[Essay]

Posted on Monday, - February 27, 2006 - An excerpt from an essay in the March 2006 Harper's Magazine. - By Lewis H. Lapham

A country is not only what it does - it is also what it puts up with, what it tolerates. - Kurt Tucholsky

On December 18 of last year, Congressman John Conyers Jr. (D., Mich.) introduced into the House of Representatives a resolution inviting it to form "a select committee to investigate the Administration's intent to go to war before congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing torture, retaliating against critics, and to make recommendations regarding grounds for possible impeachment." Although buttressed two days previously by the news of the National Security Agency's illegal surveillance of the American citizenry, the request attracted little or no attention in the press - nothing on television or in the major papers, some scattered applause from the left-wing blogs, heavy sarcasm on the websites flying the flags of the militant right. The nearly complete silence raised the question as to what it was the congressman had in mind, and to whom did he think he was speaking? In time of war few propositions would seem as futile as the attempt to impeach a president whose political party controls the Congress; as the ranking member of the House Judiciary Committee stationed on Capitol Hill for the last forty years, Representative Conyers presumably knew that to expect the Republican caucus in the House to take note of his invitation, much less arm it with the power of subpoena, was to expect a miracle of democratic transformation and rebirth not unlike the one looked for by President Bush under the prayer rugs in Baghdad. Unless the congressman intended some sort of symbolic gesture, self-serving and harmless, what did he hope to prove or to gain? He answered the question in early January, on the phone from Detroit during the congressional winter recess.

"To take away the excuse," he said, "that we didn't know." So that two or four or ten years from now, if somebody should ask, "Where were you, Conyers, and where was the United States Congress?" when the Bush Administration declared the Constitution inoperative and revoked the license of parliamentary government, none of the company now present can plead ignorance or temporary insanity, can say that "somehow it escaped our notice" that the President was setting himself up as a supreme leader exempt from the rule of law.

A reason with which it was hard to argue but one that didn't account for the congressman's impatience. Why not wait for a showing of supportive public opinion, delay the motion to impeach until after next November's elections? Assuming that further investigation of the President's addiction to the uses of domestic espionage finds him nullifying the Fourth Amendment rights of a large number of his fellow Americans, the Democrats possibly could come up with enough votes, their own and a quorum of disenchanted Republicans, to send the man home to Texas. Conyers said:

"I don't think enough people know how much damage this administration can do to their civil liberties in a very short time. What would you have me do? Grumble and complain? Make cynical jokes? Throw up my hands and say that under the circumstances nothing can be done? At least I can muster the facts, establish a record, tell the story that ought to be front-page news."

Which turned out to be the purpose of his House Resolution 635 - not a high-minded tilting at windmills but the production of a report, 182 pages, 1,022 footnotes, assembled by Conyers's staff during the six months prior to its presentation to Congress, that describes the Bush Administration's invasion of Iraq as the perpetration of a crime against the American people. It is a fair description. Drawing on evidence furnished over the last four years by a sizable crowd of credible witnesses - government officials both extant and former, journalists, military officers, politicians, diplomats domestic and foreign - the authors of the report find a conspiracy to commit fraud, the administration talking out of all sides of its lying mouth, secretly planning a frivolous and unnecessary war while at the same time pretending in its public statements that nothing was further from the truth.[1] The result has proved tragic, but on reading through the report's corroborating testimony I sometimes could counter its inducements to mute rage with the thought that if the would-be lords of the flies weren't in the business of killing people, they would be seen as a troupe of off-Broadway comedians in a third-rate theater of the absurd. Entitled "The Constitution in Crisis; The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War," the Conyers report examines the administration's chronic abuse of power from more angles than can be explored within the compass of a single essay. The nature of the administration's criminal DNA and modus operandi, however, shows up in a usefully robust specimen of its characteristic dishonesty.

* * * * * * *

That President George W. Bush comes to power with the intention of invading Iraq is a fact not open to dispute. Pleased with the image of himself as a military hero, and having spoken, more than once, about seeking revenge on Saddam Hussein for the tyrant's alleged attempt to "kill my Dad," he appoints to high office in his administration a cadre of warrior intellectuals, chief among them Secretary of Defense Donald Rumsfeld, known to be eager for the glories of imperial conquest.[2] At the first meeting of the new National Security Council on January 30, 2001, most of the people in the room discuss the possibility of preemptive blitzkrieg against Baghdad.[3] In March the Pentagon circulates a document entitled "Foreign Suitors for Iraqi Oil Field Contracts"; the supporting maps indicate the properties of interest to various European governments and American corporations. Six months later, early in the afternoon of September 11, the smoke still rising from the Pentagon's western facade, Secretary Rumsfeld tells his staff to fetch intelligence briefings (the "best info fast...go massive; sweep it all up; things related and not") that will justify an attack on Iraq. By chance the next day in the White House basement, Richard A. Clarke, national coordinator for security and counterterrorism, encounters President Bush, who tells him to "see if Saddam did this." Nine days later, at a private dinner upstairs in the White House, the President informs his guest, the British prime minister, Tony Blair, that "when we have dealt with Afghanistan, we must come back to Iraq."

By November 13, 2001, the Taliban have been rousted out of Kabul in Afghanistan, but our intelligence agencies have yet to discover proofs of Saddam Hussein's acquaintance with Al Qaeda.[4] President Bush isn't convinced. On November 21, at the end of a National Security Council meeting, he says to Secretary Rumsfeld, "What have you got in terms of plans for Iraq?...I want you to get on it. I want you to keep it secret."

The Conyers report doesn't return to the President's focus on Iraq until March 2002, when it finds him peering into the office of Condoleezza Rice, the national security advisor, to say, "Fuck Saddam. We're taking him out." At a Senate Republican Policy lunch that same month on Capitol Hill, Vice President Dick Cheney informs the assembled company that it is no longer a question of if the United States will attack Iraq, it's only a question of when. The vice president doesn't bring up the question of why, the answer to which is a work in progress. By now the administration knows, or at least has reason to know, that Saddam Hussein had nothing to do with the 9/11 attacks on New York and Washington, that Iraq doesn't possess weapons of mass destruction sufficiently ominous to warrant concern, that the regime destined to be changed poses no imminent threat, certainly not to the United States, probably not to any country defended by more than four batteries of light artillery. Such at least is the conclusion of the British intelligence agencies that can find no credible evidence to support the theory of Saddam's connection to Al Qaeda or international terrorism; "even the best survey of WMD programs will not show much advance in recent years on the nuclear, missile and CW/BW weapons fronts..." A series of notes and memoranda passing back and forth between the British Cabinet Office in London and its correspondents in Washington during the spring and summer of 2002 address the problem of inventing a pretext for a war so fondly desired by the Bush Administration that Sir Richard Dearlove, head of Britain's MI-6, finds the interested parties in Washington fixing "the intelligence and the facts...around the policy." The American enthusiasm for regime change, "undimmed" in the mind of Condoleezza Rice, presents complications.

Although Blair has told Bush, probably in the autumn of 2001, that Britain will join the American military putsch in Iraq, he needs "legal justification" for the maneuver - something noble and inspiring to say to Parliament and the British public. No justification "currently exists." Neither Britain nor the United States is being attacked by Iraq, which eliminates the excuse of self-defense; nor is the Iraqi government currently sponsoring a program of genocide. Which leaves as the only option the "wrong-footing" of Saddam. If under the auspices of the United Nations he can be presented with an ultimatum requiring him to show that Iraq possesses weapons that don't exist, his refusal to comply can be taken as proof that he does, in fact, possess such weapons.[5]

Over the next few months, while the British government continues to look for ways to "wrong-foot" Saddam and suborn the U.N., various operatives loyal to Vice President Cheney and Secretary Rumsfeld bend to the task of fixing the facts, distributing alms to dubious Iraqi informants in return for map coordinates of Saddam's monstrous weapons, proofs of stored poisons, of mobile chemical laboratories, of unmanned vehicles capable of bringing missiles to Jerusalem.[6]

By early August the Bush Administration has sufficient confidence in its doomsday story to sell it to the American public. Instructed to come up with awesome text and shocking images, the White House Iraq Group hits upon the phrase "mushroom cloud" and prepares a White Paper describing the "grave and gathering danger" posed by Iraq's nuclear arsenal.[7] The objective is three-fold - to magnify the fear of Saddam Hussein, to present President Bush as the Christian savior of the American people, a man of conscience who never in life would lead the country into an unjust war, and to provide a platform of star-spangled patriotism for Republican candidates in the November congressional elections.[8]

* * * * * * *

The Conyers report doesn't lack for further instances of the administration's misconduct, all of them noted in the press over the last three years - misuse of government funds, violation of the Geneva Conventions, holding without trial and subjecting to torture individuals arbitrarily designated as "enemy combatants," etc. - but conspiracy to commit fraud would seem reason enough to warrant the President's impeachment. Before reading the report, I wouldn't have expected to find myself thinking that such a course of action was either likely or possible; after reading the report, I don't know why we would run the risk of not impeaching the man. We have before us in the White House a thief who steals the country's good name and reputation for his private interest and personal use; a liar who seeks to instill in the American people a state of fear; a televangelist who engages the United States in a never-ending crusade against all the world's evil, a wastrel who squanders a vast sum of the nation's wealth on what turns out to be a recruiting drive certain to multiply the host of our enemies. In a word, a criminal - known to be armed and shown to be dangerous. Under the three-strike rule available to the courts in California, judges sentence people to life in jail for having stolen from Wal-Mart a set of golf clubs or a child's tricycle. Who then calls strikes on President Bush, and how many more does he get before being sent down on waivers to one of the Texas Prison Leagues?

* * * * * * *

The above is a brief excerpt from the complete essay, available in the March 2006 issue of Harper's Magazine.

Notes

1. The report borrows from hundreds of open sources that have become a matter of public record - newspaper accounts, television broadcasts (Frontline, Meet the Press, Larry King Live, 60 Minutes, etc.), magazine articles (in The New Yorker, Vanity Fair, The New York Review of Books), sworn testimony in both the Senate and House of Representatives, books written by, among others, Bob Woodward, George Packer, Richard A. Clarke, James Mann, Mark Danner, Seymour Hersh, David Corn, James Bamford, Hans Blix, James Risen, Ron Suskind, Joseph Wilson. As the congressman had said, "Everything in plain sight; it isn't as if we don't know." [Back]

2. In January of 1998 the neoconservative Washington think tank The Project for the New American Century (which counts among its founding members Dick Cheney) sent a letter to Bill Clinton demanding "the removal of Saddam Hussein's regime from power" with a strong-minded "willingness to undertake military action." Together with Rumsfeld, six of the other seventeen signatories became members of the Bush's first administration - Elliott Abrams (now George W. Bush's deputy national security advisor), Richard Armitage (deputy secretary of state from 2001 to 2005), John Bolton (now U.S. ambassador to the U.N.), Richard Perle (chairman of the Defense Policy Board from 2001 to 2003), Paul Wolfowitz (deputy secretary of defense from 2001 to 2005), Robert Zoellick (now deputy secretary of state). President Clinton responded to the request by signing the Iraq Liberation Act, for which Congress appropriated $97 million for various clandestine operations inside the borders of Iraq. Two years later, in September 2000, The Project for the New American Century issued a document noting that the "unresolved conflict with Iraq provides the immediate justification" for the presence of the substantial American force in the Persian Gulf. [Back]

3. In a subsequent interview on 60 Minutes, Paul O'Neill, present in the meeting as the newly appointed secretary of the treasury, remembered being surprised by the degree of certainty: "From the very beginning, there was a conviction that Saddam Hussein was a bad person and that he needed to go.... It was all about finding a way to do it." [Back]

4. As early as September 20, Douglas Feith, undersecretary of defense for policy, drafted a memo suggesting that in retaliation for the September 11 attacks the United States should consider hitting terrorists outside the Middle East in the initial offensive, or perhaps deliberately selecting a non-Al Qaeda target like Iraq. [Back]

5. Abstracts of the notes and memoranda, known collectively as "The Downing Street Minutes," were published in the Sunday Times (London) in May 2005; their authenticity was undisputed by the British government. [Back]

6. The work didn't go unnoticed by people in the CIA, the Pentagon, and the State Department accustomed to making distinctions between a well-dressed rumor and a naked lie. In the spring of 2004, talking to a reporter from Vanity Fair, Greg Thielmann, the State Department officer responsible for assessing the threats of nuclear proliferation, said, "The American public was seriously misled. The Administration twisted, distorted and simplified intelligence in a way that led Americans to seriously misunderstand the nature of the Iraq threat. I'm not sure I can think of a worse act against the people in a democracy than a President distorting critical classified information." [Back]

7. The Group counted among its copywriters Karl Rove, senior political strategist, Andrew Card, White House chief of staff, National Security Advisor Condoleezza Rice, and Lewis "Scooter" Libby, Dick Cheney's chief of staff. [Back]

8. Card later told the New York Times that "from a marketing point of view...you don't introduce new products in August." [Back]

Lewis H. Lapham

- The Impeachment of George W. Bush -

- By Elizabeth Holtzman - January 30, 2006

Finally, it has started. People have begun to speak of impeaching President George W. Bush--not in hushed whispers but openly, in newspapers, on the Internet, in ordinary conversations and even in Congress. As a former member of Congress who sat on the House Judiciary Committee during the impeachment proceedings against President Richard Nixon, I believe they are right to do so.

I can still remember the sinking feeling in the pit of my stomach during those proceedings, when it became clear that the President had so systematically abused the powers of the presidency and so threatened the rule of law that he had to be removed from office. As a Democrat who opposed many of President Nixon's policies, I still found voting for his impeachment to be one of the most sobering and unpleasant tasks I ever had to undertake. None of the members of the committee took pleasure in voting for impeachment; after all, Democrat or Republican, Nixon was still our President.

At the time, I hoped that our committee's work would send a strong signal to future Presidents that they had to obey the rule of law. I was wrong.

Like many others, I have been deeply troubled by Bush's breathtaking scorn for our international treaty obligations under the United Nations Charter and the Geneva Conventions. I have also been disturbed by the torture scandals and the violations of US criminal laws at the highest levels of our government they may entail, something I have written about in these pages [see Holtzman, "Torture and Accountability", July 18/25, 2005]. These concerns have been compounded by growing evidence that the President deliberately misled the country into the war in Iraq. But it wasn't until the most recent revelations that President Bush directed the wiretapping of hundreds, possibly thousands, of Americans, in violation of the Foreign Intelligence Surveillance Act (FISA)--and argued that, as Commander in Chief, he had the right in the interests of national security to override our country's laws--that I felt the same sinking feeling in my stomach as I did during Watergate.

As a matter of constitutional law, these and other misdeeds constitute grounds for the impeachment of President Bush. A President, any President, who maintains that he is above the law--and repeatedly violates the law--thereby commits high crimes and misdemeanors, the constitutional standard for impeachment and removal from office. A high crime or misdemeanor is an archaic term that means a serious abuse of power, whether or not it is also a crime, that endangers our constitutional system of government.

The framers of our Constitution feared executive power run amok and provided the remedy of impeachment to protect against it. While impeachment is a last resort, and must never be lightly undertaken (a principle ignored during the proceedings against President Bill Clinton), neither can Congress shirk its responsibility to use that tool to safeguard our democracy. No President can be permitted to commit high crimes and misdemeanors with impunity.

But impeachment and removal from office will not happen unless the American people are convinced of its necessity after a full and fair inquiry into the facts and law is conducted. That inquiry must commence now.

Warrantless Wiretaps

On December 17 President Bush acknowledged that he repeatedly authorized wiretaps, without obtaining a warrant, of American citizens engaged in international calls. On the face of it, these warrantless wiretaps violate FISA, which requires court approval for national security wiretaps and sets up a special procedure for obtaining it. Violation of the law is a felony.

While many facts about these wiretaps are unknown, it now appears that thousands of calls were monitored and that the information obtained may have been widely circulated among federal agencies. It also appears that a number of government officials considered the warrantless wiretaps of dubious legality. Reportedly, several people in the National Security Agency refused to participate in them, and a deputy attorney general even declined to sign off on some aspects of these wiretaps. The special FISA court has raised concerns as well, and a judge on that court has resigned, apparently in protest.

FISA was enacted in 1978, against the backdrop of Watergate, to prevent the widespread abuses in domestic surveillance that were disclosed in Congressional hearings. Among his other abuses of power, President Nixon ordered the FBI to conduct warrantless wiretaps of seventeen journalists and White House staffers. Although Nixon claimed the wiretaps were done for national security purposes, they were undertaken for political purposes and were illegal. Just as Bush's warrantless wiretaps grew out of the 9/11 attacks, Nixon's illegal wiretaps grew out of the Vietnam War and the opposition to it. In fact, the first illegal Nixon wiretap was of a reporter who, in 1969, revealed the secret bombing of Cambodia, a program that President Nixon wanted to hide from the American people and Congress. Nixon's illegal wiretaps formed one of the many grounds for the articles of impeachment voted against him by a bipartisan majority of the House Judiciary Committee.

Congress explicitly intended FISA to strike a balance between the legitimate requirements of national security on the one hand and the need both to protect against presidential abuses and to safeguard personal privacy on the other. From Watergate, Congress knew that a President was fully capable of wiretapping under a false claim of national security. That is why the law requires court review of national security wiretaps. Congress understood that because of the huge invasion of privacy involved in wiretaps, there should be checks in place on the executive branch to protect against overzealous and unnecessary wiretapping. At the same time, Congress created special procedures to facilitate obtaining these warrants when justified. Congress also recognized the need for emergency action: The President was given the power to start a wiretap without a warrant as long as court permission was obtained within three days.

FISA can scarcely be claimed to create any obstacle to justified national security wiretaps. Since 1978, when the law was enacted, more than 10,000 national security warrants have been approved by the FISA court; only four have been turned down.

Two legal arguments have been offered for the President's right to violate the law, both of which have been seriously questioned by members of Congress of both parties and by the nonpartisan Congressional Research Service in a recent analysis. The first--highly dangerous in its sweep and implications--is that the President has the constitutional right as Commander in Chief to break any US law on the grounds of national security. As the CRS analysis points out, the Supreme Court has never upheld the President's right to do this in the area of wiretapping, nor has it ever granted the President a "monopoly over war-powers" or recognized him as "Commander in Chief of the country" as opposed to Commander in Chief of the Army and Navy. If the President is permitted to break the law on wiretapping on his own say-so, then a President can break any other law on his own say-so--a formula for dictatorship. This is not a theoretical danger: President Bush has recently claimed the right as Commander in Chief to violate the McCain amendment banning torture and degrading treatment of detainees. Nor is the requirement that national security be at stake any safeguard. We saw in Watergate how President Nixon falsely and cynically used that argument to cover up ordinary crimes and political misdeeds.

Ours is a government of limited power. We learn in elementary school the concept of checks and balances. Those checks do not vanish in wartime; the President's role as Commander in Chief does not swallow up Congress's powers or the Bill of Rights. Given the framers' skepticism about executive power and warmaking--there was no functional standing army at the beginning of the nation, so the President's powers as Commander in Chief depended on Congress's willingness to create and expand an army--it is impossible to find in the Constitution unilateral presidential authority to act against US citizens in a way that violates US laws, even in wartime. As Justice Sandra Day O'Connor recently wrote, "A state of war is not a blank check for the President when it comes to the rights of the nation's citizens."

The second legal argument in defense of Bush's warrantless wiretaps rests on an erroneous statutory interpretation. According to this argument, Congress authorized the Administration to place wiretaps without court approval when it adopted the 2001 resolution authorizing military force against the Taliban and Al Qaeda for the 9/11 attacks. In the first place, the force resolution doesn't mention wiretaps. And given that Congress has traditionally placed so many restrictions on wiretapping because of its extremely intrusive qualities, there would undoubtedly have been vigorous debate if anyone thought the force resolution would roll back FISA. In fact, the legislative history of the force resolution shows that Congress had no intention of broadening the scope of presidential warmaking powers to cover activity in the United States. According to Senator Tom Daschle, the former Senate majority leader who negotiated the resolution with the White House, the Administration wanted to include language explicitly enlarging the President's warmaking powers to include domestic activity. That language was rejected. Obviously, if the Administration felt it already had the power, it would not have tried to insert the language into the resolution.

What then was the reason for avoiding the FISA court? President Bush suggested that there was no time to get the warrants. But this cannot be true, because FISA permits wiretaps without warrants in emergencies as long as court approval is obtained within three days. Moreover, there is evidence that the President knew the warrantless wiretapping was illegal. In 2004, when the violations had been going on for some time, President Bush told a Buffalo, New York, audience that "a wiretap requires a court order." He went on to say that "when we're talking about chasing down terrorists, we're talking about getting a court order before we do so."

Indeed, the claim that to protect Americans the President needs to be able to avoid court review of his wiretap applications rings hollow. It is unclear why or in what way the existing law, requiring court approval, is not satisfactory. And, if the law is too cumbersome or inapplicable to modern technology, then it is unclear why the President did not seek to revise it instead of disregarding it and thus jeopardizing many otherwise legitimate anti-terrorism prosecutions. His defenders' claim that changing the law would have given away secrets is unacceptable. There are procedures for considering classified information in Congress. Since no good reason has been given for avoiding the FISA court, it is reasonable to suspect that the real reason may have been that the wiretaps, like those President Nixon ordered in Watergate, involved journalists or anti-Bush activists or were improper in other ways and would not have been approved.

It is also curious that President Bush seems so concerned with the imaginary dangers to Americans posed by US courts but remains so apparently unconcerned about fixing some of the real holes in our security. For example, FBI computers--which were unable to search two words at once, like "flight schools," a defect that impaired the Bureau's ability to identify the 9/11 attackers beforehand--still haven't been brought into the twenty-first century. Given Vice President Cheney's longstanding ambition to throw off the constraints on executive power imposed in response to Watergate and the Vietnam War, it may well be that the warrantless wiretap program has had much more to do with restoring the trappings of the Nixon imperial presidency than it ever had to do with protecting national security.

Subverting Our Democracy

A President can commit no more serious crime against our democracy than lying to Congress and the American people to get them to support a military action or war. It is not just that it is cowardly and abhorrent to trick others into giving their lives for a nonexistent threat, or even that making false statements might in some circumstances be a crime. It is that the decision to go to war is the gravest decision a nation can make, and in a democracy the people and their elected representatives, when there is no imminent attack on the United States to repel, have the right to make it. Given that the consequences can be death for hundreds, thousands or tens of thousands of people--as well as the diversion of vast sums of money to the war effort--the fraud cannot be tolerated. That both Lyndon Johnson and Richard Nixon were guilty of misleading the nation into military action and neither was impeached for it makes it more, not less, important to hold Bush accountable.

Once it was clear that no weapons of mass destruction would be found in Iraq, President Bush tried to blame "bad intelligence" for the decision to go to war, apparently to show that the WMD claim was not a deliberate deception. But bad intelligence had little or nothing to do with the main arguments used to win popular support for the invasion of Iraq.

First, there was no serious intelligence--good or bad--to support the Administration's suggestion that Saddam Hussein and Al Qaeda were in cahoots. Nonetheless, the Administration repeatedly tried to claim the connection to show that the invasion was a justified response to 9/11 (like the declaration of war against Japan for Pearl Harbor). The claim was a sheer fabrication.

Second, there was no reliable intelligence to support the Administration's claim that Saddam was about to acquire nuclear weapons capability. The specter of the "mushroom cloud," which frightened many Americans into believing that the invasion of Iraq was necessary for our self-defense, was made up out of whole cloth. As for the biological and chemical weapons, even if, as reported, the CIA director told the President that these existed in Iraq, the Administration still had plenty of information suggesting the contrary.

The deliberateness of the deception has also been confirmed by a British source: the Downing Street memo, the official record of Prime Minister Tony Blair's July 2002 meeting with his top Cabinet officials. At the meeting the chief of British intelligence, who had just returned from the United States, reported that "Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy." In other words, the Bush Administration was reported to be in the process of cooking up fake intelligence and facts to justify going to war in Iraq.

During the Nixon impeachment proceedings, I drafted the resolution of impeachment to hold President Nixon accountable for concealing from Congress the bombing of Cambodia he initiated. But the committee did not approve it, probably because it might appear political--in other words, stemming from opposition to the war instead of to the President's abuse of his warmaking powers.

With respect to President Bush and the Iraq War, there is not likely to be any such confusion. Most Americans know that his rationale for the war turned out to be untrue; for them the question is whether the President lied, and if so, what the remedies are for his misconduct.

The Failure to Take Care

Upon assuming the presidency, Bush took an oath of office in which he swore to take care that the laws would be faithfully executed. Impeachment cannot be used to remove a President for maladministration, as the debates on ratifying the Constitution show. But President Bush has been guilty of such gross incompetence or reckless indifference to his obligation to execute the laws faithfully as to call into question whether he takes his oath seriously or is capable of doing so.

The most egregious example is the conduct of the war in Iraq. Unconscionably and unaccountably, the Administration failed to provide US soldiers with bulletproof vests or appropriately armored vehicles. A recent Pentagon study disclosed that proper bulletproof vests would have saved hundreds of lives. Why wasn't the commencement of hostilities postponed until the troops were properly outfitted? There are numerous suggestions that the timing was prompted by political, not military, concerns. The United States was under no imminent threat of attack by Saddam Hussein, and the Administration knew it. They delayed the marketing of the war until Americans finished their summer vacations because "you don't introduce new products in August." As the Downing Street memo revealed, the timeline for the war was set to start thirty days before the 2002 Congressional elections.

And there was no serious plan for the aftermath of the war, a fact also noted in the Downing Street memo. The President's failure as Commander in Chief to protect the troops by arming them properly, and his failure to plan for the occupation, cost dearly in lives and taxpayer dollars. This was not mere negligence or oversight--in other words, maladministration--but reflected a reckless and grotesque disregard for the welfare of the troops and an utter indifference to the need for proper governance of a country after occupation. As such, these failures violated the requirements of the President's oath of office. If they are proven to be the product of political objectives, they could constitute impeachable offenses on those grounds alone.

Torture and Other Abuses of Power

President Bush recently proclaimed, "We do not torture." In view of the revelations of the CIA's secret jails and practice of rendition, not to mention the Abu Ghraib scandal, the statement borders on the absurd, recalling Nixon's famous claim, "I am not a crook." It has been well documented that abuse (including torture) of detainees by US personnel in connection with the wars in Afghanistan and Iraq has been systemic and widespread. Under the War Crimes Act of 1996 it is a crime for any US national to order or engage in the murder, torture or inhuman treatment of a detainee. (When a detainee death results, the act imposes the death penalty.) In addition, anyone in the chain of command who condones the abuse rather than stopping it could also be in violation of the act. The act simply implements the Geneva Conventions, which are the law of the land.

The evidence before us now suggests that the President himself may have authorized detainee abuse. In January 2002, after the Afghanistan war had begun, White House Counsel Alberto Gonzales advised President Bush in writing that US mistreatment of detainees might be criminally prosecutable under the War Crimes Act. Rather than order the possibly criminal behavior to stop, which under the Geneva Conventions and the War Crimes Act the President was obligated to do, Bush authorized an "opt-out" of the Geneva Conventions to try to shield the Americans who were abusing detainees from prosecution. In other words, the President's response to reports of detainee abuse was to prevent prosecution of the abusers, thereby implicitly condoning the abuse and authorizing its continuation. If torture or inhuman treatment of prisoners took place as a result of the President's conduct, then he himself may have violated the War Crimes Act, along with those who actually inflicted the abuse.

There are many other indications that the President has knowingly condoned detainee abuse. For example, he never removed Defense Secretary Rumsfeld from office or disciplined him, even though Rumsfeld accepted responsibility for the abuse scandal at Abu Ghraib, admitted hiding a detainee from the Red Cross--a violation of the Geneva Conventions and possibly the War Crimes Act, if the detainee was being abused--and issued orders (later withdrawn) for Guantánamo interrogations that violated the Geneva Conventions and possibly the War Crimes Act.

More recently, the President opposed the McCain Amendment barring torture when it was first proposed, and he tacitly supported Vice President Cheney's efforts to get language into the bill that would allow the CIA to torture or degrade detainees. Now, in his signing statement, the President announced that he has the right to violate the new law, claiming once again the right as Commander in Chief to break laws when it suits him.

Furthermore, despite the horrors of the Abu Ghraib scandal, no higher-ups have been held accountable. Only one officer of any significant rank has been punished. It is as though the Watergate inquiry stopped with the burglars, as the Nixon coverup tried and failed to accomplish. President Bush has made no serious effort to insure that the full scope of the scandal is uncovered or to hold any higher-ups responsible, perhaps because responsibility goes right to the White House.

It is imperative that a full investigation be undertaken of Bush's role in the systemic torture and abuse of detainees. Violating his oath of office, the Geneva Conventions and the War Crimes Act would constitute impeachable offenses.

Next Steps

Mobilizing the nation and Congress in support of investigations and the impeachment of President Bush is a critical task that has already begun, but it must intensify and grow. The American people stopped the Vietnam War--against the wishes of the President--and forced a reluctant Congress to act on the impeachment of President Nixon. And they can do the same with President Bush. The task has three elements: building public and Congressional support, getting Congress to undertake investigations into various aspects of presidential misconduct and changing the party makeup of Congress in the 2006 elections.

Drumming up public support means organizing rallies, spearheading letter-writing campaigns to newspapers, organizing petition drives, door-knocking in neighborhoods, handing out leaflets and deploying the full range of mobilizing tactics. Organizations like AfterDowningStreet.org and ImpeachPac.org, actively working on a campaign for impeachment, are able to draw on a remarkably solid base of public support. A Zogby poll taken in November--before the wiretap scandal--showed more than 50 percent of those questioned favored impeachment of President Bush if he lied about the war in Iraq.

An energized public must in turn bear down on Congress. Constituents should request meetings with their Senators and Representatives to educate them on impeachment. They can also make their case through e-mail, letters and phone calls. Representatives and Senators should be asked specifically to support hearings on and investigations into the deceptions that led to the Iraq War and President Bush's role in the torture scandals. Senators should also be asked to insure that the hearings already planned by the Senate Judiciary Committee into warrantless wiretaps are comprehensive. The hearings should evaluate whether the wiretaps were genuinely used for national security purposes and why the President chose to violate the law when it was so easy to comply with it. Representatives should specifically be asked to co-sponsor Congressman John Conyers's resolution calling for a full inquiry into presidential abuses.

Finally, if this pressure fails to produce results, attention must be focused on changing the political composition of the House and Senate in the upcoming 2006 elections. If a Republican Congress is unwilling to investigate and take appropriate action against a Republican President, then a Democratic Congress should replace it.

As awful as Watergate was, after the vote on impeachment and the resignation of President Nixon, the nation felt a huge sense of relief. Impeachment is a tortuous process, but now that President Bush has thrown down the gauntlet and virtually dared Congress to stop him from violating the law, nothing less is necessary to protect our constitutional system and preserve our democracy.

Send A Demand Letter to Your Representative in the US Congress!

Demand that Articles of Impeachment be Introduced Immediately

We must take action and demand that Congress uphold the US Constitution and hold Bush and other high government officials accountable for their actions in violation of the law and in violation of the trust of the American people. Impeachment is a constitutional imperative. Not only is it necessary as the means of accountability for high officials to the people of the United States. But it is required as a deterrent to prevent all those who would seek to hold high office from committing acts of lawlessness. This is a by partisan effort to protect the United State’s Constitution and the American people.

A Sample Letter To Friends & Family

Subject: Tell Congress to Impeach!

I just took a very important action on the VoteToImpeach.org/ImpeachBush.org website: I sent a letter to Congress demanding that Articles of Impeachment be introduced for Bush, Cheney, Donald Rumsfeld and other high officials.

I thought you might be interested in sending a similar message to the Congressional Representative in your District. I urge you to take action yourself and spread the word!

A Sample Letter To Your Representative in US Congress

Your Representative Name .....................
United States House of Representatives
2331 Rayburn House Office Building
Washington, DC 20515-0001

Dear Representative .....................,

The Bush administration lied to the people and Congress about the justifications for going to war in Iraq. It has now been revealed that Bush, like Nixon three decades ago, has carried out an illegal wiretapping program against the people of this country. These are serious offenses, which constitute High Crimes and Misdemeanors. I urge you to support impeachment immediately, in order to save the Constitution.

Sincerely,

Your Name

You can also do it by going to - http://www.ImpeachBush.org/