To the impeachonistas (if that's the right word) on dkos who know me as a persistent critic of fanciful ideas about rushing the ramparts to impeach Bush, I offer some consolation in the form of an encouragement toward impeaching Cheney. There is good reason to believe that Cheney committed conspiracy and obstructed justice in the Valerie Plama case. The natural reluctance of the Congress to start impeachment hearings on Cheney while the Fitzgerald enquiry and the Libby trial was in progress can now be laid aside. It is time to start hearings for Cheney to be removed for the commission of at least 2 felonies: conspiracy and obstruction of justice.
The allegation is that Cheney initiated and lead the effort to discredit Joe Wilson, and as part of that effort knowingly and maliciously conspired with Scooter Libby, Richard Armitage and others to divulge the identity of an undercover intelligence agent, Valerie Plame.
What defence will the VP offer to this charge? He will probably cite authorization by the President to declassify any secret information he likes, and therefore no crime was committed. Hence, no conspiracy. I think the prosecution will argue that this finding by the President is in fact unlawful. The relevant legislation cannot be over-ridden simply because the President says so. He does swear to uphold the laws of the United States, does he not? The Congress has a right to expect that the laws it enacts are followed to the letter by everyone, including the Executive. For example, the VP may not drive drunk in DC even if the President signs an authorization saying that he can. The President cannot authorize the VP to rape an intern. The law is the law. Presidential authorization is only valid when it does not conflict with existing law.
The second allegation is that Cheney obstructed justice by offering Libby inducements not to tell the truth to the Grand Jury. Interfering with testimony, coordinating testimony, and suborning witnesses is a felony, obviously. The key to supporting this allegation is (a) subpoena of all documents from the VP's office, and (b) calling Armitage and Libby before the House. If the VP, as expected, refuses to hand over all the relevant documents, take him to court, and cite him for contempt of Congress. Armitage and Libby will be under oath. Lying or refusing to answer questions will land them in jail. No Presidential pardon or commutation will help them then. Subpoenas for a bunch of other VP staff may also yield useful information. We'll see who sings.
I have generally been very reluctant to see an impeachment go forward for Bush himself, not because it isn't deserved, but because it had no real chance of success. If you mean to kill the King, you must kill the King. In the Cheney case, I think the prima facie evidence is there. The public support is there, and most importantly the Republican support is there. As the Italians would say: FORZA!