Those who are "prosecuting" our Congressional leaders for refusing to impeach long before now make a case that supports three key conclusions:
- For years we have had a compelling and complete case for impeaching Bush and Cheney.
- Members of Congress do not have a legitimate reason for refusing to present the case through public statements or in impeachment hearings.
- The Congressional oath, the gravity of the charges, and the devastating consequences of leaving the massive power of the American presidency, unchallenged, in the hands of war criminals, made immediate impeachment a moral imperative years ago.
Unless the case for conclusion #1 is refuted, the notion that "they are pulling together what they need now" is not a valid defense.Here's a review of some of the arguments that support the three conclusions and a point-by-point response to the defense that has been offered. The points are numbered to make it easier to cite them when responding.
A. Specific charges and solid cases for impeachment have been conveyed to the Congressional leadership by many of our fellow Americans over the past few years. A sampling of the cases are cited in the posts above.
NO member of the Democratic leadership has asserted that public's accusations are not warranted or that the cases have no merit. They have done the OPPOSITE. Many tell us that Bush and Cheney are torturing and committing other grave violations of the Constitution. They tell us that Bush and Cheney are attacking the Constitution, but they tell us that they can't/won't/shouldn't impeach now. They invoke one or more of the false memes to rationalize the violation of their oath to defend the Constitution.
B. The assertion that the Congressional leadership is putting together some other case for impeachment cannot be validated To date, no Member of Congress has actually told the public that the ARE putting together a case. (Kucinich may be considered an exception, but only targeting Cheney cannot be logically justified because Bush and Cheney are partners in crime.) No member has told us that it is time to initiate impeachment hearings to make the case to remove both Bush and Cheney.
C. If they are pursing a case "behind the scenes," in absence of reasons for refusing to make one or more of the existing cases, that pursuit can only be viewed as unnecessary delay. The cost to the nation and the world of leaving the massive power of the American presidency in the hands of war criminals, unchallenged, grows every day they delay. If they already have all the ammunition they need, the delay is therefore an immoral violation of their oath.
D. The claim that they are refusing to impeach because they must "ensure conviction" is not a valid defense for the following reasons :
- No Congressional leader has told the public why they believe the cases they have had in hand are any less compelling than the case they may or may not be putting together.
- We the People "hired" Members of Congress to represent Us. As our hirelings, they have a responsibility to put the case made by the public -- the only REAL stakeholders -- to the Senate for judgment.
- There is no need to delay until they have put together a case that guarantees conviction because impeachment is not a "one shot" deal, and therefore there is no reason not to make a case that may or may not lead to removal. If Bush and Cheney are not removed by the Senate (or resign to escape a Senate trial), there is absolutely nothing to stop the House from reformulating the case and voting out another set of Articles.
- In the next election, the people cannot stand in judgment of their Senators on the matter if the Senators are not forced to declare themselves.
- Even if they believe there are simply too many fascist minions in the Senate to secure removal, they nevertheless have an obligation to put our case before the Senate and force the Senators to "choose sides" to enable the electorate to stand in judgment.
E. Making the case for impeachment is NOT just a matter of Congressional maneuvering, "hearings," and "process." ANY Member of the House or Senate can stand up RIGHT NOW and make the case to the public through public statements. As has been pointed out by many here on DU and elsewhere, they ALL have mouths. They are public figures with Big Megaphones. Since January, NO member of the leadership has done so. Americans are rightfully expressing their anger about the failure.
F. The analogy to a prosecution doesn't hold up because impeachment is not a legal process. It is a political process. There is nothing about impeachment that necessitates a lengthy process. Impeachment may have the trappings of a judicial/criminal/legal proceeding, but it has NONE of the hallmarks of a judicial/criminal/legal proceeding. There is
- no objective definition of "impeachable offense;"
- no objective standard of proof;NOTE
- no voir dire or right to an impartial jury;
- no standard rules of evidence;
- no binding authority outside the rules of the House or Senate to appeal to;
- no appeal of the verdict;
- no restriction on the number of times the House can send the same charges to the Senate for trial, and
- no effort to free the process from the influence of public opinion.
(The opposite in fact. Engaging the public is paramount).
G. The failure to impeach is a dereliction of duty. Their are a number of arguments that support this conclusion (e.g.,
http://www.consortiumnews.com/Print/2007/072107.html">the latest from Robert Parry). One variation of the case can be summarized as follows:
- The key charges against Bush and Cheney are well known to the public.
- A growing number of citizens are becoming increasingly horrified at the intolerable violations Bush and Cheney are committing against the bedrock principles embodied in our Constitution-- that no one is above the law; that legitimate government power can only be derived from the consent of the governed; and that all human beings are endowed with certain inalienable rights.
- Citizens have made cases for impeachment backed by facts in the public record, logic, and Constitutional principle.
- We gave Congress the power to impeach to enable them to fulfill their oath when government officials abuse the power of office to subvert the Constitution or betray the public trust.
- Whether or not a Member has concluded that Bush and Cheney are subverting the Constitution, the widespread assumption that they are is destroying the integrity of our constitutional democracy.
- To fulfill their oath to defend the Constitution, Members of Congress must do one of the following:
(i) If they believe the acts do not threaten the Constitution, they must seek to restore public confidence and protect the integrity of our constitutional democracy by telling the public why they believe the cases for impeachment have no merit.
(ii) If they believe the one or more of the cases have merit, but do not believe the record provides sufficient grounds to require defensive action, they must justify the position by describing, specifically, what they believe to be missing.
(iii) If they think one or more of the cases have merit and are sufficient, they must fulfill their oath by doing whatever they can to engage the electorate and their fellow Members in the effort to impeach and remove the violators from office.
H. Recap.The Congressional leadership's refusal to impeach to date is an untenable position for the following reasons (and this is by no means an exhaustive list).
- Specific charges and solid cases for impeachment have been conveyed to the Congressional leadership by many our fellow Americans.
- With the exception of Kucinich and co-sponsors, since gaining control of Congress, they have refused to make ANY case for impeaching Bush and Cheney on ANY grounds to the public.
- They have not told us what, if anything, they would require to "complete" a case for impeachment over and above that which they already have at hand.
- They have been holding, and still hold, the public position that impeachment can't, won't, or shouldn't impeach Bush and Cheney happen now.
- They publicly invoke false memes to rationalize their refusal to pick one of the existing cases and impeach Bush and Cheney.
- Some in the leadership have made public statements that Bush and Cheney are violating the Constitution, torturing, and invoking unconstitutional powers. They make these accusations, but refuse for formalize them by demanding impeachment hearings to present the case.
- Their refusal to impeach to defend the Constitution when they claim to know the Constitution is under attack is a dereliction of duty.
As I have said before, I am not singling you out. You are not alone in promoting defending the "off the table" position. But defending that position requires requires direct and specific challenge to the elements of the case that "off the table" is an intolerable failure. To date, I have seen no defense that has stood up to counter-argument. Counter-arguments are welcomed because responding to them allows us to strengthen the "prosecution's" case.
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NOTE: Each Member applies the threshold they deem appropriate, but given the necessity to protect the sanctity of the Constitution, that threshold should be VERY low. Mere "suspicion" is sufficient according to Madison. ("{I}f the President be connected, in any suspicious manner, with any person, and there be grounds to believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty….")