Impeachment now or apocalypse later?
By Bernard Weiner
Online Journal Guest Writer
Apr 23, 2008, 00:11
The political noose seems to be tightening on the key
members of the remaining miscreants down in the White House bunker -- mainly
Bush, Cheney, Rice, Addington and Mukasey. (Rumsfeld, Ashcroft, Gonzales,
Powell and Tenet were pushed out the door earlier.) But will the Democrats,
having been provided with smoking gun-type evidence of these officials' high
crimes and misdemeanors, take the next logical step to end this continuing
nightmare of law-breaking at the highest levels?
Torture authorized from on high
After eight years, the multiple examples of ethical and
felonious crimes of the Bush administration are now abundantly clear and beyond
rational dispute. Most compelling among them is the crime of authorizing
torture as state policy.
In recent days, we've learned that George W.
Bush signed orders authorizing torture, and admitted that he
approved of the deliberations by his National Security Council's Principals
Committee on the torture regime being set up for a few high-value prisoners. (Which,
of course, filtered down to how thousands of suspected terrorists were
Bush has conceded that his Principals (Cheney, Rumsfeld,
Rice, Ashcroft, Powell, Tenet) kept him apprised of their deliberations on
which suspected terrorists would undergo which forms of torture, according to ABC
News' recent blockbuster story.
The meetings of the Principals, according to ABC, took place
in early 2002 at least four months before the administration's famous Bybee/Yoo
memos were issued that retroactively sought to provide legal justification for
the torture. (Short version of those memoranda: The president is above all U.S.
laws and international treaties.)
During those Principals' meetings, Dick Cheney was a driving
force behind the use of "harsh interrogations" of the prisoners in
U.S. care. Other members were more worried about what they were doing. In the
ABC story, according to a top official, John Ashcroft asked aloud after one
meeting: "Why are we talking about this in the White House? History will
not judge this kindly."
Condoleezza Rice, then national security advisor,
aggressively chaired the Principals' torture meetings. Despite some occasional
misgivings voiced by Ashcroft and Colin Powell about the "enhanced
interrogation" techniques being employed, Rice told the CIA: "This is
your baby. Go
Trying to make torture "legal"
Torture, as commonly understood and defined, is illegal
under both U.S. law and international treaties that American governments have
ratified over the decades. Bush&Co. had to come up with a way to torture
suspects but not to appear to be doing so. Here's how it worked: Officials felt
they could honestly assert that the administration didn't approve of or
authorize torture because under the new definition supplied in the Bybee/Yoo
memos, it was torture only if the prisoners were near-death or their internal
organs were about to fail as a result of their treatment. In other words, the
administration simply made everything else legal: beatings, near-drownings,
electroshocks to the genitals, stress positions, sexual abuse, etc. Only if the
interrogators killed the prisoners or were close to doing so would they have crossed over the line. See my Control the
Dictionary, Control the World.
It turns out that David Addington, Cheney's then-legal
counsel who has since replaced Scooter Libby as Cheney's chief of staff, was at
the locus of the cockamamie reasoning behind both the Bybee/Yoo torture memos
and the "unitary executive" theory of governance. The latter asserts
that the president is in charge of basically everything governmental and can't
be touched; further, the Bybee/Yoo memos assert the president cannot be
second-guessed when he claims to be acting as "commander in chief"
Of course, there has been no congressional Declaration of
War, as the Constitution requires; the "war" -- at an estimated cost
of several trillions(!) of dollars -- is the "War on Terror," which,
since it's being waged against a tactic, can never be completely won and thus
is never-ending. In short, the president, under this asserted legal cover, can
act more or less as a dictator forever, including declaring martial law
whenever he deems an "emergency" situation prevails. (Suppose, for
example, the ballot-counting books are cooked in November and the Democratic
candidate once again has a victory stolen away. There could be mass protests,
perhaps even riots, in the streets. A potential "civic emergency"
Mukasey's false testimony
Michael Mukasey, who promised he would be an independent
attorney general, has turned out to be just as much of a lackey for the
administration as his predecessor, Alberto Gonzales. Mukasey seems to feel, as
Gonzales did, that he doesn't work for the public but is there to ensure that
his bosses stay out of jail. (Interesting side note: Barack Obama says that, if
elected, he would ask his attorney general to investigate whether Bush and
Cheney might have committed indictable crimes
while in office.)
But what really got Mukasey into hot water in recent days
was his assertion that the U.S. knew that a terrorist in Afghanistan was
calling someone inside the U.S. prior to the 9/11 attack but the supposedly
"outdated" FISA laws wouldn't permit the administration to tap that
phone call and thus prevent the 9/11 events from happening. Mukasey was using
that fallacious argument in 2008 as a scare tactic for why the Bush
administration needed congressional reauthorization immediately of the NSA's
domestic-spying program, complete with built-in amnesty for the big telecom
companies working in cahoots with the administration.
But Mukasey's explanation is total B.S.
Greenwald and others have made clear, under then-existing FISA law, the
Bush administration could have eavesdropped on the pre-9/11 call and didn't
really need any more draconian spying programs. (Mukasey has since tried to tap
dance away from having misled Congress.)
The whole object of the Bush administration, in this and
every other matter, has been to amass total control of information and
intelligence in the White House, cutting out the courts (in this case,
specifically the FISA Court) and Congress. They want full freedom to operate
outside the law, with nobody -- no judges, no legislators, no reporters --
looking over their shoulders at what they might be up to, and telling them what
they can or cannot do. It's possible that at least one aim of the domestic
spying programs is to learn from secret phone-taps and emails what their
political enemies are thinking.
Things on and off the table
Okay, so Cheney, Bush, Rice, Mukasey, Addington (and no
doubt others not quite as prominent) are dirty; involved in activities beyond
and outside the law. In other words, they have engaged, and are still engaged,
in high crimes and misdemeanors. What's to be done?
There's more than enough documented evidence to justify, at
the very least, an impeachment hearing in the House. Potentially, if the
committee voted to go forward, there could well be enough support to convict in
the Senate from both Democrats and Republicans worried about their electoral
chances in 2008.
But nothing can happen unless or until the majority
Democratic leaders in both the House and Senate make the collective decision to
begin the impeachment process with hearings in the House Judiciary Committee.
But House Speaker Nancy Pelosi, Senate Majority Leader Harry
Reid and House Judiciary Chairman John Conyers are sticking to their guns that
impeachment is "off the table."
Their reasons for avoiding action
Let's examine the main reasons why the congressional
Democratic leaders refuse to budge from this policy, and how they might be made
to change their minds. Their arguments appear to rest on four basic premises:
1. Breaking the impeachment cycle. The Democrats
moved to impeach Republican President Richard Nixon (who resigned before articles
of impeachment were adopted), then the Republicans impeached Democratic
President Bill Clinton and tried him in the Senate (not for treason or
malfeasance in office but for lying about a sexual dalliance. He was
acquitted). Putting Cheney and Bush on trial in the Senate, according to this
reasoning, might be seen as tit-for-tat partisan vengeance.
In this argument, the impeachment option is being overused
for political reasons and risks becoming cyclical each time one party controls
Congress and the other controls the White House.
A Democrat may win the presidency in 2008. Unless the
impeachment cycle is broken now, this reasoning goes, a future Democratic
president might become the object of a vendetta by forces of the Republican
right wing, anxious for some payback.
2. Impeachment would hamper getting essential
congressional business done. The Democratic leadership says that preparing
and conducting impeachment hearings would use up all the political oxygen and
energy in Congress, making it virtually impossible to deal legislatively with
The question is whether the Democrats are having any success
right now dealing with these important legislative matters. Looking at the
situation realistically, it's obvious that not much essential business is being
conducted, let alone completed.
The Republicans filibuster, or threaten to, at which point
the Dems back off their legislation; if a bill by the Democratic majority does
manage to sneak through, Bush either vetoes it or issues a "signing
statement" saying he won't obey the new law. Virtually all matters of
import are being postponed until after the new president is installed next
3. Why rock the boat? Why risk the opprobrium of
Independent and moderate-Republican voters in November, who might think the
Democrats are "piling on" for partisan, electoral reasons, and thus
decide to vote for the Republican nominee?
The Democratic leadership's argument goes: "Look, the
Republicans are on the ropes as a result of this incompetent, corrupt, greedy,
war-mongering administration. As a result, we're well positioned to enlarge our
electoral gains in the House and the Senate, maybe to the point of being able
to prevent obstructionist Republicans from filibustering needed legislation. And
we may well take back the White House. So why rock the boat?
"Let's just last out CheneyBush's final months in
office [the Dem argument continues]. Since we know that this unpopular pair
will continue to earn the disdain and anger of the American public by
continuing their extremist ways until Inauguration Day in January. It's better
they remain in office rather than risk firing up GOP-base passions during the
election campaign by putting Bush and Cheney in the impeachment dock. Besides,
if we impeached them, the public's focus would fasten on Bush and Cheney rather
than on the Republican nominee and the dangers of a possible McCain
In short, the American people, this reasoning goes, want to
quickly move away from thinking about the godawful CheneyBush administration of
the past eight years and head to a more optimistic, hopeful future.
4. The fear of being slimed. The Democrats don't want
to be accused of being "unpatriotic" by putting a "wartime"
president into the impeachment dock. Even though Bush is the most unpopular
president in history, and though more than three-quarters of American citizens
think under his leadership the country is "on the wrong track," the
Democrats, anxious for an election sweep in the House and Senate, remain terrified
of Rovian-type Swiftboating smears that could possibly cost them some votes in
November and in the 2010 midterm election.
Realizing that the Bushistas still control the mainstream,
corporate-owned media, and, thus, have all sorts of TV/radio/newspaper
organizations that could dump on them big time, the Democrats continue to roll
over and make nice to the shrinking but noisy Republican base and their
TV/radio pundits. In other words, the Dems are perennial wimps and haven't yet
figured out how best to confront the smash-mouth, take-no-prisoners politics of
Rove & Co.
I strongly disagree with these four rationales for inaction,
but at least I can understand where they're coming from. But the Democrats,
especially their leaders, are simply ignoring some essential arguments.
Rebuttal: Why not impeachment?
1. Nine months is a longnnnnnnnnnnnnng time. Between
now and January 2009, a full nine months from now, CheneyBush are capable of
doing a hell of a lot of further damage to the body politic, to the economy, to
the Constitution, to the reputation of the U.S. abroad, to the armed forces, to
the "enemy" countries in their crosshairs. The propaganda campaign
being catapulted against Iran, for example, is nearly a carbon copy of what
took place before the U.S. bombed, invaded and occupied Iraq. The neocons in
the administration, especially Cheney and Bush, are salivating at the prospect
of an enormous air assault on Iran's military establishment and laboratories,
have positioned attack forces near and around Iran, and are ready to rumble.
All they need is an acceptable causus belli.
A cornered CheneyBush&Co. down in the bunker may decide
what the hell, to unleash the dogs of war again, even though their two previous
unleashings have been disasters. Iraq is a catastrophic quagmire of epic
proportions, and a somewhat ignored Afghanistan is heating up again with the
Taliban reasserting control of larger and larger portions of the country.
In addition, John McCain is making it clear that he will be
continuing the administration's foreign and domestic policies if he were to win
in November. He's said it would be fine for America to stay in Iraq for a
hundred years or more; he's indicated that he's quite amenable (maybe even
eager) to "bomb, bomb, bomb" Iran; he won't do much to help deal with
the consequences of global warming; he has little to offer in the way of
solutions for the financial mess the country is in -- we're talking a possible
foreign policy-economic-environmental apocalypse here!
2. The danger of a green light. Impeachment is an
important and necessary step Americans can take to rein in an out-of-control
administration that is endangering the country's national security with its
reckless, extreme misadventures.
Taking the possibility of impeachment "off the
table" is to fight the CheneyBush administration with one hand tied behind
the back. Bush&Co. have demonstrated over the past eight years that they
understand, and respond to, only one thing: countervailing power that refuses
to give in. The ultimate effective weapon in the legislative branch's arsenal
is the fear of impeachment and conviction and removal from power, to be
followed either by "war crimes" charges internationally and felony
and civil suits inside the U.S.
Absent the possibility of impeachment, Cheney and Bush feel
they have a green light to do whatever they wish in the time remaining of their
tenure. Waxman and Leahy can try to humiliate and embarrass them in their
congressional one-day hearings, but they will face no real accountability or
punishment for their actions. So why not continue the corruption, attack Iran,
appoint more ideologues to the courts and into high administrative positions,
postpone any global warming solutions, etc. etc.?
3. The precedent of respecting the law. Whenever
leaders are not punished for their unethical policies or criminal misdeeds, the
rule of law suffers. Impeachment is mentioned several times in the Constitution
as the legal and required remedy for extreme misrule. It's the last option for
citizens, through their legislators, to discipline errant leaders.
If the Congress does not impeach this president and vice
president, who have nearly taken the country down as a result of their
reckless, dangerous, incompetent, authoritarian behavior, then the rule of law
stands for nothing. And future elected leaders can legitimately believe that
they more or less can also get away with anything they wish to do.
Putting Cheney and Bush into the impeachment dock is to
assert the primacy of the rule of law under our system of governance, and would
serve as a clear warning shot across the bow of future presidents.
4. Force CheneyBush to play defense. There is one
other advantage to initiating impeachment hearings ASAP for Bush and Cheney.
The Bush&Co. juggernaut is most effective when on the offensive and their
opponents are put on the defensive. The Bushistas don't like, and don't do
well, when they're forced to play defense. Tying them up in defending
themselves in impeachment hearings and/or impeachment trials might well prevent
them from doing more mischief before they give up the reins of power. (Many
Republicans were convinced they would never convict Bill Clinton in the Senate
but figured the trial was worth doing anyway because it would hog-tie Clinton's
agenda for the rest of his presidency -- and they were correct.)
A final side-benefit of
impeaching Bush and Cheney: John McCain would find himself on the campaign
trail being forced to take positions on torture and signing statements at the
heart of the impeachment hearings, and, more often than not, would wind up
either defending those unpopular policies or promising never to repeat them.
Will the Dems surprise us all?
Will the congressional Democratic leaders change their
attitude toward impeachment?
I think the answer is a clear No, unless their
constituencies loudly and unwaveringly tell them they have to or risk the
consequences at the ballot box, or in the possible establishment of a new, grassroots-engendered
party after the November election that will demonstrate the courage and passion
for ethical and reality-based government that is so lacking in today's timid,
Bush-enabling Democratic Party.
That, unfortunately, is where we are politically in the
spring of 2008. It doesn't have to be this way.
Copyright � 2008
Weiner, Ph.D., has taught government & international relations at various
universities, worked as a writer/editor with the San Francisco Chronicle,
and currently co-edits The Crisis Papers.
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