January 2, 2006
In 1998, House Majority Whip Tom DeLay, currently under indictment on
corruption charges, proclaimed: "This nation sits at a crossroads. One
direction points to the higher road of the rule of law...The other road
is the path of least resistance" in which "we pitch the law completely
overboard when the mood fits us...[and] close our eyes to the potential
lawbreaking...and tear an unfixable hole in our legal system." That
arbiter of moral politics was incensed about the possibility of Bill
Clinton escaping unpunished for his "crimes."
Fast forward to December 2005. Not one official in the entire Bush
Administration has been fired or indicted, not to mention impeached,
for the shedding of American blood in Iraq or for the shredding of our
Constitution at home. As Newsweek columnist Jonathan Alter put it--hours after the New York Times
reported that Bush had authorized NSA wiretapping of US citizens
without judicial warrants--this President has committed a real
transgression that "goes beyond sex, corruption and political intrigue
to big issues like security versus liberty and the reasonable bounds of
presidential power."
In the last months, several organizations, including AfterDowningStreet, Impeach Central and ImpeachPAC.org,
have formed to urge Bush's impeachment. But until very recently, their
views were virtually absent in the so-called "liberal" MSM, and could
only be found on the Internet and in street protests.
But the times they are a' changin'. The I-word has moved from the
marginal to the mainstream--although columnists like Charles
"torture-is-fine-by-me" Krauthammer would like us to believe that "only
the most brazen and reckless and partisan" could support the idea. In
fact, as Michelle Goldberg reports in Salon,
"in the past few days, impeachment "has become a topic of considered
discussion among constitutional scholars and experts (including a few
Republicans), former intelligence officers, and even a few
politicians." Even a moderately liberal columnist like Newsweek's Alter sounds like The Nation, observing: "We're seeing clearly now that Bush thought 9/11 gave him license to act like a dictator."
As Editor & Publisher recently reported, the idea of
impeaching Bush has entered the mainstream media's circulatory
system--with each day producing more op-eds and articles on the
subject. Joining the chorus on Christmas Eve, conservative business
magazine Barron's published a lengthy editorial excoriating the
president for committing a potentially impeachable offense. "If we
don't discuss the program and lack of authority of it," wrote Barron's editorial page editor Thomas Donlan, "we are meeting the enemy--in the mirror."
Public opinion is also growing more comfortable with the idea of
impeaching this president. A Zogby International poll conducted this
summer found that 42 percent of Americans felt that impeaching Bush
would be justified if it was shown that he had manipulated intelligence
in going to war in Iraq. (John Zogby admitted that "it was much higher
than I expected.") By November, the number of those who favored
impeaching Bush stood at 53 percent--if it was in fact proven that Bush
had lied about the basis for invading Iraq. (And these polls were taken
before the revelations of Bush's domestic spying.)
For those interested in some of the most compelling charges against the president, I offer a brief summary:
* Former Nixon White House counsel John Dean argued in his aptly-named book Worse than Watergate
that Bush's false statements about WMDs in Iraq--used to drum up
support for an invasion--deceived the American people and Congress.
This constituted "an impeachable offense," Dean told PBS' Bill Moyers
in 2004. "I think the case is overwhelming that these people presented
false information to the Congress and to the American people." Bush's
actions were actually far worse than Watergate, Dean contends, because
"no one died for Nixon's so-called Watergate abuses."
Lending credence to Dean's arguments, the Downing Street Memo revealed
that Britain's MI-6 Director Richard Dearlove had told Tony Blair that
"the intelligence and facts were being fixed around the policy" by the
Bush Administration. John Bonifaz, a Boston-based attorney and
constitutional law expert, said that Bush seemingly "concealed
important intelligence which he ought to have communicated," and "must
certainly be punished for giving false information to the Senate." Bush
deceived "the American people as to the basis for taking the nation
into war against Iraq," Bonifaz argued--an impeachable offense.
* Rep. John Conyers argued as well that the president committed
impeachable offenses" because he and senior administration officials
"countenanced torture and cruel, inhuman and degrading treatment in
Iraq" at Abu Ghraib, and elsewhere, including Guantanamo Bay and the
now-notorious "black sites" around the world.
* The most compelling evidence of Bush's high crimes and
misdemeanors is the revelation that he repeatedly authorized NSA spying
on US citizens without obtaining the required warrants from the Foreign
Intelligence Surveillance court. Constitutional experts, politicians
and ex-intelligence experts agree that Bush "committed a federal crime
by wiretapping Americans." Rep. John Lewis--"the first major House
figure to suggest impeaching Bush," said the AP--argued that the
president "deliberately, systematically violated the law" in
authorizing the wiretapping. Lewis added: "He is not King, he is
president."
Meanwhile, Professor Jonathan Turley of George Washington University
School of Law--a specialist in surveillance law--told Knight Ridder
that Bush's actions "violated federal law" and raised "serious
constitutional questions of high crimes and misdemeanors." It is worth
remembering that an abuse of power similar to Bush's NSA wiretapping
decision was part of the impeachment charge brought against Richard
Nixon in 1974. [This comparison was brought home in the ACLU's powerful
full page ad in the New York Times of December 22nd.]
And at the end of the year, John Dean weighed in on the parallels between the two Presidents. In his powerful article, George W. Bush as the New Richard M. Nixon: Both Wiretapped Illegally, and Impeachably,
Dean documents how these new revelations add weight to the case for
impeaching Bush: "There can be no serious question that warrantless
wiretapping, in violation of the law, is impeachable. After all, Nixon
was charged in Article II of his bill of impeachment with illegal
wiretapping for what he, too, claimed were national security reasons.
...Indeed, here, Bush may have outdone Nixon: Nixon's illegal
surveillance was limited; Bush's, it is developing, may be
extraordinarily broad in scope....Reports have suggested that NSA is
'data mining' literally millions of calls--and has been given access to
the telecommunications companies to 'switching' stations through which
foreign communications traffic flows. In sum, this is big-time. Big
Brother electronic surveillance."
There are many reasons why it is crucial that the Democrats regain
control of Congress in '06, but consider this one: If they do, there
may be articles of impeachment introduced and the estimable John
Conyers, who has led the fight to defend our constitution, would become
Chair of the House Judiciary Committee. Wouldn't that be a truly just response to the real high crimes and misdemeanors that this lawbreaking president has so clearly committed?