The resolution to censure President Bush for violating the FISA Act and the 4th Amendment, introduced by Sen. Russ Feingold, has not been very well received by many members of Congress. This is somewhat surprising when one considers what some of these same members had to say about then President Bill Clinton, who lied about consensual sex between two adults.
It may help to be reminded of just that. Make the jump to read more:
Sen. John McCain had some stright talk:
Mr. Chief Justice, I intend to vote to convict the President of the United States on both articles of impeachment. To say I do so with regret will sound trite to some, but I mean it sincerely. I deeply regret that this day has come to pass.
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But are these articles of impeachment of sufficient gravity to warrant removal or can we seek their redress by some other means short of removing the President from office? Some of those who argue for a lesser sanction, including the President's able counsel, contend that irrespective of the President's guilt or innocence, neither of the articles charge him with high crimes and misdemeanors.
Another man who would be president, Sen. Bill Frist, had this to say:
I rise to explain my decision to convict President William Jefferson Clinton on two Articles of Impeachment charging him with High Crimes and Misdemeanors.
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The jury instructions used in federal courts explain what must be established to meet this burden of proof:
Proof beyond a reasonable doubt does not mean proof beyond all possible doubt. Possible doubts or doubts based purely on speculation are not reasonable doubts. A reasonable doubt is based on reason and common sense. It may arise from evidence, the lack of evidence, or the nature of the evidence.
Proof beyond a reasonable doubt means proof which is so convincing that you would not hesitate to rely and act on it in making the most important decisions in your own lives.
In the end, I concluded beyond a reasonable doubt that President Clinton repeatedly lied under oath before a federal grand jury. I also concluded beyond a reasonable doubt that he engaged in a calculated, premeditated campaign to obstruct justice.
Sen. Sam Brownback would not be outdone, and thought the trial wasn't even needed:
I rise today to address a subject that is both extraordinarily difficult and painful. In times of international turmoil, the nation should rally behind our leader. We're in the midst of such times. But President Clinton's abdication of the duties of leadership has made this impossible.
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Rather, I rise today to respectfully ask President Clinton to do the right thing for our country and resign from office voluntarily.
There are three reasons why I believe this has become necessary at this point in time. First, the President's conduct has all but destroyed his ability to lead as head of state and commander in chief. Second, the President's actions have been corrosive to our national character and have debased the office of the presidency. And, third, President Clinton should spare our nation the debilitating spectacle of impeachment hearings.
John Ashcroft would go on to be our Attorney General, and so understood the axiom "innocent until proven guilty":
If I were to look beyond the evidence in the case, to public opinion polls, then a path to a decision would be clear. A large majority of Americans, for example, believe that the President committed perjury, but do not think that he should be removed from office. I am sure that those surveyed considered a variety of factors and did not limit themselves to the Senate record. More than anything else, these poll results reflect the American people's capacity for forgiveness. I share this desire to forgive the President for his admitted mistakes. However, the forgiveness we grant in our capacity as individuals must be distinguished from the government's responsibility to remedy wrongdoing. We routinely ask jurors to sentence defendants in accordance with the law, even though they may forgive the defendant. That is the same responsibility that the Constitution and my oath impose on me in this proceeding.
On the other hand, if I were simply to vote my conscience as to whether I believe the President's continued service is good for our country and our culture, that is a clear path as well. From the very outset, I have stated consistently that if the allegations were true concerning the President's relationship with Ms. Lewinsky, then the President has disgraced himself and his office, and should resign. In my view, the confessed facts of the President's conduct in the Oval Office make his continued presence an obstacle to the healing our culture. The honorable course would be for the President to resign, to allow the nation to heal from the wounds he has inflicted.
Sen. Rick "Little Ricky" Santorum was able to profer more than a bumper sticker back then:
"Today, I was required to cast two of the most difficult votes of my congressional career. After weeks of personal reflection and studying the evidence and facts presented to me, I voted guilty on both articles of impeachment.
The purpose of this ordeal was never to punish the President, but to protect the Republic. We in the Senate never asked for this mission, but having found it on our plates, our obligation under the Constitution was to move forward and to exercise impartial justice. That principle has been uppermost in my mind, and I am confident my vote accurately reflects fulfillment of this mission.
Considering the charge to protect the Republic, there were several factors I felt paramount. First is that the President's ability to lead has been diminished. Second, I considered the impact the President's actions had on the American justice system. What makes our constitutional democracy so great is the rule of law. The President's conduct has not destroyed our rule of law, but it certainly could have an eroding effect.
And my own senator, Olympia Snowe, who voted against convicting Clinton, did have this:
I rise in support of censure because while I do not find that the President's behavior constitutes high crimes and misdemeanors requiring removal, I do believe that it compels us to record for history our recognition of the damage we all acknowledge he has inflicted upon the Office of the Presidency and the Nation.
I urge you to find more of these statements, add them here and diseminate them freely, especially to your local press (you may have to write a Letter to the Editor).
