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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 11:31 AM Original message |
House Impeachment Inquiry Resolution Proposed: BUSH, CHENEY, ET. AL. |
House Impeachment Inquiry Resolution proposed on this day, June 4, 2007, herewith.
WARNING: Herewith means "herewith" on DU, not in the MSM or elsewhere. DO NOT POST if you do not have a substantive comment on the language. PLEASE, impeachment is serious business, so let's keep it serious!! ================================== Following is a proposed resolution authorizing the House Judiciary Committee to begin an impeachment inquiry of President Bush, Vice-President Cheney, and any others. The resolution is modeled after the resolution that launched the impeachment inquiry of President Clinton, said having been modeled after the 1974 resolution to impeach President Nixon. ==================================
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 11:54 AM Response to Original message |
1. INVESTIGATORY POWERS OF THE COMMITTEE ON THE JUDICIARY WITH RESPECT TO ITS IMPEACHMENT INQUIRY |
House Report 105-795 - INVESTIGATORY POWERS OF THE COMMITTEE ON THE JUDICIARY WITH RESPECT TO ITS IMPEACHMENT INQUIRY
http://thomas.loc.gov/cgi-bin/cpquery/?&sid=cp105qSljN&refer=&r_n=hr795.105&db_id=105&item=&sel=TOC_103968& SECTION-BY-SECTION ANALYSIS Resolved Clause The resolved clause of the resolution authorizes and directs the Committee on the Judiciary, acting as a whole or by any subcommittee thereof appointed by the Chairman, to investigate fully and completely whether sufficient grounds exist for the House of Representatives to exercise its constitutional power to impeach William Jefferson Clinton, President of the United States. Except for the name of the President, the Resolved clause is the same as the Resolved clause in H. Res. 803, 2d Sess., 93d Cong., (1974), which authorizes the impeachment of Richard M. Nixon. Section Two This resolution empowers the Committee to require the attendance and testimony of such witnesses as it deems necessary, by subpoena or otherwise. It authorizes the Committee to take such testimony at hearings or by deposition. Depositions may be taken before counsel to the Committee, without a member of the Committee being present, thus expediting the presentation of information to the Committee. This resolution further authorizes the Committee to require the furnishing of information in response to interrogatories propounded by the Committee. Like the deposition authority, the authority to compel answers to written interrogatories is intended to permit the Committee to conduct a thorough investigation under as expeditious a schedule as possible. Interrogatories should prove particularly useful in providing a basis for the efficient exercise of the Committee's subpoena power, by enabling it to secure inventories and lists of documents, materials, and things and the names of potential witnesses. .....continues .... http://thomas.loc.gov/cgi-bin/cpquery/?&sid=cp105qSljN&refer=&r_n=hr795.105&db_id=105&item=&sel=TOC_103968& |
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 12:14 PM Response to Original message |
2. Excerpts: Reply of the US House of Representatives to the Trial Memorandum of President Clinton |
From: http://www.pbs.org/newshour/impeachment/trial/house_reply.html
IN THE SENATE OF THE UNITED STATE Sitting as a Court of Impeachment In Re Impeachment of President William Jefferson Clinton Reply of the United States House of Representatives to the Trial Memorandum of President William Jefferson Clinton ........ 2. The Constitutional Text Sets One Clear Standard for Removal. a. There is Only One Impeachment Standard. The Constitution sets one clear standard for impeachment, conviction, and removal from office: the commission of "Treason, Bribery, or other high Crimes and Misdemeanors." U.S. Const. art. II, § 4. The Senate has repeatedly determined that perjury is a high crime and misdemeanor. Simple logic dictates that obstruction of justice which has the same effect as perjury and bribery of witnesses must also be a high crime and misdemeanor. Endless repetition of the claim that this standard is a high one does not change the standard. ............. No President is exempt under our U.S. Constitution and the laws of the United States from accountability for personal misdeeds any more than he is for official misdeeds. And I think that we on this Committee in our effort to fairly evaluate the President's activities must show the American people that all men are treated equally under the law. ............. As the person who ultimately directs the Justice Department - the federal government's prosecutorial authority - the President must follow his constitutional duty to take care that the laws are faithfully executed. U.S. Const. art. II, § 3. His special constitutional duty is at least as high, if not higher, than the judge's. Indeed, President Clinton acknowledged as much early in his Administration when controversy arose about the nomination of Zoe Baird and the potential nomination of Judge Kimba Wood to be Attorney General. Questions were raised about whether they had properly complied with laws relating to their hiring of household help. At that time, President Clinton said the Attorney General "should be held to a higher standard than other Cabinet members on matters of this kind ............. The Senate has never adopted the standard of "beyond a reasonable doubt" in any impeachment trial in U.S. history. In fact, the Senate has chosen not to impose a standard at all, preferring to leave to the conscience of each senator the decision of how best to judge the facts presented. |
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 12:24 PM Response to Original message |
3. IMPEACHMENT PROCEDURES |
IMPEACHMENT PROCEDURES
http://www.pbs.org/newshour/impeachment/guide.html -------------------- Article I, Section 2 of the Constitution of the United States grants the House of Representatives the "the sole power of impeachment." ... established House practice is to begin with a resolution authorizing the Judiciary Committee to investigate the charges brought forth. The House Judiciary Committee then holds hearings and investigates the charges. If the Judiciary Committee's findings support the charges, it issues an impeachment resolution, which include Articles of Impeachment, to the full House. If the committee believes impeachment is unwarranted, it issues such a resolution to the full House. The resolution then goes to House floor for consideration. If the House adopts any one of the Articles of Impeachment by a simple majority vote, the official is considered impeached and the matter goes to the Senate for trial. ======= Article I, Section 3 of the U.S. Constitution states: "The Senate shall have the sole power to try all impeachments." A fixed number of House members act as "managers", or prosecutors, at the Senate trial. .... The impeached official's lawyers will present his/her defense. He/she has the right to testify and cross-examine witnesses, as in any criminal proceeding. The full Senate will act as the jury. If the trial involves the President of the United States, the Constitution states that the Chief Justice of the Supreme Court shall preside over the trial. At the trial's conclusion, the Senate meets in a closed session to discuss a verdict. Each Senator is allowed 15 minutes of debate. The Senate then votes in open session on each Article of Impeachment. A two-thirds vote is required for conviction. .... |
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 12:36 PM Response to Original message |
4. LEGAL BASIS FOR IMPEACHMENT: Bush and Cheney |
This subthread intends to address legal causes for proceeding with impeachment.
============================== Wednesday, December 21st, 2005 First Step Towards Impeachment? Conyers Introduces Bills to Censure Bush and Cheney http://www.democracynow.org/article.pl?sid=05/12/21/1447240 We speak with Congressman John Conyers (D - MI) introduced measures to censure President Bush and Vice President Cheney for misleading lawmakers on the decision to go to war in Iraq. Conyers is also seeking the creation of a select committee to investigate the Administration's possible crimes and make recommendations regarding grounds for impeachment. The "I" word has returned to Washington. Seven years to the week after the House of Representatives impeached President Clinton, discussion of the possible impeachment of President Bush has reached a new high. In recent days, Senator Barbara Boxer, Congressmen John Lewis and John Conyers, Nixon's former White House Counsel John Dean as well as numerous legal scholars have suggested Bush has committed impeachable offenses by illegally ordering the National Security Agency to eavesdrop inside the country without a court warrant. Even conservative legal scholars have admitted the severity of Bush's actions. Norm Ornstein, a scholar at the American Enterprise Institute, said "I think if we're going to be intellectually honest here, this really is the kind of thing that Alexander Hamilton was referring to when impeachment was discussed." .......... |
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 01:27 PM Response to Reply #4 |
5. TEXT House Resolution 333: Articles of Impeachment of Vice President Cheney |
House Resolution 333 was submitted by Rep. Dennis Kucinich (D-OH) April 24, 2007.
Supporting Documents for H Res 333 - http://kucinich.house.gov/SpotlightIssues/documents.htm PDF Synopsis of Resolution - http://kucinich.house.gov/UploadedFiles/int2.pdf PDF Text of Resolution as Introduced in the House of Representatives - http://kucinich.house.gov/UploadedFiles/int3.pdf ======================================= http://thomas.loc.gov/cgi-bin/query/z?c110:H.RES.333: Resolved, That Richard B. Cheney, Vice President of the United States, is impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to... (Introduced in House)
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 02:42 PM Response to Reply #4 |
6. THE NATION, Jan. 2006: The Impeachment of George W. Bush |
The Impeachment of George W. Bush
January 11, 2006 Elizabeth Holtzman http://www.thenation.com/doc/20060130/holtzman Finally, it has started. People have begun to speak of impeaching President George W. Bush--not in hushed whispers but openly, in newspapers, on the Internet, in ordinary conversations and even in Congress. As a former member of Congress who sat on the House Judiciary Committee during the impeachment proceedings against President Richard Nixon, I believe they are right to do so. .......... Like many others, I have been deeply troubled by Bush's breathtaking scorn for our international treaty obligations under the United Nations Charter and the Geneva Conventions. I have also been disturbed by the torture scandals and the violations of US criminal laws at the highest levels of our government they may entail, something I have written about in these pages (see Holtzman, "Torture and Accountability," July 18/25, 2005 - http://www.thenation.com/doc/20050718/holtzman ). These concerns have been compounded by growing evidence that the President deliberately misled the country into the war in Iraq. But it wasn't until the most recent revelations that President Bush directed the wiretapping of hundreds, possibly thousands, of Americans, in violation of the Foreign Intelligence Surveillance Act (FISA)--and argued that, as Commander in Chief, he had the right in the interests of national security to override our country's laws--that I felt the same sinking feeling in my stomach as I did during Watergate. As a matter of constitutional law, these and other misdeeds constitute grounds for the impeachment of President Bush. A President, any President, who maintains that he is above the law--and repeatedly violates the law--thereby commits high crimes and misdemeanors, the constitutional standard for impeachment and removal from office. ............... As awful as Watergate was, after the vote on impeachment and the resignation of President Nixon, the nation felt a huge sense of relief. Impeachment is a tortuous process, but now that President Bush has thrown down the gauntlet and virtually dared Congress to stop him from violating the law, nothing less is necessary to protect our constitutional system and preserve our democracy. ### |
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 04:13 PM Response to Reply #4 |
8. The 12 main failures of the Bush-Cheney administration: A terrible legacy |
Edited on Mon Jun-04-07 04:16 PM by L. Coyote
Fair use only permits quoting a small portion of this highly-recommended article:
==================== The 12 main failures of the Bush-Cheney administration: A terrible legacy By Rodrigue Tremblay - Online Journal Guest Writer Jun 4, 2007, 00:12 http://onlinejournal.com/artman/publish/article_2038.shtml "I think as far as the adverse impact on the nation and around the world, this ................. 4. The Bush-Cheney administration has been an administration accused of a criminal construct worthy of impeachment: George W. Bush has flagrantly violated his oath of office, which requires him "to protect and defend the constitution." Among the "high crimes and misdemeanors" that, under other political circumstances, would surely constitute the constitutional grounds for impeachment are these: the president and his top officials pressured the Central Intelligence Agency to put together a National Intelligence Estimate (NIE) on Iraq's nuclear weapons that both the administration and the Agency knew to be patently dishonest. They then used this false NIE report to justify an American war of aggression. After launching an invasion of Iraq, the administration unilaterally reinterpreted international and domestic law to permit the torture of prisoners held at Abu Ghraib prison in Baghdad, at Guantánamo Bay, Cuba, and at other secret locations around the world. Nothing in the U.S. Constitution, least of all the commander-in-chief clause, allows the president to commit felonies. Nevertheless, within days after the 9/11 attacks, President Bush signed a secret executive order authorizing the new policy of "extraordinary rendition," in which the CIA is allowed to kidnap terrorist suspects anywhere on Earth and transfer them to prisons in countries such as Egypt, Syria, or Uzbekistan, where torture is a normal practice, or to secret CIA prisons outside the United States where Agency operatives themselves do the torturing. Within the USA, the Bush-Cheney administration undertook extensive spying on American citizens without obtaining the necessary judicial warrants and without reporting to Congress on these activities. These actions were in direct violation of the Foreign Intelligence Surveillance Act of 1978 (and subsequent revisions) and of Amendment IV of the Constitution. ...................... |
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 08:30 PM Response to Reply #4 |
9. A Partial Listing of Bush Administration Scandals, Gateway to the Many Gates. |
Edited on Mon Jun-04-07 08:51 PM by L. Coyote
I still need to compile a single list of current House and Senate inquiries.
It is somewhat apropo that the thread linked below begins with Jerry Falwell. Falwell was one of the original architects/financiers of the "Arkansas Project." First the threads with the scandals listing (do help complete the compilation): -- Yesterday was a GREAT DAY for Falwell TO DIE. Or, the Buffalo Jump to Hell. -- http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x899312 -- "It it Still a Crime to Lie to Congress." Gonzales Delivers Indictment, Charges BUSH with LYING. -- http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x975882 The "Arkansas Project" thread also relates to impeachment. It examines the illegalities of the defamation of President William Jefferson Clinton which, in sequence, led to his impeachment (do contribute also): -- Bush vs. Gore, the 'Arkansas Project,' the USA firings, and the Swiftboat Admiral -- http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1029113 |
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L. Coyote (1000+ posts) Send PM | Profile | Ignore | Mon Jun-04-07 03:12 PM Response to Original message |
7. REFERENCES at Marshall University. Presidential Impeachment: an online resource guide. |
Good LINKS to legal references and articles:
======================== Presidential Impeachment: an online resource guide prepared by Timothy A. Balch MSLS, MA Marshall University, John Deaver Drinko Library http://www.marshall.edu/library/guides/impeach/default.asp Legal Basis of Impeachment - http://www.marshall.edu/library/guides/impeach/impeachment_basis.asp Procedures and Rules for Impeachments - http://www.marshall.edu/library/guides/impeach/impeachment_procedures.asp General Background and Guides - http://www.marshall.edu/library/guides/impeach/impeachment_background.asp Books for Further Reading - http://www.marshall.edu/library/guides/impeach/impeachment_books.asp |
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