|
...this is a response I gave yesterday to somebody who posted a number of hypotheticals in an effort to make the argument that it's not the House's Constitutional duty to impeach if there's evidence that administration officials have committed "high crimes and misdemeanors." The poster maintained that impeachment was merely an option available to the House, not a duty. So I replied to the hypotheticals as follows:
>President A commits a felony, but no action is taken by the House to impeach.
If the target of impeachment commits an impeachable offense -- such as outing a covert CIA operative (treason, or high-treason in time of war) or repeatedly violates the Constitution by ignoring international treaties to which the US is a signatory -- then the House is derelict in its Constitutional duty, as defined by the oath of office, to at least submit articles of impeachment to the judiciary committee for its consideration. Note that "consideration" doesn't mean ordering Conyers to sit on them until January 2009.
>President B commits the same felony, an impeachment process is begun, but a majority of the House votes against impeachment.
Fine. Comparing impeachment to a conventional prosecution, impeachment is just the equivalent of convening a grand jury, which the ADAs (the judiciary committee), after gathering evidence and interviewing witnesses, hope will result in an indictment. If the grand jury (in this case, the House) fails to return an indictment, then either they fell down on the job or the case was without merit. Either way, the House has discharged its duty, since impeachment is the duty, not its approval.
>President C commits the same felony, an impeachment process is begun, a majority votes to impeach, but the Senate acquits >(stating that the action taken was not an impeachable offense").
Fine, too. The House judiciary committee has done its duty by submitting the evidence of "high crimes and misdemeanors" to the House, the full House has returned an indictment, but the Senate (which is where the actual trial takes place, with Senators acting as both judges and jury) was unconvinced by the evidence and witness testimony that the crimes in question reached the threshold for impeachable offenses.
>President D commits the same felony, an impeachment process is begun, a majority votes to impeach, and the Senate convicts.
Best of all worlds where Cheney/Bush is concerned. But remember that to convict, articles of impeachment first had to be introduced, then sent to the judiciary committee, which gathers evidence, questions material witnesses, compels testimony from uncooperative witnesses and so forth, just as in any other criminal proceeding other than those in which the suspect confesses (which is a whole other can of worms). The House then had to return the indictment, saying that the evidence they've heard and seen constitutes grounds to take the case to trial. The Senate then sat in judgment and, in this case, returned a guilty verdict. All by the book.
Failing to impeach doesn't have anything to do with failure to remove a sitting administration figure. But removal is legally impossible without proceeding down the path that begins with introducing articles of impeachment.
In this situation, once there's a public accounting of the numerous crimes this administration has committed against the Constitution and the rule of law, it might turn out that House members and Senators who failed to vote for impeachment would find their jobs in serious jeopardy next election cycle.
So Pelosi's failure to even allow articles of impeachment out of committee does in fact constitute dereliction of Constitutional duty. She swore to "support and defend the Constitution of the United States against all enemies, foreign and domestic." That's pretty unambiguous, and it doesn't sound like it's optional.
It's not for her to decide the fate of these criminals. It's for her to uphold her oath of office, shut the hell up, get out of the way and let the process unfold. Taking impeachment off the table is perhaps the stupidest, most senseless and unlawful capitulation to executive branch power I've ever heard of.
Now to our marvelously corrupt media. I think -- and I could easily be wrong on this -- that even these useless corporate shitheels would have to cover the impeachment of a vice president and, hopefully, his stumblebum marionette soon thereafter. I'd say that a story of that magnitude would be impossible even for these featherheads to ignore.
Of course they're going to spin the hell out of it and use it as another excuse to bash Dems and heap praise on their GOP darlings. But they do that anyway, so what's to lose? Do you think that Fux and CNN are right on the verge of coming over to the light, but such a move would be derailed by impeachment? Of course not. They're going to continue to perform their function as corporatist shills for the status quo and breathlessly gush about OJ and Britany and dead football players and whatever the hell they can come up with to keep the distractions rolling right along.
Keep in mind that the recent ARG poll showed something like 70 percent dissatisfaction with the administration, with numbers favoring impeachment of Cheney hovering around 50 percent. And that isn't because mass media has been hammering on the administration every day for years. Exactly the opposite; they're given a complete pass no matter what they do.
So what about going ahead and trying to get that indictment, which would necessarily percolate into the living rooms of Ward, June, Wally and the Beav? They might actually quit shoving buttered microwave popcorn into their slack jaws long enough to wonder just what the hell has been going on for the past seven years.
I fail to see how a public recitation of the crimes of this administration's chief vampire could result in the numbers favoring impeachment going down. Do you?
Finally, consider that the percentage favoring impeachment is about 35 to 40 points higher than the percentage that approves of the job Congress is doing. So they're not willing to risk their 11 - 15 point approval rating by impeaching a notorious, almost universally despised bastard whose own approval rating is around 9 percent and sinking?
I'd hate to see how these idiots do at the track or the craps tables.
wp
|