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PRESIDENT BUSH VIOLATED FEDERAL LAW
AND SHOULD BE IMPEACHED

Tod Landis
January  14,  2006

Senator Leahy made these comments during his questioning of Judge Samuel Alito at one of the Judiciary Committee confirmation hearings last week:

[During Watergate] We had had President Nixon's enemies lists with breaking into doctors' offices and wiretapping of innocent Americans, and so on. After that, the Congress, in a strong bipartisan effort, passed the FISA [Foreign Intelligence Surveillance Act of 1978] legislation. We have that court that they can handle applications in secret for wiretaps or surveillance, if necessary for national security.

Now, we’ve just learned that the President has chosen to ignore the FISA law and the FISA court. He's issued secret orders. And according to the press and the President's own press conference, time after time after time, secret orders for domestically spying on American citizens without obtaining a warrant.

and added:

...we found out that the Department of Defense was going around -- this makes me think of COINTEL-PRO during the Vietnam War -- they’re going around the country photographing and spying on people who are protesting the war in Iraq. They went, according to the press, and spied on Quakers in Vermont.

In other words, Senator Leahy has evidence that President Bush violated the Foreign Intelligence Surveillance Act.  Senator Specter asked a similar series of questions concerning the Bush Administration and potential FISA act violations [5].

It turns out that violating federal law is nothing new for the Bush Administration.  Last month Representative John Conyers, the ranking Democrat on the House Judiciary Committee released a report prepared by his staff, which he described this way:

In brief, we have found that there is substantial evidence the President, the Vice-President and other high ranking members of the Bush Administration misled Congress and the American people regarding the decision to go to war in Iraq; misstated and manipulated intelligence information regarding the justification for such war; countenanced torture and cruel, inhuman and degrading treatment in Iraq; and permitted inappropriate retaliation against critics of their Administration. There is at least a prima facie case that these actions that federal laws have been violated – from false statements to Congress to retaliating against Administration critics.

A table of contents, with links to the full text of the Conyers report,  is here:  http://www.house.gov/judiciary_democrats/index.html 

The report provides details that should be investigated, and would be investigated if Republicans were not in control of the House of Representatives.  The "Legal Analysis" section of the report lists multiple federal laws which the Bush administration violated including:  Conspiracy to Defraud the United States (18 U.S.C. Section 371), making a False Statement to Congress (18 U.S.C. Section 1001),  the Anti-Torture Act (18 U.S.C. Section 2339) , and the War Crimes Act (18 U.S.C. Section 2441).  

Acting in response to the information gathered by his staff,  Congressman Conyers introduced house resolution H. Res. 635 "creating a Select Committee with subpoena authority to investigate the misconduct of the Bush Administration with regard to the Iraq war and report on possible impeachable offenses".  Rep. Conyers also introduced resolutions censuring President Bush and Vice-President Cheney (H. Res. 636 and H. Res. 637) "proposing that they be censured by Congress based on indisputable evidence of unaccounted for misstatements and abuse of power in the public record."[3]

As of 4/10
/2006, H. Res. 635 had these co-sponsors (where were Pelosi and Eshoo, and what happened to Lofgren?):

Rep. John Conyers

Rep Abercrombie, Neil [HI-1] - 1/31/2006
Rep Baldwin, Tammy [WI-2] - 1/31/2006
Rep Capps, Lois [CA-23] - 12/22/2005
Rep Capuano, Michael E. [MA-8] - 3/9/2006
Rep Clay, Wm. Lacy [MO-1] - 1/31/2006
Rep Davis, Danny K. [IL-7] - 3/30/2006
Rep Farr, Sam [CA-17] - 2/7/2006
Rep Filner, Bob [CA-51] - 3/30/2006
Rep Hinchey, Maurice D. [NY-22] - 2/7/2006
Rep Honda, Michael M. [CA-15] - 2/8/2006
Rep Jackson-Lee, Sheila [TX-18] - 12/22/2005
Rep Lee, Barbara [CA-9] - 2/1/2006
Rep Lewis, John [GA-5] - 2/7/2006
Rep Maloney, Carolyn B. [NY-14] - 2/7/2006
Rep McCollum, Betty [MN-4] - 3/14/2006
Rep McDermott, Jim [WA-7] - 1/31/2006
Rep McKinney, Cynthia A. [GA-4] - 2/7/2006
Rep Moore, Gwen [WI-4] - 2/14/2006
Rep Nadler, Jerrold [NY-8] - 1/31/2006
Rep Oberstar, James L. [MN-8] - 2/1/2006
Rep Olver, John W. [MA-1] - 2/16/2006
Rep Owens, Major R. [NY-11] - 1/31/2006
Rep Payne, Donald M. [NJ-10] - 12/22/2005
Rep Rangel, Charles B. [NY-15] - 12/22/2005
Rep Sabo, Martin Olav [MN-5] - 3/2/2006
Rep Sanders, Bernard [VT] - 3/9/2006
Rep Schakowsky, Janice D. [IL-9] - 1/31/2006
Rep Stark, Fortney Pete [CA-13] - 1/31/2006
Rep Tierney, John F. [MA-6] - 2/16/2006
Rep Velazquez, Nydia M. [NY-12] - 2/14/2006
Rep Waters, Maxine [CA-35] - 12/22/2005
Rep Woolsey, Lynn C. [CA-6] - 12/22/2005
Rep Wu, David [OR-1] - 3/14/2006

Rep Lofgren, Zoe [CA-16] - 12/22/2005(withdrawn - 1/31/2006)

More BLOG entries
President Bush Lied Again, December 19, 2005
Three Bush Blunders, July 29, 2003
End the Iraq War, July 6, 2003
Who will pay for these wars?, July 4, 2003
Repeal the Patriot Act,  July 4, 2003

Notes and related links
1.  There is a transcript of Senator Leahy's remarks on the "Democracy Now!" web site at: http://www.democracynow.org/article.pl?sid=06/01/11/1436231

2.   The Conyers staff report "The Constitution in Crisis; The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War" is online here:  http://www.house.gov/judiciary_democrats/iraqrept.html

3.  News release, Rep. John Conyers,:
http://www.house.gov/conyers/Censure_PR.htm


4.  The text of any of the bills mentioned here is on the Library of Congress web site:  http://thomas.loc.gov/.   For example, enter "H. Res. 635" in the "Search Bill Text" box and click "Search" to find Conyer's bill.

5. There is a transcript of Senator Specter's questions during the Alito confirmation hearings on  the "Exploring International Law" blog at Georgetown University:
http://explore.georgetown.edu/blogs/?id=12239 

6. Senator Specter was referring to Public Law  107-40, a law passed on September 14th, 2001, which the President may use to try to justify domestic wiretaps.  The senate sponsor for SJRes 23, Tom Daschle, has written " I did not and never would have supported giving authority to the president for such wiretaps. I am also confident that the 98 senators who voted in favor of authorization of force against al Qaeda did not believe that they were also voting for warrantless domestic surveillance."  Daschle's comments are here.

PL 107-40 passed the House as HJRes 64 and the Senate as SJRes 23.  Only one House member, Rep. Barbara Lee, and no senator voted against it.   The law was applied to authorize holding the Guantanamo Bay detainees, and it can be applied to permit  covert warfare in about 80 countries, including the UK.  See Who will pay for these wars?

 
Copyright (c) 2006, Tod Landis All Rights Reserved