No Vice President is Above the Law

For the first time since the Bush administration took office, three members of the House Judiciary Committee, Robert Wexler (D-FL), Luis Gutierrez (D-IL), and Tammy Baldwin (D-WI), are calling for hearings on the impeachment of Vice President Richard Cheney.

Their position, while courageous, is not surprising. What is surprising is that it took this long for members of Congress to invoke impeachment, and that even now, they do so against enormous political resistance and cynical indifference from the media.

No serious student of the Constitution would question that sufficient grounds exist to impeach both President Bush and Vice President Cheney. The Constitution provides that an Executive who puts himself above the law and abuses the powers of his office may be impeached, a point confirmed in the impeachment proceedings against President Nixon, for abuses such as illegal wiretapping.

There is little serious debate about whether Bush administration actions -- wiretapping without court approval (violating the Foreign Surveillance Intelligence Act), authorizing and facilitating mistreatment of detainees (violating U.S. treaties and criminal laws), starting the Iraq war on a basis of lies, exaggerations and misstatements (an abuse of power) -- meet the Constitutional standard.

So why hasn't a majority of Congress supported it? Twenty members co-sponsored Rep. Dennis Kucinich's resolution calling for the impeachment of Cheney, but bucked their leadership to do so. Democratic leaders took impeachment "off the table," apparently fearing it could hurt their chances in 2008.

Does the leadership defend the administration, contend that its actions are unimpeachable, or argue they don't rise to the level of abuse for which Nixon was impeached? Remarkably, no. They publicly say there is no time, and that impeachment proceedings would distract the Congress from other work and divide the country.

These arguments are laughable compared to the imperative to uphold the constitution. And even on their own terms, they are specious. Let's take them one at a time:

Insufficient Time

In the case of Nixon, the House officially instructed the Judiciary Committee to act in early February, 1974; the Committee finished voting on Articles of Impeachment on July 29, less than six months later. No presidential impeachment proceeding had taken place for almost 100 years, so the Committee had to start from scratch, analyzing the constitution and developing procedures for the impeachment inquiry. Now the relevant legal spade work is done and a road map for proper impeachment proceedings exists, Congress could probably conduct them even faster than in 1974.

Distracting Congress

During Watergate, the House Judiciary Committee conducted the impeachment inquiry. It didn't deter the rest of the House and the entire Senate from getting their work done, even with a war on. Even the Judiciary Committee also worked on other matters during impeachment, just as the Senate did during its trial of President Clinton.

Dividing the Country

Nixon's impeachment united the American people. The process was bi-partisan, demonstrating this wasn't just a Democratic ploy to undo an election. The fairness of the process, the seriousness of purpose, the substantial evidence all gave the public a strong sense that justice had been done. This reinvigorated the shared value that the rule of law and preservation of democracy are more important than any president or party.

Currently, this value is expressing itself in grass roots impeachment movements across America. The Vermont Senate, several state Democratic parties and many municipal governments have adopted resolutions supporting impeachment -- more state legislatures would have acted except for pressure not to from Democrats in Washington. Multiple polls show a majority of Americans supporting the impeachment of Cheney (a November 13 American Research Group poll says 70 percent of Americans believe Vice President Cheney abused his office), and slightly less then a majority supporting the impeachment of Bush.

The Democratic leadership tactic of stonewalling this widespread public sentiment is itself divisive, leading at least half the country to frustration, disaffection and shaken faith in our democracy. Only a sober, serious airing of evidence in hearings would heal the split.

When Nixon's impeachment process began, he had recently been re-elected with one of the largest landslides in history. No one made the calculation about whether impeachment was a political winner for Congress. Public opinion simply forced Congress's hand after Nixon fired Special Prosecutor Archibald Cox. After the House Judiciary conducted impartial hearings and voted on impeachment, Congress's approval soared. Republicans were swamped in the November 1974 elections.

Whether or not they bring electoral rewards in 2008, impeachment proceedings are the right thing to do. Regardless of outcome, they will help to curb the serious abuses of this administration, and send a strong message to future administration: the Constitution means what it says - no president or vice president is above the law.

Former Congresswoman Elizabeth Holtzman served on the House Judiciary Committee during Nixon's impeachment. She co-authored the 1973 special prosecutor statute, and co-wrote (with Cynthia L. Cooper) the 2006 book, The Impeachment of George W. Bush.

Comments

[leftLibertarian]

Unfortunately, most Democrats in Congress have no principles and think more about getting re-elected rather than impeaching the criminals Bush and Cheney.

[getoffmedz]

Dear Elizabeth - Impeachment of Vice President Cheney is well and good and most certainly deserved but he's getting ready to "pull an Agnew" and resign before real proceedings get started.

Which is why the Secretary of State is being pimped for her ride.

These criminals are way ahead of everyone and have been thinking of the unthinkable from day one.

[realitytrumpsbull]

986023 currently at:
http://www.impeachbush.org

[KarenZipdrive]

That fire was pretty convenient for Dick.

[WIDESTANCE]

your headline "No VP is Above the Law" has a major flaw - THERE IS NO LAW LEFT for cheney (and bush) to be above - the rule of law in america has been systematically dismantled by the very criminals that are breaking them

when britney spears steals a lighter from a gas station in full view of the cameras, you know that cheney's "f*ck you" attitude has filtered down to the very bottom of our society

our failure to impeach bush and cheney is seen by the rest of the world as tacit approval by the american people for their hienous and criminal policies and actions

[BobC46]

Ms. Holtzman, read my lips: IT IS NOT GOING TO HAPPEN, but dream on.

[GeorgeWRumscroft]

Maybe the Democrats could make a little more progress if they replace Pelosi with Wexler and Harry Reid with Chris Dodd.

[Ravenlea]

Thank you. Well said. There is no excuse for not proceeding with impeachment. It speaks so badly of us as a nation that we are not calling these criminals to account and taking responsibility as a nation for what they have done in our name.

I know I sound paranoid, but I wonder if the Bush administration isn't blackmailing a lot of people on both sides of the aisle (or holding their wives and children hostage somewhere). Even given how dirty politics has become, the behavior of many people in Congress makes no sense to me.

Anyway, I hope that Wexler follows through on his promise and that finally Congress does the right thing. What was taken off the table can just as easily be put back on. And it should be.

[cae]

Thank you Ms. Holtzman. I remember you when you were a congresswoman--you were smart then and are smart now.

What's been going on is just about absurd. There's a saying that "Nero fiddled while Rome burned". Well, the Dems (most of them) are fiddling while law-breaking runs amok. I'm embarrassed for them, I really am.

[xcrunner77]

No President is above the law? From your lips to God's ears, because right now, THIS ONE IS!!

[TrueD]

I signed Wexler's petition.

[texanna]

As soon as I heard about Congressman Wexler's activities on Air America Radio I went immediately to the website and signed the petition. I've pointed lots of my friends to the site, too. We need to give Rep. Wexler the ammunition to move Nancy out of the way. Write and call your Representative -- repeatedly. Write and call Nancy and Steny's offices -- repeatedly. Being a good citizen sometimes requires an extra effort.

[morris1030]

This should have happened months ago. But better late than never.

[leftLibertarian]

The Democratic Party is soft on the criminals Bush and Cheney.

[musselmanm]

I must agree, if the Democrats in the House and Senate will not stand up to the Executive Branch of our Government, there is no hope for our country. I have joined the call for Impeachment by registering at Wexlers site calling for the Imopeachment of our criminals. If you agree, put you name on this e-document. I believe it is wexlerwant­shearings.­com, can any of you verify it?
Lets take back the country just like we had the balls to do when we were young in the 70's!