded court papers showing that Libby was ordered to disseminate classified information by his "superiors". It has been pointed out that, as Assistant to the President and Chief of Staff to the Vice President, Libby's only superiors were the President and the Vice President.

Allegedly declassifying for political purposes

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On April 06, 2006, court papers were filed in the CIA leak grand jury investigation, stating that Libby had testified that President Bush authorized the disclosure of select portions of the then classified National Intelligence Estimate (NIE) on Iraq. The position of the Bush administration is that a Presidentally authorized release of material is not a "leak" in the sense that Presidents are authorized to de-classiffy material and the release of de-classified material is not leaking. Some argue that this contradicts previous statements by Bush in which he made clear that leaking information is unacceptable. According to the court filings by Fitzgerald:

“Defendant (Libby) testified that this July 8th 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.”

Elizabeth de la Vega, Ray McGovern and Greg Mitchell have noted that the Bush Administration's asserted motivation — that this declassification was needed to counter misinformation spread by opponents of the Bush administration's casus belli — is odd, since only an obscure part of the NIE, which supports the claims advanced by the US government, has been released, while the rest of the report, in which the CIA in 2002 allegedly dismissed that claim as unlikely, is still classified. Bush's alleged misrepresentations on this point and his declassifying of information for allegedly a political purpose, is seen by some as impeachable offense.

Hurricane Katrina

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The alleged responsibility of the George W. Bush administration in the mishandling of Hurricane Katrina 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. Aside from these allegations of incompetence, how any Katrina related complaints rise to the level of an impeachable offense, has not been explained.

The administration, and its supporters, pointed out that the principal responsibility lies with the local authorities. Therefore any accusation of inadequate handling of the disaster should be addressed at the Governor Kathleen Babineaux Blanco.

Alleged abuse of power

Main article: Unitary executive theory

As Commander-in-Chief in the war on terror, President Bush has asserted broad war powers to protect the American people. These have been used to justify policies connected with the war. Elizabeth Holtzman, John Dean, Elizabeth 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.

The Bush administration denies this allegation by explaining that the President is only asserting his Constitutional duty as Commander-in-Chief to protect the country.

See also

References

  1. ^ The Constitution in Crisis; The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War John Conyers
  2. Arguments in general.
  3. The Center for Constitutional Rights (CCR) is a non-profit legal and educational organization dedicated to protecting and advancing the rights guaranteed by the U.S. Constitution and the Universal Declaration of Human Rights.
  4. Impeaching George W. Bush By Onnesha Roychoudhuri, AlterNet, March 6, 2006.
  5. Wiretapping possibly illegal
  6. LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT U.S. Department of Justice, January 19, 2006
  7. Congressional Research Service
  8. American Bar Association
  9. Former FISA judges
  10. ^ 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
  11. ^ The Impeachment of George W. Bush by Elizabeth Holtzman, The Nation, January 11, 2006
  12. ^ Grounds for Impeachment by Matthew Rothschild, The Progressive,March 8, 2006
  13. Wiretapping probably impeachable offense
  14. No official inquiry into wiretapping
  15. Constitutional challenge to invasion of Iraq
  16. Weapons of Mass Destruction
  17. Link with Al Qaeda
  18. ^ Blowing Cheney's Cover Ray McGovern, April 10, 2006
  19. ^ Selectively disseminating information
  20. Misrepresenting the facts surrounding Iraq
  21. Downing Street memo
  22. FOIA request
  23. "Biological laboratories"
  24. War of aggression
  25. Violating International Law
  26. Impeachment for violating the Geneva Conventions
  27. Torture by proxy
  28. Gonzales Defends Transfer of Detainees By R. Jeffrey Smith, Washington Post, March 8, 2005
  29. Legal position of rendition
  30. The Interrogation Documents: Debating U.S. Policy and Methods the memos written as part of the war on terror
  31. War crimes warning
  32. US definition of torture
  33. Torture as policy?
  34. We don't torture
  35. 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
  36. UN calls for Guantanamo closure BBC, Read the full UN report into Guantanamo Bay, February 16, 2006
  37. Accountability
  38. Plame's identity not known
  39. Libby: 'Superiors' Approved Leak CBS/AP, Feb. 9, 2006
  40. Bush authorized disclosure
  41. Disclosure legal?
  42. Did Bush ly?
  43. ^ Uncommon way of declassifying
  44. ^ Final Jeopardy By Elizabeth de la Vega, TomDispatch.com, April 09, 2006
  45. Lying impeachable
  46. Hurricane Katrina
  47. Responsibility Katrina
  48. Kathleen Babineaux Blanco
  49. Abuse of Power
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