On the Necessity of Impeachment -- Part I
Both seem to me to be ducking the issue, but that's perhaps because I view impeachment as a constitutional necessity, as opposed to an electoral strategy. To be sure, they are both bound up inextricably, but there's no doubting that there are those who view one or the other as having primacy.
But in particular, I reject the first because it assumes that a successful impeachment effort would, for some strange reason, ignore Dick Cheney's extraordinarily active role in the administration in general, and in the activities most likely to bear impeachment charges in particular. I simply can't imagine a universe in which an investigation thorough enough to convince the Congress that Bush's removal from office is necessary doesn't also convince them that Cheney's removal is equally necessary, and perhaps moreso.
The prospect of a Hastert presidency, given that it only comes to pass if Congress is shamed into impeaching the entire Bush administration, frankly doesn't scare me much. A hobbled and chastened President Hastert, presiding over a Congress so ashamed of Republican wrongdoing that they've installed him in place of Bush and Cheney? OK, sure. I'll take two!
I reject the second objection as a matter of logistics and timing, as well as for reasons of electoral strategy. I find little to recommend the notion, for instance, that Democrats should somehow "hide the ball" with respect to impeachment, only pulling it out from their sleeve after elected to office. "Surprise! We campaigned on jobs and health care, but instead we're going to impeach the Bush administration!" That's a recipe for the very backlash everyone fears.
I also think that waiting to get the ball rolling fritters away crucial time that's needed to lay the foundation and groundwork necessary for a successful impeachment effort. While I agree that the odds of getting a better whip count may increase after the November elections, I do not agree that we have time to wait until January of next year to even begin discussing the prospect. Impeachment can be a slow train, and the truth is that January 2007 begins the always-shorter-than-it-seems countdown to November 2008. And that brings with it the greatest danger to public support for impeachment: the notion that if we just close our eyes and hang on a little longer, it will all go away. Bush's term will end, and "for the good of the country," we ought to just let him go.
But that, I think, is what has landed us here in the first place.
We are where we are today for lack of having drawn a line at Watergate, then again at Iran-Contra. The same perpetrators -- and in many cases they really are the very same perpetrators -- are back for a third bite at the apple, and will be back for a fourth if they don't get what's coming to them. Remember, impeachment isn't just for presidents. It's for all "civil officers," as RonK, Seattle ably reminded us.:
Impeachment is not just for Presidents.
Article II, Section 4 renders "The President, Vice President and all civil officers of the United States" susceptible to impeachment.Who are these civil officers? An early precedent excludes Members of Congress -- removable by their own respective bodies. Past practice affirmatively includes judges and cabinet officials. And there's a sturdy originalist case for stretching this envelope.
Would a subcabinet official -- like former Asst. Sec. of State Elliott Abrams -- qualify? How about a "Senior Administration Official" who does not require Senate confirmation -- like Vice Presidential Chief of Staff Scooter Libby? Is an independent agency head -- like CPB's Kenneth Tomlinson -- a qualified "civil officer"?
But that wasn't all Ron told us. We also learned that the Constitution bars both future eligibility for high office and presidential pardons in the case of impeachment. Given that many of the very same people have been at the heart of the last two rounds of Constitution-shredding, I would urge early and clear action. How many more chances do you want to give John Poindexter? Elliot Abrams?
So that's another reason I reject the "cross your fingers and wait" option. We've tried that before. We let Nixon walk away rather than finish the job. And while it's hard to blame anyone for believing at that time that nothing like this would ever happen again, we do have to take a second or third look at whether or not the consequences of declining to press the Watergate inquiries to their natural conclusion have emboldened those who would seek to undo the very reforms those inquiries engendered.
By the time Iran-Contra rolled around, while we didn't do any better in terms of impeachment, we were able to put together some high profile convictions, only to see them reversed, or the perpetrators receive pardons -- something RonK's reminder renders a glaring mistake in hindsight.
Instead of having demonstrated the awesome and shaming power of impeachment, we have twice given in to our softer side and opted to "heal the nation's wounds," only to find that they've instead festered and turned gangrenous.
In fact, I believe that this double failure left open an opportunity -- and an extraordinarily cynical one at that -- for Republicans to both undo what shame lingered, and to transfer that shame onto Democrats, with the Clinton impeachment. But more dangerous (and more cynical) still, I believe now -- more strongly than I did in May -- that the Republicans behind the Clinton impeachment may have had a longer-term plan in mind for an impeachment even they knew to be doomed. A plan which I'll elaborate on in the next entry, and which constitutes my next major argument for the necessity of impeachment.





Very persuasive argument.
All appointed officers are impeachable. It applies to appointments that need Senate approval, I think. Therefore, all executive branch appointments that are subject to confirmation can be undone by impeachment, including Supreme Court Justices.
Given the "wounds" worries we should look for stuff beyond the simple, although astonishing, incompetence of the administration. I would announce a policy that whenever investigations can occur, they will proceed to conclusion, "even" (especially) if they require impeachment.
February 2, 2006 10:13 AM | Reply | Permalink
Thanks for the kind words.
As it happens, I believe Alberto Gonzales may be putting himself in just this spotlight right now.
February 2, 2006 10:19 AM | Reply | Permalink
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June 1, 2006 4:44 AM | Reply | Permalink
Count me in as convinced.
Quite frankly, the squishy center of our party won't be so easily persuaded. For people who put polls in front of policy, impeachment is way too scary of a proposition.
(Note that on real polling, Independents are very closely aligned with Democrats on this issue, though that will probably not matter to many. "Conventional" wisdom says that using the I-word loses elections.)
I fear the timidity within our own ranks will allow Bush, like Nixon and Reagan before him, get away without a scratch.
February 2, 2006 11:02 AM | Reply | Permalink
The purpose of the rest of the series is to demonstrate why any Democrat, centrist or otherwise, will find it necessary to confront this president.
It's more than just "losing the base." It's about losing the battle for permanent, institutional control of the entirety of the government.
What's afoot here is the final stages of a long-term plan to enshrine pre-Watergate understanding of the role of the executive, and a pre-New Deal understanding of the role of the legislature, all ratified by a judiciary that recognizes a "constitution in exile" which necessitates the dismantling of pretty much everything the modern Democratic party has accomplished in the last 70 years.
Maybe that will awaken the "center."
February 2, 2006 11:12 AM | Reply | Permalink
Maybe that will awaken the "center."
From my experience here, the center only cares about "what can we do to win." Principled statements don't matter if polls show it's a loser.
I'm sure people who believe this line of thinking and can articulate it better than me will put up their thoughts on this post. No doubt it is a worthy discussion and debate.
I just know that if the center Dems are not convinced that this is a winning issue, they will join the GOPs in demonizing and marginalizing anyone who talks impeachment.
February 2, 2006 11:23 AM | Reply | Permalink
I'm sure you're right, although I'm not sure what they think will be left to win.
We're down to about a dozen or so truly competitive House seats these days, thanks largely to the current Department of Justice's willingness to approve redistricting plans that are plainly discriminatory.
As a result, almost no matter what Democrats propose to run on, we'll be dancing around the margins of the same approximately 35 seat difference in the House for the foreseeable future.
Progressive legislation, of course, is absolutely out of the question given the narrow margins a Democratic majority would hold. Not to mention that they'd face a judiciary well-stocked with post-Lopez "originalists."
February 2, 2006 1:21 PM | Reply | Permalink
I am impressed by your arguments, kargo X, but I wonder how you deal with the following fact in terms of bringing articles of impeachment:
Progressive legislation, of course, is absolutely out of the question given the narrow margins a Democratic majority would hold. Not to mention that they'd face a judiciary well-stocked with post-Lopez "originalists."
How in the world can we expect a legislature which cannot even enact progressive legislation and which still primarily marches in lockstep with this administration to vote for impeachment? And if by some miracle more than 35 Republican broke ranks and voted for impeachment how a judiciary "well stocked with 'originalists'" would not oppose such charges?
To me, more than the first or second arguments against impeachment which you dispose of, the fact of Republican dominance seems insurmountable. Why don't you address this question?
February 4, 2006 5:08 AM | Reply | Permalink
The short answer to your question about why we might expect Republicans to break ranks is another question: Why isn't Tom DeLay the Majority Leader of the House anymore? How many Democrats voted against him?
The answer to the second question, of course, is zero. No Democrats voted to get rid of Tom DeLay as Majority Leader. The Republicans did that by themselves. This despite the fact that they had succeeded in changing the rules so that an indicted leader could continue to serve.
But somehow, they embarrassed themselves into changing the rule back, and then eventually into permanently replacing DeLay. All without a single Democratic vote.
The reason? They're political actors, too. They knew that DeLay had become a political liability for them, and in an act of pure self-preservation, they did what any Democrat would have done if they had been allowed to vote in the Republican Leadership race: vote to bounce DeLay.
So I ask you, how is it that in a contest where Democrats were outnumbered by 232-0, we still prevailed?
As for the originalists in the judiciary, they don't get a say in impeachment. That's handled entirely by Congress. Originalists or not, judges don't rule on impeachment charges.
February 4, 2006 10:14 AM | Reply | Permalink
Re: We let Nixon walk away rather than finish the job.
Are you saying that there existed any legal (or even practical) way of rejecting Nixon's resignation and forcing him to remain through impeachment? For sure once he was no longer president he was no longer liable for impeachment.
February 3, 2006 8:40 PM | Reply | Permalink
No, I'm not saying he could be forced to stay in office, but yes, I am saying that he was subject to impeachment after his resignation, as was Secretary of War William Belknap, impeached in 1876 after his resignation.
February 3, 2006 9:52 PM | Reply | Permalink
Since the purpose of impecahment is to rremove someone from what would be the point of impeaching someone who was no longer in office? That would seem as weird as executing a corpse or firing an employee who had already quit.
February 4, 2006 7:16 AM | Reply | Permalink
The penalties for an impeached official begin with removal from office, but may extend far beyond that. The Constitution also bars presidential pardon in cases of impeachment. Further, it bars all future service in any position of "trust, honor or profit under the United States."
Had Nixon been impeached despite his resignation, Ford could not have pardoned him of his crimes, and he may well have been convicted of criminal wrongdoing, adding an even greater stigma to those who served in his administration and were complicit in his wrongdoing.
Instead, he survived to rehabilitate himself, become an "elder statesman," and several officials of his White House and larger administration went on to participate directly or indirectly in Iran-Contra, BCCI, and today's Iraq/WMD/torture/NSA surveillance nightmares.
Had Elliot Abrams, John Poindexter, John Negroponte, Oliver North, et al. been impeached for their respective episodes of wrongdoing, they could have been barred from future office, meaning the first three would not today be serving in the Bush administration, and the fourth would never have been eligible to run for Senate in Virginia, as he did a few years ago.
By not finishing the job, beginning with Nixon, we allowed many of the very same actors to lurk in the shadows until another Republican administration gave them the opportunity to simply try again. If we repudiate them, we must repudiate them permanently.
Why in the world are there criminals whose convictions of crimes against the nation were overturned on technicalities still serving in our government, and committing the same crimes or worse while we stand by?
February 4, 2006 10:23 AM | Reply | Permalink
Wow, I just want to say how impressed I am with your scholarship. What I really don't get, is why Democrats aren't trotting out quotes that Republicans used against Clinton which would be so effective in showing their dishonesty and hippocracy? Why? WWWWHHHHHYYYYY?
It's free! It's truthful! Why not put their own words up to their two faces?
February 4, 2006 6:59 PM | Reply | Permalink
Nixon was pardoned, for his involvement in the Watergate crime. he may not have been at the Hotel but he had knowledge of the event.
February 4, 2006 12:02 AM | Reply | Permalink
Yes he was. A very good point.
Thankfully for us, the Constitution prohibits presidential pardons in cases of impeachment.
It's also worth noting that presidential pardons operate against federal criminal charges. But impeachment isn't a criminal charge.
Now, it's never been tested whether a presidential pardon would extend to the preclusion of impeachment, but there's certainly no legal reason to think it should. Pity, maybe. But no legal grounds.
But you do hit the nail on the head. One of the reasons we need to be thinking about impeachment is that it precludes the possibility of pardon later on.
February 4, 2006 12:41 AM | Reply | Permalink
From George Washinton's Farewell Address
"All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle and of fatal tendency....
...by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government,
One method of assault may be to effect in the forms of the Constitution alterations which will impair the energy of the system, and thus to undermine what can not be directly overthrown."
When the President and the combinations of his associates through rebellion, attempted to counteract the intent of the constituted authorities, the Congress. they attempted to usurp for themselves the reigns of power. By undermining the form of our governance they committed an act of disloyaty.
TREASON n.) The offense of attempting to overthrow the government of the state to which the offender owes allegiance,
Under English, and later British law, high treason is the crime of disloyalty to the Sovereign amounting to an intention to undermine their authority or the actual attempt to do so.
Several other crimes have historically constituted high treason; they have included counterfeiting and attempting to undermine the lawfully established line of succession.
Our form of government shares the power, so that all three branches are the SOVEREIGN, The usurption of power, undermined the lawfully established rule of the proper position of authority
At the press conference the President threatened to punish the whistleblowers, in effect he awed anyone who questioned his authority Definition of AWE, v.t. To strike with fear and reverence; to influence by fear, terror or respect;
February 4, 2006 1:05 AM | Reply | Permalink
I may have been to harsh. How would you characterize his feelings about the whistleblowers or any who question the Executives right to do this wiretapping? Should we feel threatened? Should Congress feel threatened?
February 4, 2006 1:21 AM | Reply | Permalink
I wouldn't necessarily say it was too harsh. There's no doubt in my mind that Bush would liike to see whistleblowers punished, and that he's trying to intimidate them.
But whether you're a whistleblower or not, yes, you should feel threatened. And so should Congress.
Why doesn't Congress feel threatened? Why no reaction from them with regard to the president's declaration that he doesn't really have to follow the law they passed -- in the form of the McCain amendment -- to ban torture? Considerable numbers of Republicans voted for that amendment, no? And yet the president says he doesn't really have to follow it. The reaction from Congress? Crickets, as far as I can tell.
February 4, 2006 10:32 AM | Reply | Permalink
KagroX writes
"And yet the president says he doesn't really have to follow it."
His actions and his words implicate him in a direct rebellion, against the will of the people.
It is not as though, he were ignorant of the law, which is no excuse; he went to Ashcroft and he went to Members of Congress, and was told that this expansion of Domestic wiretapping, would not be acceptable. He knew the Congress had addressed the issue, to avoid the abuse to the American people that had occured in the past.
If I tell my son to do something or to avoid something, if he does not heed my advice or my directions, he is rebellious.
When Congress specifically addressed the issue of Domestic Wiretapping and our Constitution spelled out our rights. This President decided to ignore those admonitions and directions.
His conduct condones and advocates a rebellion. Rebellion against the law is unlawfulness. If we allow this individual to decide which laws to obey, why have laws? No man is above the law.
Those of the Republican and the Democratic party, who do nothing but lip service, are complicit co- conspiritors to the rebellion.
He does the same thing with established law on torture, his rebellious attitude, undermines the will of the people, his rebelliousness is like a cancer, unless he is punished by the Judiciary, the signal will be the law is not apllied as intended, equal justice for all. He will lead many astray from the principles of law and order.
February 4, 2006 12:22 PM | Reply | Permalink