March 24, 2007

The Case for Impeachment

The case for impeachment brought by Eternal Hope from Daily Kos:

We are not ready to Impeach yet! As the Investigations continue and the evidence mounts, we move closer everyday, but we are NOT there yet...it is NOT time for Congress to file Articles of Impeachment. We need to uncover, expose and marshal clear and damning evidence first and have all of our Ducks in a row.

1. Leaking classified information by disclosing the identity of Valerie Plame to reporters.

The President and Vice President unlawfully leaked classified information, the identity of a Non-official Cover, Valerie (Wilson) Plame, to a person or persons not authorized to receive such information, namely, Robert Novak, a reporter for the Chicago Tribune, and Matt Cooper, a reporter for Time Magazine.

Law violated:

National Security Act of 1947.

Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18, United States Code, or imprisoned not more than ten years, or both.
(b) Whoever, as a result of having authorized access to classified information, learns the identity of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent’s intelligence relationship to the United States, shall be fined under title 18, United States Code, or imprisoned not more than five years, or both.

(c) Whoever, in the course of a pattern of activities intended to identify and expose covert agents and with reason to believe that such activities would impair or impede the foreign intelligence activities of the United States, discloses any information that identifies an individual as a covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such individual and that the United States is taking affirmative measures to conceal such individual’s classified intelligence relationship to the United States, shall be fined under title 18, United States Code, or imprisoned not more than three years, or both.

(d) A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.

2. Lying to Congress -- passing false information about Iraq's WMD capacities.

George Bush and Dick Cheney passed false information to Congress about Iraq's weapons of mass destruction capabilities, to wit, their possession of chemical weapons, biological weapons, and delivery systems. Furthermore, George Bush and Dick Cheney passed false information to Congress by falsely stating that Iraq was an imminent threat to the United States and that military action was therefore necessary.

Law violated:

18 USC 1001.

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.

3. Extraordinary Renditions.

George Bush and Dick Cheney authorized the arrest and transporting of prisoners to secret jails in Morocco, Syria, Jordan, Egypt, and Eastern Europe for detention and torture without trial.

Law violated:

6th Amendment of the Constitution.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

4. Detentions without Trial.

George Bush and Dick Cheney detained thousands of people at Guantanamo Bay without the possibility of trial and without access to effective counsel.

Law violated:

6th Amendment (see above).

5. Torture.

George Bush and Dick Cheney either ordered or caused other foreign countries to perform torture on suspects illegally detained under sections 3 and 4 of these articles.

Law violated:

8th Amendment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

6. Misappropriation of Funds.

George Bush and Dick Cheney diverted funds from Afghanistan to Iraq as documented in Bob Woodward's "Plan of Attack" and failed to notify Congress of such appropriations.

Law violated:

Iraq Liberation Act of 1998.

The President shall notify the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 at least 15 days in advance of each obligation of assistance under this section in accordance with the procedures applicable to reprogramming notifications under section 634A.

7. Bombing Iraq without Congressional Approval.

George Bush and Dick Cheney authorized over 21,000 bombing missions on Iraq without Congressional approval before passage of the Iraq War Resolution in October 11th, 2002.

Law violated:

Article I, US Constitution.

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

8. Conspiracy to pass false information.

George Bush and Dick Cheney conspired to pass false information about the nature of the intelligence on Iraq to the US Congress in conjunction with British Prime Minister Tony Blair for the purposes of triggering a war with Iraq as documented in the Downing Street Minutes.

Law violated:

18 USC 1001 (see above).

9. Lying about Niger connection.

George Bush and Dick Cheney lied to Congress at the State of the Union and elsewhere by falsely stating that Iraq had procured Uranium from Niger.

Law violated:

18 USC 1001 (see above).

10. Contempt of Congress.

George Bush and Dick Cheney showed a contempt of Congress by stating their intentions to violate laws passed by Congress or cause others to do so over 750 times.

11. Illegal wiretaps.

George Bush and Dick Cheney repeatedly bypassed the court system by ordering wiretaps without authorization from judges and without obtaining a warrant.

Law violated:

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

12. Concealment of the existance or nature of Domestic Intelligence Programs.

George Bush and Dick Cheney concealed the nature and extent of the JPEN program, used for the purpose of domestic intelligence.

Law violated:

18 USC 1505

Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.

13. Destruction of Evidence.

George Bush and Dick Cheney destroyed evidence in conjunction with Plamegate.

Law violated:

18 USC 1505 (see above).

14. The use of White Phosphorus in Iraq.

George Bush and Dick Cheney authorized the use of White Phosphorus in Iraq in November 2004 during the Fallujah offensive.

Law violated:

US Army Field Manual, Chapter 5, section 3.

(4) Burster Type White phosphorus (WP M110A2) rounds burn with intense heat and emit dense white smoke. They may be used as the initial rounds in the smokescreen to rapidly create smoke or against material targets, such as Class V sites or logistic sites. It is against the law of land warfare to employ WP against personnel targets.
Again, I am not pushing for impeachment, I am asking for a discussion on the topic. We have a long way to go and the journey won't end until we cover every inch so we might as well start.

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