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Morning Topic: Kucinich's Impeachment Case Against Bush |
When the House of Representatives voted to send Dennis Kucinich's Articles of Impeachment against George W. Bush to the Judiciary Committee yesterday, it was understood that the vote in reality killed the bill. And it is understandable why the House will not actually take up the Articles no matter how legitimate the case against Bush may be. First, they do not want to distract from the presidential election and redefine the debate when it already favors the Democrats. Second, if successful, then Cheney is President. If you impeached both Bush and Cheney and made Pelosi President, then it would look like a powergrab by the Democrats. However, having the Judiciary Committee hold the hearings might at least document the criminality of the Bush Administration in a coherent manner. In that light, how legitimate are the actual charges in the 35 count, 58 page Articles that Kucinich had read twice on the House floor?
The first place to look is Kucinich's Articles as introduced. They are an interesting read. After starting off with the short definition of each count, Kucinich goes into detail about each charge. There seem to be a few categories of counts in the Articles: Charges concerning misleading the public, Charges concerning the invasion and execution of the War in Iraq, Charges concerning detention and torture, Charges about rigging elections, and then general incompetence. In terms of meeting the "High Crimes and Misdemeanors" as set out in the Constitution, I doubt most of the counts could withstand that standard. But there are some that can:
Article XIV
Misprision of a Felony, Misuse and Exposure of Classified Information And Obstruction of Justice in the Matter of Valerie Plame Wilson, Clandestine Agent of the Central Intelligence Agency.Article XVIII
Torture: Secretly Authorizing, and Encouraging the Use of Torture Against Captives in Afghanistan, Iraq, and Other Places, as a Matter of Official Policy.Article XIX
Rendition: Kidnapping People and Taking Them Against Their Will to "Black Sites" Located in Other Nations, Including Nations Known to Practice Torture.Article XXIV
Spying on American Citizens, Without a Court-Ordered Warrant, in Violation of the Law and the Fourth Amendment.Article XXV
Directing Telecommunications Companies to Create an Illegal and Unconstitutional Database of the Private Telephone Numbers and Emails of American Citizens.
Many of these counts, according to the Articles, are about Bush's violation of the Constitutional demand in Article II Section 3 for the President "to take care that the Laws be faithfully executed." In these Articles cited above, he seems to have the strongest case.
On the House floor Kucinich took over 4 hours to read his entire document, and then the Clerk read the whole thing again on the floor the following night. Kucinich does present some compelling arguments and evidence. Look at the details he discusses regarding Article XIX regarding extraordinary rendition:
The president has publicly admitted that since the 9-11 attacks in 2001, the US has been kidnapping and transporting against the will of the subject (renditioning) in its so-called "war" on terror—even people captured by US personnel in friendly nations like Sweden, Germany, Macedonia and Italy—and ferrying them to places like Bagram Airbase in Afghanistan, and to prisons operated in Eastern European countries, African Countries and Middle Eastern countries where security forces are known to practice torture.
These people are captured and held indefinitely, without any charges being filed, and are held without being identified to the Red Cross, or to their families. Many are clearly innocent, and several cases, including one in Canada and one in Germany, have demonstrably been shown subsequently to have been in error, because of a similarity of names or because of misinformation provided to US authorities.
Such a policy is in clear violation of US and International Law, and has placed the United States in the position of a pariah state. The CIA has no law enforcement authority, and cannot legally arrest or detain anyone. The program of "extraordinary rendition" authorized by the president is the substantial equivalent of the policies of "disappearing" people, practices widely practiced and universally condemned in the military dictatorships of Latin America during the late 20th Century.
The administration has claimed that prior administrations have practiced extraordinary rendition, but, while this is technically true, earlier renditions were used only to capture people with outstanding arrest warrants or convictions who were outside in order to deliver them to stand trial or serve their sentences in the US.
Kucinich has details such as this for each count.



The Senate has voted to withdraw troops by August 31, 2008 in spite of vows from the president to veto any such paper that managed to reach his desk. The 2/3 we would need to override such a veto does not look likely at this point, but all is not lost. There is another avenue opened up by this historic vote, the sweetest taboo; impeachment.