Impeachment - Article Eleven

(We’re taking these articles of impeachment one day at a time, sequentially, for thirty-five days from the time Dennis Kucinich brought them to house floor. The temptation today is to jump ahead a few weeks and discuss Articles 24 and 25

• Article XXIV — Spying on American Citizens, Without a Court-Ordered Warrant, in Violation of the Law and the Fourth Amendment
• Article XXV — Directing Telecommunications Companies to Create an Illegal and Unconstitutional Database of the Private Telephone Numbers and Emails of American Citizens

Obama backers are particularly concerned this weekend following Barack’s statement of support for a FISA bill that incorporates immunity for the felonious actions of AT&T and other telcos when they illegally spied on private citizens at the behest of George W. Bush. The FISA bill contains immunity provisions for the telcos, but it says nothing about immunizing the Chief Executive for his illegal and unconstitutional orders. Obama made a misstep by supporting immunity as a compromise in order to get a FISA law on the books that will protect civil rights in the future. He may correct himself, according to this report from CBS:

Obama said there is “little doubt” that the Bush Administration, with the cooperation of major telecommunications companies, “has abused [its] authority and undermined the Constitution by intercepting the communications of innocent Americans without their knowledge or the required court orders.”

“Given the legitimate threats we face, providing effective intelligence collection tools with appropriate safeguards is too important to delay. So I support the compromise, but do so with a firm pledge that as president, I will carefully monitor the program.

“[The bill] does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses.”

I think it’s important to note again that the FISA bill does NOT extend immunity to Bush.

Obama wants to move toward the center on national security issues because he wants to win the presidential race. If he supports immunity for the telcos he might lose as much as he gains by getting the FISA issue of the table before the campaign gets into full swing. We’ll see how matters stand in a few weeks when we’ve worked our way to Articles 24 and 25. But for today, here’s article eleven — as much a statement regarding America’s flawed imperialist designs on southwest Asia’s resources as it is an indictment of Bush.

Article 11
ESTABLISHMENT OF PERMANENT U.S. MILITARY BASES IN IRAQ
In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability,
preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 3 of the Constitution “to take care that the laws be faithfully executed”, has violated an act of Congress that he himself signed into law by using public funds to construct permanent U.S. military bases in Iraq.

On January 28, 2024, President George W. Bush signed into law the National Defense Authorization Act for Fiscal Year 2024 (H.R. 4986). Noting that the Act “authorizes funding for the defense of the United States and its interests abroad, for military construction, and for national security-related energy programs,” the president added the following “signing statement”:

“Provisions of the Act, including sections 841, 846, 1079, and 1222, purport to impose requirements that could inhibit the President’s ability to carry out his constitutional obligations to take care that the laws be faithfully executed, to protect national security, to supervise the executive branch, and to execute his authority as Commander in Chief. The executive branch shall construe such provisions in a manner consistent with the constitutional authority of the President.”

Section 1222 clearly prohibits the expenditure of money for the purpose of establishing permanent U.S.
military bases in Iraq. The construction of over $1 billion in U.S. military bases in Iraq, including runways for aircraft, continues despite Congressional intent, as the Administration intends to force
upon the Iraqi government such terms which will assure the bases remain in Iraq.

Iraqi officials have informed members of Congress in May 2024 of the strong opposition within the Iraqi parliament and throughout Iraq to the agreement that the administration is trying to negotiate with Iraqi Prime Minister Nouri al-Maliki. The agreement seeks to assure a long-term U.S. presence in Iraq of which military bases are the most obvious, sufficient and necessary construct, thus clearly defying Congressional intent as to the matter and meaning of “permanency”.

In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President and Commander in Chief, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States.
Wherefore, President George W. Bush, by such conduct, is guilty of an impeachable offense warranting
removal from office.

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