MindSpinner

People who actually keep up saw this article in Salon two days ago, when I was correcting yearbook pages:

Bush’s impeachable offense
Yes, the president committed a federal crime by wiretapping Americans, say constitutional scholars, former intelligence officers and politicians. What’s missing is the political will to impeach him.

The Bush administration has mounted a frontal attack on values many Americans hold dear and demonstrates little evidence that it is capable of grappling with reality or governing with competence. Now we learn that Bush has been systematically side-stepping the Constitution that ensures the integrity of our democracy and the rights of our people. Indeed, here at last, is an identifiably impeachable offense which is only a part of a larger pattern of behavior - an abuse of power executed through a measure of secrecy and, always, it seems, a measure of deception.

One of the books I care very much to read with students is Orwell’s Animal Farm. I feel as if that little parable is being played out before us right now. Every time my students and I encounter that little book, we talk about the importance of education, of keeping vigilant watch over government, of speaking out before it is really too late when we see abuses of power. I do not believe America can stand by and hand over power blindly to the executive branch without unbecoming what she has been and was meant to be. She’ll be selling her soul. We’ll be selling her soul. Handing over the farm to the pigs.

Though, thankfully, there are courageous exceptions, the will the average politician musters to act bravely derives primarily from the will of the people. My will. Your will. This is not a time for acquiescence. Not a time for silence. Whether we impeach this president or otherwise emphatically contain his penchant for exercising power unilaterally and in ways we cannot approve, we cannot let his abuses go unchallenged.

I’ve excerpted a big chunk of the Salon article below, just to make it ready reading:

“The American public has to understand that a crime has been committed, a serious crime,” Chris Pyle, a professor of politics at Mount Holyoke College and an expert on government surveillance of civilians, tells Salon. “Looking at this controversy objectively, you inevitably end up with a question of impeachment,” says Jonathan Turley, a professor at the George Washington University School of Law.

On Dec. 18, Rep. John Conyers, D-Mich., the highest-ranking Democrat on the House Judiciary Committee, released a 250-page report detailing Bush’s misconduct and, on his Web site, called for the creation of a select committee to investigate “those offenses which appear to rise to the level of impeachment.” Rep. John Lewis, D-Ga., said in a radio interview that he would support trying Bush. “If there is a move to impeach the president, I will sign that bill of impeachment,” he said.

Assessing the controversy, Newsweek columnist Jonathan Alter wrote on Dec. 19, “This will all play out eventually in congressional committees and in the United States Supreme Court. If the Democrats regain control of Congress, there may even be articles of impeachment introduced. Similar abuse of power was part of the impeachment charge brought against Richard Nixon in 1974.”

It was bracing to see impeachment mentioned as a possibility in the mainstream media. But experts say it’s not unreasonable. According to Turley, there’s little question Bush committed a federal crime by violating the 1978 Foreign Intelligence Surveillance Act.

The act authorizes a secret court to issue warrants to eavesdrop on potential suspects, or anyone even remotely connected to them, inside the United States. The bar to obtain a FISA warrant is low; more than 15,000 have been granted, with only four requests denied since 1979. In emergency situations, the government can even apply for FISA warrants retroactively. Nevertheless, Bush chose not to comply with FISA’s minimal requirements.

“The fact is, the federal law is perfectly clear,” Turley says. “At the heart of this operation was a federal crime. The president has already conceded that he personally ordered that crime and renewed that order at least 30 times. This would clearly satisfy the standard of high crimes and misdemeanors for the purpose of an impeachment.”

Turley is no Democratic partisan; he testified to Congress in favor of Bill Clinton’s impeachment. “Many of my Republican friends joined in that hearing and insisted that this was a matter of defending the rule of law, and had nothing to do with political antagonism,” he says. “I’m surprised that many of those same voices are silent. The crime in this case was a knowing and premeditated act. This operation violated not just the federal statute but the United States Constitution. For Republicans to suggest that this is not a legitimate question of federal crimes makes a mockery of their position during the Clinton period. For Republicans, this is the ultimate test of principle.”

Of course, that may be exactly the problem. While noted experts — including a few Republicans — are saying Bush should be impeached, few think he will be. It’s not clear that the political will exists to hold the president to account. “We have finally reached the constitutional Rubicon,” Turley says. “If Congress cannot stand firm against the open violation of federal law by the president, then we have truly become an autocracy.”

Similar fears are voiced by Bruce Fein, a former associate deputy attorney general under President Ronald Reagan. Fein is very much a member of the right. He once published a column arguing that “President George W. Bush should pack the United States Supreme Court with philosophical clones of Justices Antonin Scalia and Clarence Thomas and defeated nominee Robert H. Bork.”

Suddenly, though, Fein is talking about Bush as a threat to America. “President Bush presents a clear and present danger to the rule of law,” he wrote in the right-wing Washington Times on Dec. 20. “He cannot be trusted to conduct the war against global terrorism with a decent respect for civil liberties and checks against executive abuses. Congress should swiftly enact a code that would require Mr. Bush to obtain legislative consent for every counterterrorism measure that would materially impair individual freedoms.”

What alarms Fein is not only that Bush has broken laws but also that he has repeatedly shown contempt for the separation of powers. Fein wants to see congressional hearings that would explore whether Bush accepts any constitutional limitation on his own authority.

“The most important thing to me, in terms of thinking about the issue of impeachment, is to recognize that the Constitution does place a value on continuity,” Fein says. “We don’t want to have a situation where you make a single error, and you’re exposed to an impeachment proceeding.”

Fein says Congress should probe Bush on whether he plans to keep “skating the edge” of federal law by trying to concentrate power in the executive branch. “That’s the key. It’s that probing that’s essential to knowing whether we’re dealing with somebody who’s really a dangerous guy. If he maintains this disregard or contempt for the coordinate branches of government, it’s that conception of an omnipotent presidency that makes the occupant a dangerous person. We just can’t sacrifice our liberties for ourselves and our posterity by permitting someone who thinks the state is him, and nobody else, to continue in office.”

In fact, though, that may be exactly what America is permitting Bush to do. “Politically, I see no possibility that impeachment will succeed,” says Jonathan Entin, a professor of political science and law at Case Western Reserve University.