Listics

The Ivins story has the smell of convenient death and cover-up. The anthrax attacks of 2001 may have been a means to an end. ABC refuses to release information on discredited sources, information that could bring clarity to the anthrax story today.

All this and more, Jay Rosen Friday on Glenn Greenwald’s podcast.

Technorati Tags: podcats, now will you believe me that Meg Thatcher Bush the First knew what they were doing in when they hurled all those greenhouse gases skyward, would you believe global warming was a plot to open a northwest passage and open the polls to oil exploration, well then would you believe that the anthrax thing was used to silence dissenters and lay a foundation for war with Iraq, kbaithx

Too little too late, perhaps; but I think this will help explain what happened to the USA during the Bush Imperium.

[update: the original from last night was pulled... here's another copy, for as long as it lasts]

Before he’s even out of office, the line has formed to honor George W. Bush. A friend writes:

San Francisco has collected sufficient signatures to place a new measure on the next ballot renaming the “Oceanside Sewage Treatment Plant” to the “George W. Bush Sewage Treatment Plant.”

Digg it

Technorati Tags: george w bush sewage treatment plant, will there be a george w bush library

I took a break from this litany of high crimes and misdemeanors. I’d promised an article a day, and now I’m way off the pace, having offered up only 28 of the 35 Articles of Impeachment that Dennis Kucinich originally presented to Congress on June 9, 2008.

“Only 35?” Well might you ask, since seldom does a George W. Bush work day go by that he doesn’t commit an impeachable offense, or compound the effects of one already committed.

On July 10 Representative Kucinich restated his Bill of Impeachment to focus on the way Bush deceived Congress and the American people and led us into war with Iraq. Here is the Bill of Impeachment as read into the Congressional on July 10, 2008 (beginning at page H6384, 2008 Congressional record):

NOTICE OF INTENTION TO OFFER RESOLUTION RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE
Mr. KUCINICH. Madam Speaker, pursuant to clause 2, rule IX, I hereby give notice of my intention to raise a question of the privileges of the House. The form of the resolution is as follows:

AN ARTICLE OF IMPEACHMENT OF PRESIDENT GEORGE W. BUSH
Resolved, that President George W. Bush be impeached for high crimes and misdemeanors, and that the following Article of Impeachment be exhibited to the United States Senate:

An Article of Impeachment exhibited by the House of Representatives of the United States of America in the name of itself and the people of the United States of America, in maintenance and support of its impeachment against President George W. Bush for high crimes and misdemeanors.

ARTICLE ONE—DECEIVING CONGRESS WITH FABRICATED THREATS OF IRAQ WMDS TO FRAUDULENTLY
OBTAIN SUPPORT FOR AN AUTHORIZATION OF THE USE OF MILITARY FORCE AGAINST 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,’’ deceived Congress with fabricated threats of Iraq Weapons of Mass Destruction to fraudulently obtain support for an authorization for the use of force against Iraq and used that fraudulently obtained authorization, then acting in his capacity under article II, section 2 of the
Constitution as Commander in Chief, to commit U.S. troops to combat in Iraq.
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Article 28
TAMPERING WITH FREE AND FAIR ELECTIONS, CORRUPTION OF THE ADMINISTRATION OF JUSTICE
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, conspired to undermine and tamper with the conduct of free and fair elections, and to corrupt the administration of justice by United States Attorneys and other employees of the Department of Justice, through abuse of the appointment power.
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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 2007, 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, 2007;
2. A House Oversight and Government Reform Committee subpoena for the testimony of the Secretary of State, issued April 25, 2007;
3. A House Judiciary Committee subpoena for the testimony of former White House Counsel Harriet Miers and documents , issued June 13, 2007;
4. A Senate Judiciary Committee subpoena for documents and testimony of White House Chief of Staff Joshua Bolten, issued June 13, 2007;
5. A Senate Judiciary Committee subpoena for documents and testimony of White House Political Director Sara Taylor, issued June 13, 2007 (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, 2007;
7. A Senate Judiciary Committee subpoena for documents and testimony of White House Deputy Political Director J. Scott Jennings, issued June 26, 2007 (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, 2007;
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.

Technorati Tags: impeachment

This week the new FISA bill will come to a vote. It contains provisions to immunize telecommunications companies from liability for following the illegal orders of the President. The articles of impeachment that I’m detailing today relate to the President’s willful disregard for the law regarding surveillance of American citizens. It will be interesting to follow the debate this week as the bill becomes law. It won’t be easy though, since most of the news reporting bandwidth in North America will be focused on the lead-up to the Olympics and Christie Brinkley’s divorce. Wikipedia says,

Both the [FISA Act] subchapters covering physical searches and electronic surveillance provide for criminal and civil liability for violations of FISA.

Criminal sanctions follows violations of electronic surveillance by intentionally engaging in electronic surveillance under the color of law or through disclosing information known to have been obtained through unauthorized surveillance. The penalties for either act are fines up to $10,000, up to five years in jail, or both.

In addition, the statute creates a cause of action for private individuals whose communications were unlawfully monitored. The statute permits actual damages of not less than $1,000 or $100 per day. In addition, that statute authorizes punitive damages and an award of attorney’s fees.[17]

Similar liability is found under the subchapter pertaining to physical searches.

In both cases, the statute creates an affirmative defense for a law enforcement agent acting within their official duties and pursuant to a valid court order. Presumably, such a defense is not available to those operating exclusively under presidential authorization.

Article 24
SPYING ON AMERICAN CITIZENS, WITHOUT A COURT-ORDERED WARRANT, IN VIOLATION OF THE LAW AND THE FOURTH AMENDMENT
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, knowingly violated the fourth Amendment to the Constitution and the Foreign Intelligence Service Act of 1978 (FISA) by authorizing warrantless electronic surveillance of American citizens to wit:
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Article 23
VIOLATION OF THE POSSE COMITATUS ACT
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, repeatedly and illegally established programs to appropriate the power of the military for use in law enforcement. Specifically, he has contravened U.S.C. Title 18. Section 1385, originally enacted in 1878, subsequently amended as “Use of Army and Air Force as Posse Comitatus” and commonly known as the Posse Comitatus Act.

The Act states:

“Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.”

The Posse Comitatus Act is designed to prevent the military from becoming a national police force.

The Declaration of Independence states as a specific grievance against the British that the King had “kept among us, in times of peace, Standing Armies without the consent of our legislatures,” had “affected to render the Military independent of and superior to the civil power,” and had “quarter[ed] large bodies of armed troops among us . . . protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States”

Despite the Posse Comitatus Act’s intent, and in contravention of the law, President Bush

a) has used military forces for law enforcement purposes on U.S. border patrol;

b) has established a program to use military personnel for surveillance and information on criminal activities;

c) is using military espionage equipment to collect intelligence information for law enforcement use on civilians within the United States; and

d) employs active duty military personnel in surveillance agencies ,including the Central Intelligence
Agency (CIA).
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