Impeachment - Articles 26 and 27
I’m not deluded enough to think that Congress could find a way through the thicket and bring the Bush Administration to justice before the election this year. I agree with Nancy Pelosi and others that a move to impeach at this late date would be polarizing and the outcomes would be unpredictable. I do not agree that impeachment should therefore be off the table.
Congressman Robert Wexler said,
“This administration, unlike any other administration in the history of our country, has refused to appear before Congress to answer questions,” he says. “No administration has done that before this administration. So the American people need to ask themselves, is this going to be the way that we expect our presidents to conduct their business - totally immune from the law, totally immune from the Constitution? That’s not what the separation of powers was designed to do.”
“I am not unmindful of the fact that the speaker of the house has very publicly said that impeachment is off the table. But at the same time, the Constitution is not discretionary. When there is a systematic abuse of the power of the presidency as we have witnessed during the last 71/2 years of George Bush, I believe it is incumbent upon members of Congress to stand up and make the case, and to conduct appropriate inquiries and oversight….”
“These are not insignificant matters, and to suggest that President Bush has suffered enough because his popularity is low, or to suggest that we should ignore these potential violations of law and the Constitution because he happens to be in the last year of his term in office, I disagree….”
“What is the incentive for the next president, or presidents years from now, to follow the law if this president does not have to answer for any of his actions?”
Dennis Kucinich has presented 35 articles in a Bill of Impeachment. I am re-printing them here on an average of one a day since the bill was introduced.
Article 26
ANNOUNCING THE INTENT TO VIOLATE LAWS WITH SIGNING STATEMENTS, AND VIOLATING THOSE LAWS
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 used signing statements to claim the right to violate acts of Congress even as he signs them into law.
In June 2024, the Government Accountability Office reported that in a sample of Bush signing statements the office had studied, for 30 percent of them the Bush administration had already proceeded to violate the laws the statements claimed the right to violate.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President, 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.
Article 27
FAILING TO COMPLY WITH CONGRESSIONAL SUBPOENAS AND INSTRUCTING FORMER EMPLOYEES NOT TO COMPLY
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 both personally and acting through his agents and subordinates, refused to comply with Congressional subpoenas, and instructed former employees not to comply with subpoenas.
Subpoenas not complied with include:
1. A House Judiciary Committee subpoena for Justice Department papers and Emails, issued April 10, 2024;
2. A House Oversight and Government Reform Committee subpoena for the testimony of the Secretary of State, issued April 25, 2024;
3. A House Judiciary Committee subpoena for the testimony of former White House Counsel Harriet Miers and documents , issued June 13, 2024;
4. A Senate Judiciary Committee subpoena for documents and testimony of White House Chief of Staff Joshua Bolten, issued June 13, 2024;
5. A Senate Judiciary Committee subpoena for documents and testimony of White House Political Director Sara Taylor, issued June 13, 2024 (Taylor appeared but refused to answer questions);
6. A Senate Judiciary Committee subpoena for documents and testimony of White House Deputy Chief of Staff Karl Rove, issued June 26, 2024;
7. A Senate Judiciary Committee subpoena for documents and testimony of White House Deputy Political Director J. Scott Jennings, issued June 26, 2024 (Jennings appeared but refused to answer questions);
8. A Senate Judiciary Committee subpoena for legal analysis and other documents concerning the NSA warrantless wiretapping program from the White House, Vice President Richard Cheney, The Department of Justice, and the National Security Council. If the documents are not produced, the subpoena requires the testimony of White House chief of staff Josh Bolten, Attorney General Alberto Gonzales, Cheney chief of staff David Addington, National Security Council executive director V. Philip Lago, issued June 27, 2024;
9. A House Oversight and Government Reform Committee subpoena for Lt. General Kensinger.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President, 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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