Gonzales Must still be Impeached!
Mon Aug 27, 2007 at 06:28:28 AM PDT
While Gonzales like so many other members of this criminal administration try to slink out of the spotlight by resigning, we must not allow this to occur.
Testimony from the various investigations show that Gonzales was a co-conspirator in virtually every criminal act committed by this administration. From the initial planning stages with Cheney and John Yoo on the torture memos and the NSA/NSC wiretap FISA violations to the drafting of the Unitary Executive rationale for Bush's signing statements, Gonzales has been in the thick of it.
There is a precedent and solid reasons for bringing him back to face impeachment.
The Belknap Precedent
Impeachment of Secretary of War William Belknap, in the aftermath of the Civil War, is the only precedent for using these proceedings against subordinate executive officers. Belknap was said to be involved in a kickback scheme involving military contracts. Just hours before the House was to vote to impeach him, Belknap resigned. Nonetheless, on March 2, 1876, the House impeached the former cabinet officer, and the five articles of impeachment were presented to the Senate.
The Senate trial lasted five months. (Today, such a trial would likely be handled by a trial committee of twelve senators, with a final debate and vote by the full Senate.) A central issue in the Belknap case was whether his resignation had terminated the jurisdiction of the Congress, and whether impeachment was still appropriate when his removal was no longer at issue. The Chairman of the House Judiciary Committee, Representative J. Proctor Knott, who was trying the case before the Senate, explained the controversy as follows:
"Was the only purpose of this disqualification simply to preserve the Government from the danger to be apprehended from the single convicted criminal?" Knott rhetorically asked. "Very far from it, sir. That in reality constituted but a very small part of the design.
The great object, after all, was that his infamy might be rendered conspicuous, historic, eternal, in order to prevent the occurrence of like offenses in the future. The purpose was not simply to harass, to persecute, to wantonly degrade, or take vengeance upon a single individual; but it was that other officials through all time might profit by his punishment, might be warned by his political ostracism, by the ever-lasting stigma fixed upon his name by the most august tribunal on earth, to avoid the dangers upon which he wrecked, and withstand the temptations under which he fell; to teach them that if they should fall under like temptations they will fall, like Lucifer, never to rise again."
http://writ.news.findlaw.com/...
Congress can and should still impeach him because they can by a simple majority vote in the House actually ban him from ever having another government job.
The damage that has been done by this administration to our Constitution, Bill of Rights, Legal system, military, our Treasury... indeed the fabric of America... demand an accounting!
As Rep. J. Proctor Knott said in 1876, "to teach them that if they should fall under like temptations they will fall, like Lucifer, never to rise again."
John Dean correctly argues the rationale for this:
Focusing On Bush Administration Officials
Lowering the aim of an impeachment effort to focus on those who have aided and abetted, or directly engaged in, the commission of high crimes and misdemeanors, would have all the positives, and none of the negatives, of going after Bush and Cheney. It would not be an effort to overturn the 2004 election, but rather to rid the government of those who have participated, along with Bush and Cheney, in abuses and misuses of power; indeed, many among them have actually encouraged Bush and Cheney to undertake the offensive activities.
Many of these men (and a few women) are young enough that it is very likely that they will return to other posts in future Republican Administrations, and based on their experience in the Bush/Cheney Administration, they can be expected to make the offensive conduct of this presidency the baseline for the next president they serve. Impeachment, however, would prevent that from happening.
It will be recalled that Article I, Section 3 of the Constitution states: "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." (Emphasis added.) After any civil officer has been impeached, under the rules of the Senate, it requires only a simple majority vote to add the disqualification from holding future office.
And there is a fast track Impeachment process to do it with:
The House Judiciary Committee Should Undertake Appropriate Proceedings
Given the number of officials within the Bush Administration who may have been engaged in Constitutional high crimes or misdemeanors, and the nature of the impeachment process, there is no shortage of civil officers worthy of consideration. Where there is clear prima facie evidence of such constitutional misconduct, impeachment action should be commenced.
The way the process works is that a bill of impeachment is introduced in the House, where it is referred to the House Judiciary Committee. Acting as a grand jury, the Judiciary Committee then decides if there is sufficient evidence to warrant a full inquiry. If its members believe there is, they refer the matter to the full House for a vote, and if a majority of the House agrees, the matter is returned to the Judiciary Committee for fact-finding - compelling witnesses to testify, and compelling the production of documents. A simple majority of the Judiciary Committee can then send recommended articles of impeachment to the floor of the House, and a simple majority of the House can send them on to the Senate for trial. They are privileged, and the Senate must hold a trial.
http://writ.news.findlaw.com/...
Permalink | 5 comments