Professor Boyle's proposed articles of impeachment

[paineinthearse]

Aging, but still damn good!

http://www.counterpunch.org/boyle01172003.html

January 17, 2003

Draft Impeachment Resolution Against President George W. Bush
by FRANCIS A. BOYLE
professor of law, University of Illinois School of Law

108nd Congress H.Res.XX
1st Session
Impeaching George Walker Bush, President of the United States, of high crimes and misdemeanors.
_______________________________________________

IN THE HOUSE OF REPRESENTATIVES

January __, 2003

Mr./Ms. Y submitted the following resolution; which was referred to the Committee on Judiciary.
_______________________________________________


A RESOLUTION

Impeaching George Walker Bush, President of the United States, of high crimes and misdemeanors.

Impeaching George Walker Bush, President of the United States, of high crimes and misdemeanors.

Resolved, That George Walker Bush, President of the United States is impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the Senate:

Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of all of the people of the United States of America, against George Walker Bush, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.


ARTICLE I

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to 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 to take care that the laws be faithfully executed, has attempted to impose a police state and a military dictatorship upon the people and Republic of the United States of America by means of "a long Train of Abuses and Usurpations" against the Constitution since September 11, 2001. This subversive conduct includes but is not limited to trying to suspend the constitutional Writ of Habeas Corpus; ramming the totalitarian U.S.A. Patriot Act through Congress; the mass-round-up and incarceration of foreigners; kangaroo courts; depriving at least two United States citizens of their constitutional rights by means of military incarceration; interference with the constitutional right of defendants in criminal cases to lawyers; violating and subverting the Posse Comitatus Act; unlawful and unreasonable searches and seizures; violating the First Amendments rights of the free exercise of religion, freedom of speech, peaceable assembly, and to petition the government for redress of grievances; packing the federal judiciary with hand-picked judges belonging to the totalitarian Federalist Society and undermining the judicial independence of the Constitution's Article III federal court system; violating the Third and Fourth Geneva Conventions and the U.S. War Crimes Act; violating the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination; reinstitution of the infamous "Cointelpro" Program; violating the Vienna Convention on Consular Relations, the Convention against Torture, and the Universal Declaration of Human Rights; instituting the totalitarian Total Information Awareness Program; and establishing a totalitarian Northern Military Command for the United States of America itself. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.


ARTICLE II

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to 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 to take care that the laws be faithfully executed, has violated the Equal Protection Clause of the Constitution. U.S. soldiers in the Middle East are overwhelmingly poor White, Black, and Latino and their military service is based on the coercion of a system that has denied viable economic opportunities to these classes of citizens. Under the Constitution, all classes of citizens are guaranteed equal protection of the laws, and calling on the poor and minorities to fight a war for oil to preserve the lifestyles of the wealthy power elite of this country is a denial of the rights of these soldiers. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.


ARTICLE III

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to 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 to take care that the laws be faithfully executed, has violated the U.S. Constitution, federal law, and the United Nations Charter by bribing, intimidating and threatening others, including the members of the United Nations Security Council, to support belligerent acts against Iraq. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.


ARTICLE IV

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to 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 to take care that the laws be faithfully executed, has prepared, planned, and conspired to engage in a massive war and catastrophic aggression against Iraq by employing methods of mass destruction that will result in the killing of hundreds of thousands of civilians, many of whom will be children. This planning includes the threatened use of nuclear weapons, and the use of such indiscriminate weapons and massive killings by aerial bombardment, or otherwise, of civilians, violates the Hague Regulations on land warfare, the rules of customary international law set forth in the Hague Rules of Air Warfare, the Four Geneva Conventions of 1949 and Protocol I thereto, the Nuremberg Charter, Judgment, and Principles, the Genocide Convention, the Universal Declaration of Human Rights, and U.S. Army Field Manual 27-10 (1956). In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.


ARTICLE V

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to 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 to take care that the laws be faithfully executed, has committed the United States to acts of war without congressional consent and contrary to the United Nations Charter and international law. From September, 2001 through January, 2003, the President embarked on a course of action that systematically eliminated every option for peaceful resolution of the Persian Gulf crisis. Once the President approached Congress for consent to war, tens of thousands of American soldiers' lives were in jeopardy - rendering any substantive debate by Congress meaningless. The President has not received a Declaration of War by Congress, and in contravention of the written word, the spirit, and the intent of the U.S. Constitution has declared that he will go to war regardless of the views of the American people. In failing to seek and obtain a Declaration of War, George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.


ARTICLE VI

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to 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 to take care that the laws be faithfully executed, has planned, prepared, and conspired to commit crimes against the peace by leading the United States into aggressive war against Iraq in violation of Article 2(4) of the United Nations Charter, the Nuremberg Charter, Judgment, and Principles, the Kellogg-Brand Pact, U.S. Army Field Manual 27-10 (1956), numerous other international treaties and agreements, and the Constitution of the United States. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.

(In memory of Congressman Henry B. Gonzalez - R.I.P. - and H. Res. 86, 102nd Cong., 1st Sess., Jan. 16, 1991.)

Francis A. Boyle, Professor of Law, University of Illinois, is author of Foundations of World Order, Duke University Press, The Criminality of Nuclear Deterrence, and Palestine, Palestinians and International Law, by Clarity Press. He can be reached at: [e-mail]

[acmejack]

1. As topical today as ever!

Would that it were so. We need to be rid of the pestilence that is *, or more correctly, the entire BFEE.

Unfortunately, the damage has been done. The big question in my mind is will this Country even survive? Indeed, should it? Perhaps it is time for a more egalitarian, people driven government.

[izzybeans]

2. Compare those to this fluff whenever a wingnut starts recoiling at the

idea.

http://www.cnn.com/ALLPOLITICS/stories/1998/12/09/articles.docs/

No contest. The articles of Bush's impeachment have surely grown in size and morbidity since 2003.

[paineinthearse]

3. The articles of Bush's impeachment have surely grown in size and morbidity

Indeed. Former Attorney General Ramsey Clark has 17 articles - http://impeachbush.pephost.org/site/PageServer?pagename=VTI_articles -, from the first administration(?), not sure about the date. They were originally against AG Ashcroft, but I see they have been updated to Gonzalez (in the title area, at least).

Anyone have any other lists? Anything more current?

Articles of Impeachment of President George W. Bush and Vice President Richard B. Cheney, Secretary of Defense Donald H. Rumsfeld, and Attorney General Alberto Gonzalez

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. - - ARTICLE II, SECTION 4 OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA

President George W. Bush, Vice President Richard B. Cheney, Secretary of Defense Donald H. Rumsfeld, and Attorney General John David Ashcroft have committed violations and subversions of the Constitution of the United States of America in an attempt to carry out with impunity crimes against peace and humanity and war crimes and deprivations of the civil rights of the people of the United States and other nations, by assuming powers of an imperial executive unaccountable to law and usurping powers of the Congress, the Judiciary and those reserved to the people of the United States, by the following acts:

1) Seizing power to wage wars of aggression in defiance of the U.S. Constitution, the U.N. Charter and the rule of law; carrying out a massive assault on and occupation of Iraq, a country that was not threatening the United States, resulting in the death and maiming of tens of thousands of Iraqis, and hundreds of U.S. G.I.s.

2) Lying to the people of the U.S., to Congress, and to the U.N., providing false and deceptive rationales for war.

3) Authorizing, ordering and condoning direct attacks on civilians, civilian facilities and locations where civilian casualties were unavoidable.

4) Threatening the independence and sovereignty of Iraq by belligerently changing its government by force and assaulting Iraq in a war of aggression.

4) Authorizing, ordering and condoning assassinations, summary executions, kidnappings, secret and other illegal detentions of individuals, torture and physical and psychological coercion of
prisoners to obtain false statements concerning acts and intentions of governments and individuals and violating within the United States, and by authorizing U.S. forces and agents elsewhere, the rights of individuals under the First, Fourth, Fifth, Sixth and Eighth Amendments to the Constitution of the United States, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights.

5) Making, ordering and condoning false statements and propaganda about the conduct of foreign governments and individuals and acts by U.S. government personnel; manipulating the media and foreign governments with false information; concealing information vital to public discussion and informed judgment concerning acts, intentions and possession, or efforts to obtain weapons of mass destruction in order to falsely create a climate of fear and destroy opposition to
U.S. wars of aggression and first strike attacks.

6) Violations and subversions of the Charter of the United Nations and international law, both a part of the "Supreme Law of the land" under Article VI, paragraph 2, of the Constitution, in an attempt to commit with impunity crimes against peace and humanity and war crimes in wars and threats of aggression against Afghanistan, Iraq and others and usurping powers of the United Nations and the peoples of its nations by bribery, coercion and other corrupt acts and by rejecting treaties, committing treaty violations, and frustrating compliance with treaties in order to destroy any means by which international law and institutions can prevent, affect, or adjudicate the exercise of U.S. military and economic power against the international community.

7) Acting to strip United States citizens of their constitutional and human rights, ordering indefinite detention of citizens, without access to counsel, without charge, and without opportunity to appear before a civil judicial officer to challenge the detention, based solely on the discretionary designation by the Executive of a citizen as an "enemy combatant."

8) Ordering indefinite detention of non-citizens in the United States and elsewhere, and without charge, at the discretionary designation of the Attorney General or the Secretary of Defense.

9) Ordering and authorizing the Attorney General to override judicial orders of release of detainees under INS jurisdiction, even where the judicial officer after full hearing determines a detainee is wrongfully held by the government.

10) Authorizing secret military tribunals and summary execution of persons who are not citizens who are designated solely at the discretion of the Executive who acts as indicting official, prosecutor and as the only avenue of appellate relief.

11) Refusing to provide public disclosure of the identities and locations of persons who have been arrested, detained and imprisoned by the U.S. government in the United States, including in
response to Congressional inquiry.

12) Use of secret arrests of persons within the United States and elsewhere and denial of the right to public trials.

13) Authorizing the monitoring of confidential attorney-client privileged communications by the government, even in the absence of a court order and even where an incarcerated person has not been charged with a crime.

14) Ordering and authorizing the seizure of assets of persons in the United States, prior to hearing or trial, for lawful or innocent association with any entity that at the discretionary designation of the Executive has been deemed "terrorist."

15) Institutionalization of racial and religious profiling and authorization of domestic spying by federal law enforcement on persons based on their engagement in noncriminal religious and
political activity.

16) Refusal to provide information and records necessary and appropriate for the constitutional right of legislative oversight of executive functions.

17) Rejecting treaties protective of peace and human rights and abrogation of the obligations of the United States under, and withdrawal from, international treaties and obligations without
consent of the legislative branch, and including termination of the ABM treaty between the United States and Russia, and rescission of the authorizing signature from the Treaty of Rome which served as the basis for the International Criminal Court.