On Impeachment

I'm not really sure why I am writing this piece, because I haven't seen much talk about it on MyDD. Also, I can't imagine people on either side of this issue changing their minds even a little bit based upon what I write. However, I would like to say a few things about why impeachment is not going to happen, and why I don't think the new Democratic majorities in congress should pursue impeachment:
  • The congressional leadership, both Harry Reid and Nancy Pelosi, have said they will not push for impeachment.
  • No member of Congress has taken up the cause, at least that I know of.
  • This isn't an ethics lesson. It isn't a debate over whether or not impeaching and convicting Bush would be the right thing to do or not. Simply put, the votes to pull off either, especially the conviction, are not there. We aren't even close.
  • Now that we have the majority, I do not see the value in pursuing legislation that will divide us, while unite the Republican opposition. I would like to wedge them, rather than wedge ourselves.
  • Even if we had the votes for conviction, that means we would almost certainly have a veto proof congressional majority on the following policy areas: universal health care, revoking authorization to conduct the war, public financing of campaigns, renegotiating all of our trade agreements for better standards, passing complete energy independence legislation, and on and on and on. Now you tell me, if we had the ability to do all of these things, where would impeachment rank on the list of legislation that would actually help Americans? This is more or less exactly the response progressive caucus member Chaka Fattah gave to my ward when he spoke to us in October. Even if we had the votes to pursue this path, it would be better and far more important to pursue legislation that would actually help people.
  • The vaunted public support for impeachment based on a single Zogby poll is illusory. Looking at the complete history of impeachment polling, you get the following results. CNN: Favor 30%--69% Oppose; Fox: Favor 30%--62% Oppose. LA Times Favor 36%--56% Oppose, ABC-WaPo: Favor 33%--66% Oppose; Newsweek: Favor 26%--Oppose 69%. Overall, only 26% to 36% of the country supports this idea. A supermajority opposes.
  • Congress should not start investigations already knowing how it wants the investigations to end. That is what Republicans did back when they retook Congress in 1994. Overall, I completely agree with Representative Brad Miller on this one. We will conduct oversight, but we will do it because that is the role of Congress, and we will do so in a fair manner, unlike certain past majorities I can remember. We won't be like them.
  • The last time the national image of the two parties was this heavily in favor of Democrats was at the exact moment that the Republican House voted to impeach Bill Clinton in 1998. I am not in the mood to blow all of our political capital, make us as unpopular as Republicans are right now, simply in order to pursue a course of legislation that won't help anyone, and has no chance of passing.
  • It would suck all of the air about he Presidential race, especially on the Democratic side. Hello President McCain. If you are really lucky, you will get President Cheney and then President McCain. Great.
Do I think that Bush has committed impeachable offensives? Probably. However, I would rather pursue a course of legislative action that would keep our caucus close to united, help large numbers of actual Americans, have a legitimate chance of passing both branches of Congress, conduct actual investigations and oversight and, if those investigations prove worthy, close by censuring Bush. I think is the appropriate and responsible way to act, a way that will help people, tarnish Bush, keep us popular, and keep our majorities. That is why you won't see me pushing for Bush's impeachment on this blog, or anywhere else, over the next two years.



Display:


Re: On Impeachment (none / 0)

The most important point to be made is that it's simply not practical right now. If we had the votes, I'd be all for it. But we don't, and unless investigations turn up a real big smoking gun, we won't get them in the next 2 years.


by PsiFighter37 on Thu Dec 07, 2006 at 01:20:19 PM EST

Re: On Impeachment (none / 0)

PsiFighter37 said:
...and unless investigations turn up a real big smoking gun, we won't get them in the next 2 years...

With that whopper of a disclaimer, why even come out and oppose impeachment now?  Why not wait until we've found (or not found) evidence of illegal and immoral activity, and make your decision about impeachment then?

I am truly confused by Bowers' and Kos' complete and explicit opposition to impeachment before anyone has had a chance to look at what's been going on.  It seems like people are opposed to impeachment on principle, but I think that's absurd.

But let's give you anti-impeachers the benefit of the doubt, by giving you a chance to answer these simple questions:

1.  When would you favor impeachment?  What kind of Executive abuse is too much, even for you?

  1.  How can you ensure accountability without punishment?
  2.  How can you deter future Presidents from abusing their power if they know that not even this guy was impeached?


by cfaller96 on Thu Dec 07, 2006 at 04:20:58 PM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

Hear, hear!
I believe I understand Chris and Kos pushing against the sentiment for impeachment. I'm sensing an attempt to channel our energies constructively as Nancy and Harry build a reputation for Democrats now that we finally have the initiative for a change - that's all to the good.
When the investigations get underway, however, they could find themselves eating their words. The smoking gun doesn't have to be in the past - It's the coverup, stupid! Bush/Cheney will stonewall our elected Representatives, citing executive privelidge nat sec etc; and we'll have a new crisis.
Why do we want to tell ANY President that we guarantee we will not penalize them no matter what? What is the point of having an impeachment process in the first place if the President knows that it is a broken, non-functional mechanism?
Finally, I'm reminded of court cases where the plaintiff/victim is persuaded that it will be an ugly trial, hurt them more than the perp, and ultimately they probably can't prevail. If you're wondering why so many of us want to do it anyway, guys, just look at all the plaintiff/victims who tell the DA or attorney to damn the torpedoes.
I would love to see the system work without intervention.  Can anyone still have that kind of faith anymore?
by Josalo on Thu Dec 07, 2006 at 07:43:01 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

You asked when the anti-impeachers (pro-reformers?) would favor impeachment...

For me, the situation right now has less to do with the criteria you listed, the level of abuse, and has more to do with credibility. Voters have thrown the R-bums out, but I don't think they feel much more about Dems than that they deserve a chance to try to get it right. Impeachment is too similar to past Rep abuses to carry enough momentum without sucking the energy out of any other initiatives and evaporating our goodwill. That environment sets the bar higher on the level of abuse necessary to justify impeachment.


by greenvtster on Thu Dec 07, 2006 at 08:25:42 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

greenvtster, I didn't ask if you thought it was wise to impeach now, I asked you to imagine abuses that are too much for even you to ignore.  It's a hypothetical question, and I'm trying to figure what the threshold is for you and other anti-impeachers.

It seems clear to me that some people don't believe what Bush has done is worth the fight and distraction that impeachment demands.  Fine- so what would he (or any other President) have to do to make impeachment worth the fight for you?

If you can't come up with abuses that are too much for you, then you essentially don't support impeachment ever.  And you're free to believe that, but be honest about it.


by cfaller96 on Fri Dec 08, 2006 at 11:09:36 AM EST
[ Parent ]

Re: On Impeachment (none / 0)

You're not listening.

I answered (or tried to) that it depends. It depends on the current credibility of the Dems. Right now, frankly, I don't trust them to do it right. I want to see tangible evidence that they are serious about reform before we get into impeachment.


by greenvtster on Fri Dec 08, 2006 at 12:46:39 PM EST
[ Parent ]

You're not answering (none / 0)

greenvtster, perhaps it would have been better to comment alone instead of in "response" to my questions, because you're not responding at all.

I get that you think impeachment depends on the situation.  I'm asking for you (and all the other anti-impeachers) to describe a hypothetical situation that, in your mind, demands impeachment.  Here are the three questions again:

1.  When would you support impeachment?

2.  How can you have accountability without punishment?

3.  How can you deter future Presidents from abusing their power if they know not even this guy was impeached?

In question 1, I asked "when?" and you said "maybe."  That's not an answer.  That's like me asking "what time is it?" and you answering "apples."

By itself, your comment is fine, but if you're going to respond to my comment, please try to answer my questions.  All of them.


by cfaller96 on Fri Dec 08, 2006 at 01:14:24 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

You actually think that investigations WON'T reveal "a real big smoking gun"? That is the whole point of having them, because, if they are conducted properly and thoroughly, they are BOUND to do this. That has always, in my view, been the way to go about this.

Yes, of course, if investigations don't reveal any major constitutional crimes, then obviously we should not pursue impeachment, not just because the public won't support it, but because we simply wouldn't have a solid case for it.

But the point is that investigations, if done right, SHOULD reveal them, in which case impeachment will not only be warranted, if not mandated, but, I believe, supported by the public as well.

The principled and political arguments for impeachment have always gone hand in hand. And the way to validate both are the investigations that need to and hopefully will now take place.


by kovie on Thu Dec 07, 2006 at 06:18:41 PM EST
[ Parent ]

Hooray for Strategery (3.00 / 0)

Channeling Rumsfeld: "Do I think that Bush has committed impeachable offensives? Probably."

If you believe Bush has committed impeachable offenses, then you should believe Bush should be impeached.

It should be that simple.


by The Cunctator on Thu Dec 07, 2006 at 01:23:01 PM EST

Nonsense (2.00 / 2)

You don't do something because it is right.  If that were so, every single accused person would go to trial.  But they do not, and trials are very rare.  Why?  Because, rather than doing the "right" thing, prosecutors, the cops and defense lawyers all prefer to solve a problem and get on.

That means that lots of guilty people are plea-bargained out of prison.


by dataguy on Thu Dec 07, 2006 at 01:36:51 PM EST
[ Parent ]

Re: Nonsense (none / 0)

I don't think "nonsense" is the word you're looking for.


by The Cunctator on Thu Dec 07, 2006 at 02:10:33 PM EST
[ Parent ]

Re: Nonsense (3.00 / 1)

Of course it is.  What you said was nonsense.  No political decision is based solely on what one believes should ideally happen.  The actual political consequences have to come into play, or nothing gets done.


by tomemos on Thu Dec 07, 2006 at 03:04:42 PM EST
[ Parent ]

Re: Nonsense (none / 0)

...If that were so, every single accused person would go to trial.  But they do not, and trials are very rare.  Why?  Because, rather than doing the "right" thing, prosecutors, the cops and defense lawyers all prefer to solve a problem and get on.

You obviously don't know any prosecutors. The ones I know tell me that the reason they plea bargain most cases is that there aren't enough judges and courtrooms to take every case (they wanted) to trial. So much for problem solving and justice, eh?
543,895 votes
by Michael Bersin on Fri Dec 08, 2006 at 08:13:29 AM EST
[ Parent ]

Re: Hooray for Strategery (none / 0)

Pursuing actions without regard for the consequences is irresponsible. The drive for impeachment is driven by emotions, which isn't necessarily a bad thing, but when you're talking about an emotional feeling shared by 1/3 of the population that will likely have bad consequences, maybe it's time to think it through.

I agree with Chris that getting the govt. to help real people in this country is the goal here. Settling scores is not a good reason in and of itself, and pursuing impeachment won't make up for the last six years. The only way to start to do that is to build a solid progressive consensus and govern well for a while.


Me | My Work | Future Majority
by Josh Koenig on Thu Dec 07, 2006 at 02:32:15 PM EST
[ Parent ]

Another view Re: Hooray for Strategery (none / 0)

Josh wrote,


The drive for impeachment is driven by emotions, which isn't necessarily a bad thing, but when you're talking about an emotional feeling shared by 1/3 of the population that will likely have bad consequences, maybe it's time to think it through.

This is a bad stereotype, and a not very well-informed one at that. Have you even looked at the impeachment literature? The issue is NOT emotions. The issue is OUR CONSTITUTION!!! One of the more important books is titled "Bush vs. the Constitution." Impeachment is not about Bush-bashing, its about defending our Constitution. And if that doesn't matter to you, then I suppose you'll feel right at home in the Banana Republic our country is about to become.


by Bob Schacht on Thu Dec 07, 2006 at 05:54:54 PM EST
[ Parent ]

Re: Another view Re: Hooray for Strategery (3.00 / 2)

Thank you for convincing me that this is not about emotions. Your dispassionate and carefully-reasoned use of bold, all-caps and hyperbole are irrefutable.

Seriously though, I'm not disputing the legal merits of a potential impeachment -- although significant investigation would be necessary to establish sufficient hard evidence. I'm arguing that the movement driving for this is one that seeks emotional satisfaction and perhaps some national atonement, an act to show ourselves and the world how fully we reject Bush and his legacy.

I feel the same way, but I think impeachment is a lousy strategy. It's not going to save one life, create one killowatt of renewable energy, provide one unit of health care, or strengthen one diplomatic tie. The way to reject the Bush legacy is to move the country in the other direction, not by trying to get even.


Me | My Work | Future Majority
by Josh Koenig on Thu Dec 07, 2006 at 06:23:38 PM EST
[ Parent ]

Re: Another view Re: Hooray for Strategery (none / 0)

Of course, we're at a point here where we'll literally have to wait and see whether passing legislation to save one life, create one kilowatt of renewable energy, provide one unit of health care, or strengthen one diplomatic tie will actually be permitted to do any of those things.

That it's seriously in question whether or not duly enacted legislation will be enforced by the executive branch in this country is an indication of just what kind of straits we're in.

But that's only of interest if you're considering impeachment as other than strategy.


by Kagro X on Thu Dec 07, 2006 at 08:33:48 PM EST
[ Parent ]

Will impeaching Bush fix that? (none / 0)

How about taking away his signing statement authority?  That would work a lot better.  And would have an actual chance of being done before he left office.

Thing is, you seem to doubt Congress' ability to do anything besides impeaching.  Isn't it rather odd to simultaneously argue that Bush will ignore subpoenas from Waxman and Conyers, yet won't be able to avoid impeachment?


by Phoenix Woman on Fri Dec 08, 2006 at 09:20:51 AM EST
[ Parent ]

Re: Will impeaching Bush fix that? (none / 0)

Yes it will.

How would you propose "taking away his signing statement authority?" I have a sneaking suspicion you haven't thought this through thoroughly enough to be sure it "would work a lot better."

You see, the problem with the signing statements -- insofar as he has used them to exercise this "inherent authority" he claims to have -- is that he says this power is rooted in the Constitution.

And as I'm sure you're aware, you can't trump the Constitution with a simple bill from Congress. You'd need to do it with a Constitutional amendment. And if you think "we don't have the numbers" for impeachment, it's hard to see where you think those numbers would be coming from on a Constitutional amendment.

Yes, at bottom, I doubt Congress' ability to do anything at this point. When the president unilaterally nullifies over 800 laws passed by his own Rubber Stamp Republican Congress, it's hard to imagine it'll be any easier for Democrats.

Is it odd to simultaneously argue that Bush will ignore subpoenas and that he won't be able to avoid impeachment?

Not at all. In fact, one naturally follows the other, so long as Congress takes itself seriously -- which is a big "if," and part of the reason I doubt their ability to do anything at all.

Congress doesn't actually need subpoenas to impeach anyone, so the question of whether it's odd to say he won't be able to avoid impeachment if he ignores them doesn't actually make a lot of sense. But if he does ignore them, what he's saying is that the legislative branch has literally no power to check the executive. None. And if he says that and Congress doesn't impeach, then he's right.


by Kagro X on Fri Dec 08, 2006 at 09:47:45 AM EST
[ Parent ]

Re: Will impeaching Bush fix that? (none / 0)

Oh, almost forgot. Why do I think impeaching Bush will help fix the situation with regard to his nullifying and ignoring statutes?

Because his doing so would constitute what I believe would be the heart of the articles of impeachment against him -- violation of the Constitutional separation of powers. And his impeachment for that will set precedent and carry consequences for future presidents who would seek to do the same.


by Kagro X on Fri Dec 08, 2006 at 09:49:59 AM EST
[ Parent ]

Re: Another view Re: Hooray for Strategery (none / 0)

But that's only of interest if you're considering impeachment as other than strategy.

Not really. I mean, I strongly doubt Bush has the political will -- let alone the capital -- to actively thwart popular/good legislation. He can veto, and if the veto is overridden, and he still doesn't enact the law then I think from both a strategic and tactical standpoint you have to impeach. I just find it highly unlikely that we'll get there.

My point is that Impeachment doesn't equal Justice, even though it is in The Rules. Justice is much bigger than that, and it requires building and maintaining the kind of national consensus that Bush took for granted in the aftermath of 9/11, and then using that consensus to set things right.

I don't think punishing Bush personally is important. It's petty, vengful, and the idea that it will have a deterrent effect on future overzealous executives seems naive. Punishment is not really an effective deterrent to crime in general, and it seems obvious that should we have a future executive with as little regard for the constitution as Bush/Cheney, they too will assume they can get away with it.

We don't need to punish Bush; we need to repudiate his legacy. While part of that legacy is a legal mess around ideas of executive authority, impeachment is hardly the only means of getting straight on that.

The truth is that what will hold future executives accountable is a stronger, more equitable, with nation less economic inequality and a more empowered citizenry. This is the work of a generation. Impeachment only helps if it's a consensus-building effort, not just among our partisans, but for the Public at large.


Me | My Work | Future Majority
by Josh Koenig on Fri Dec 08, 2006 at 02:23:09 PM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

I think there is grounds for impeachment if Bush stalls on the Iraq Study Group recommendations and continues his "stay the course" mentality.  Bush only has a couple of months to buy into this or less.  If he fails, he will lose the respect of most Americans to a degree not seen by any President ever.  I think then there will be grounds to seriously discussing whether or not we can wait until the next election, or if we need new Presidential leadership to get us out of Iraq.


Enough already...
by pjv on Thu Dec 07, 2006 at 01:23:12 PM EST

Re: On Impeachment (none / 0)

I 2nd pjv's idea.  How do we get out of Iraq while
Bush is president?  And what should the Democratic
response be if the Command-in-Chief refuses to
withdraw/standown/redeploy the troops?
by curmudgeon51 on Thu Dec 07, 2006 at 01:44:50 PM EST
[ Parent ]

Comparrisons can't be "false," Neal (none / 0)

They can be "wrong," or they can use "false" claims, or they can lead you to "bad" conclusions.

Maybe you meant the comparison is based on a false premise? Either way, "false" is not a word that can modify a comparrison.

Sorry, I shouldn't be taking it out on you. I should be taking it out on all the Democrats who like to use the word "false" to describe opinions which are, in fact, "wrong," because they think it makes them sound more factual, or more academic, or less offensive, or something, when really it just makes them sound weak, hiding behind multiple choice answers rather than judgments and convictions (like "right!" and "wrong!"). "False" is not a more clear-cut word for "wrong," it is a word used to describe the veracity of positive statements, (or truth-claims, as some epistemologists would call them).

And Matt, you're right about this stuff, except, I think John Conyers entered articles of impeachment a while ago.


Progress is Personal | Connie Brennan | My opinions are mine alone
by msnook on Thu Dec 07, 2006 at 01:28:38 PM EST

Ahem (none / 0)

I meant to call you "Chris." My B.


Progress is Personal | Connie Brennan | My opinions are mine alone
by msnook on Thu Dec 07, 2006 at 02:45:27 PM EST
[ Parent ]

Pedantic much? (none / 0)

You might want to check that spelling of "comparisons."  That's probably another thing that really makes you mad.


by tomemos on Thu Dec 07, 2006 at 03:12:52 PM EST
[ Parent ]

Re: Comparrisons can't be "false," Neal (3.00 / 1)

Here is the comparison:

Clinton: Very popular.

Bush: Very UN-popular.

Clinton: lied about sex.

Bush: lied to start a war, while being delusional about reality on the ground, and botched the war he lied to start. While looking the other way as war profiteers boosted profits at the expense of soldiers lives. Bush wipes his ass with the Constitution.

The comparison is that there is no comparison.


by bejammin075 on Thu Dec 07, 2006 at 06:25:03 PM EST
[ Parent ]

Re: Comparrisons can't be "false," Neal (none / 0)

Why is that?  Please explain.

For one thing, the GOP had a stronger hold on Congress back then than we do now, and they also had the media on their side (which we won't) -- and it STILL took them over two years to bring it to a vote in the Senate.  Bush will be out of office normally before he can be impeached.


by Phoenix Woman on Fri Dec 08, 2006 at 09:10:14 AM EST
[ Parent ]

Re: On Impeachment (2.33 / 3)

Impeachment should be off the table unless we want to lose both chambers in 2008


The Kentucky Democrat
by kydem on Thu Dec 07, 2006 at 01:29:40 PM EST

Bravo! (3.00 / 1)

How shocked and refreshed would the country be to see politicians focused not on the past and tearing down their enemies out of spite and ill will, but looking forward to the future and how they can pass legislation that will actually benefit the country?


by dallas young dem on Thu Dec 07, 2006 at 01:29:58 PM EST

Re: Bravo! (3.00 / 1)

Agreed here. Settling scores is not good practice if we want to govern.


Me | My Work | Future Majority
by Josh Koenig on Thu Dec 07, 2006 at 02:33:17 PM EST
[ Parent ]

I'm not interested in holding hands and singing... (none / 0)

I'm not really interested in holding hands and singing songs of brotherhood. The consequences of "not focusing on the past" will condemn us to repeating those past mistakes.

If the last 30 years of republican behavior has taught us anything, it is that they will never back off. They (and their enablers) must be held accountable. If we do nothing, we share their guilt.

I'm not a remarkable person by any means. I'd prefer to live a quiet life and work in my career (something I'd been doing since the age of 10). In their desecration of the Constitution and their run up to the war I saw the insanity for what it was. I knew then, that if I didn't speak out I would be guilty of the greater crime of silence. So, I spoke out and in turn I was publicly villified, threatened, and assaulted. I even had a right wingnut stalker. Well, I was right about all this, wasn't I? And so were a whole lot of other people.

I'm not particularly interested in the tender sensitivities of all those people who voted for dubya in 2000 and 2004 because they weren't paying attention, or because they watched too much of the Faux News Channel and now, suddenly, think something isn't quite right. Well, I want them to really see what their actions wrought. However uncomfortable or squeamish it makes them feel. Then maybe, just maybe, they won't make the same mistake a third time.

It's not "spite and ill will", it's justice. There is a difference.

If we do not hold dubya and his administration accountable for their actions now, we then condemn those in the future to be held to account.


543,895 votes
by Michael Bersin on Thu Dec 07, 2006 at 09:12:19 PM EST
[ Parent ]

How does it "hold them accountable"... (none / 0)

...if it won't come to a Senate vote before Bush leaves office in January of 2009?

Remember how long the Clinton impeachment took?  And that was with the media backing the GOP all the way, and the Republicans' dropping everything else on their agenda, AND having a tighter grip on both Houses of Congress than the Democrats have right now.


by Phoenix Woman on Fri Dec 08, 2006 at 09:24:39 AM EST
[ Parent ]

Re: On Impeachment (none / 0)

    Chris, what part of impeachable offense don't you understand? The criteria for impeachment of the president are High crimes and midemeanors. Lets see now. Illegal preemptive war against country with no proof, just like Nazi Germany's attack against Poland? Check. Genocide that will cause over a million deaths. Check. Contempt of Congress by assuming dictatorial powers. Check. Obstruction of Justice (Plamgate). Check. Pergery. Check. Listen, With what Bush has done, Nixon shouldn't have been impeached; the bastard should have been given the Congressional Medal of Honor!


by alexsycara on Thu Dec 07, 2006 at 01:30:14 PM EST

Re: On Impeachment (none / 0)

Nixon wasn't impeached... he resigned.


by Kalex on Thu Dec 07, 2006 at 04:04:10 PM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

Chris, you're writing this because you're smart and what you've said needed to be articulated clearly.  The hatred of the Bush administration among progressives is palpable.  Impeachment doesn't even seem enough.  (My own fantasies run more along the lines of carrying them off in chains and sent to Gitmo; the only possible use I see for waterboarding is to use it on the Neocons.)  That said, I'm in total agreement with you that Democrats will gain much more from doing SOMETHING that involves delivering needed government services to the people.  

If two years are taken up with retribution, where are we on healthcare, the environment, the economy, fair and honest voting, shutting down the K Street Project?  Pelosi is smart enough to know that she needs to look like a problem-solver, not an angry mommy, to get America on her side.  I really don't want to see people ham-string her with damands for punishment.  Investigation of war profiteering -- by all means!  Impeachment -- a waste of time.  History will judge Bush, harshly.  No presidential library "think" tank in the world can white-wash what he's done.


by jukesgrrl on Thu Dec 07, 2006 at 01:34:34 PM EST

This is all (3.00 / 1)

just illusion, confusion and a total misreading of any history of Congress.  

Nothing happens like this comment by NealB.  Nothing.


by dataguy on Thu Dec 07, 2006 at 01:34:40 PM EST

Re: On Impeachment (3.00 / 2)

The best thing I heard about impeachment is that it is not a political party process.  It is in the Constitution as a safeguard for the people, not for the parties to use politically, which is what happened with Clinton. The Founding Fathers were mostly extremely sceptical about the interests of political parties.

Impeachment, to arise from the Constitution's purpose for it, would need to follow from the facts gathered through investigation and oversight and become so obvious to the people that it would be demanded by them.  That could still happen, but it certainly shouldn't according to this come from a political campaign or independent PACS set up to achieve impeachment.  So let the Congress do its mandated oversight and we shall see if a call to impeachment arises from overwhelming evidence.

Until then, Congress should govern and get things done, including oversight.  Let impeachment be a result (if it should come to that, which I hope it does not), not a purpose, of government actually working.


by ktmseattle on Thu Dec 07, 2006 at 01:36:17 PM EST

Oversight and investigation, yes (2.50 / 4)

Impeachment would be a total error.  

We would lose both the House and the Senate.

In fact, impeachment is what the Republicans want MOST OF ALL. They desperately want us to squander the next 2 years chasing this Children's Crusade of a stupidity.  That way, they can call the Dems the Party of Hate Bush, the Party of No Ideas, the Party of Divisiveness, the Party of Hate, etc.

And the Dems would be making explanations.   If you are making explanations, you are losing.


by dataguy on Thu Dec 07, 2006 at 01:39:38 PM EST

Re: Oversight and investigation, yes (none / 0)

Dataguy writes,


In fact, impeachment is what the Republicans want MOST OF ALL. They desperately want us to squander the next 2 years chasing this Children's Crusade of a stupidity.  That way, they can call the Dems the Party of Hate Bush, the Party of No Ideas, the Party of Divisiveness, the Party of Hate, etc

Who are you? a troll? This is scare talk, the kind of thing Republicans fantasize about. This model is totally based on the Republican impeachment of Clinton, which was transparently about Republicans trying to lynch Clinton. Everyone knew it. It completely ignores Watergate, which is much the better model. You remember what happened? After Nixon's resignation, the Democrats won the next presidential election (Carter).

However, if the Democrats take the high road, and make impeachment about defending the Constitution, as well they should, the public will rally behind them, and Democrats will roll over more incumbent Republicans in 2008.


by Bob Schacht on Thu Dec 07, 2006 at 07:02:21 PM EST
[ Parent ]

You have not been paying attention (3.00 / 1)

That is EXACTLY what they would say.  I can write the ads already.

They ALREADY say this stuff about Dems.  If we rush into impeachment, they would merely say it louder.

Rule of Politics # 120: If you are explaining, you are losing.

We would be explaining, and we would lose the House, Senate and WH in 2008.


by dataguy on Thu Dec 07, 2006 at 07:07:08 PM EST
[ Parent ]

Excellent summary (3.00 / 1)

As Chris suggests, it's not going to affect the view of those who prefer not to be confused with the facts.

But clearly and concisely summarised.

Quick question: why does official Dem prose (eg, New Direction) have to be so eye-gougingly ghastly?

Quick answer: pay Chris megabucks to write the stuff for them!


by skeptic06 on Thu Dec 07, 2006 at 01:52:27 PM EST

Re: Excellent summary - I agree (none / 0)

We need more thought and clear views of this, and far less revenge fantasy.


by dataguy on Thu Dec 07, 2006 at 03:56:55 PM EST
[ Parent ]

The problem (3.00 / 2)

That's always the problem.

People want to do the right thing, but they're afraid someone, somewhere, will spin what they do to  their distinct disadvantage. Given the disfunctional nature of our society, our institutions, and our government, I can't say I blame people for being squeamish.

That's the problem.

Has dubya committed impeachable offenses? You bet. In spades.

We need to do the right thing. Our Congressional institutions need to expose dubya and his administration of malfeasance. The power of subpoena is a good thing, the self-righteous cable gasbags be damned.

Most of all, I want to hear the inside-the beltway chattering classes explain to me why getting a blow job in the Oval Office is an impeachable offense, and why committing crimes against humanity are not.

It's all in the timing. The vote to impeach should come in January 2009 - in the interim between the seating of the new Congress and the swearing in of the new President.

Because we can.  


543,895 votes
by Michael Bersin on Thu Dec 07, 2006 at 02:02:05 PM EST

Re: The problem (none / 0)

I think "Because we can" was exactly the rationale the Republicans used to impeach Clinton.  That may have lost them the Presidency (before the Supreme Court got it back for them).

I agree that Bush is impeachable, but that doesn't make it a good political idea.

And really, what says "interested in revenge, not progress" like impeaching someone two weeks before he leaves office?  That will never happen.


by tomemos on Thu Dec 07, 2006 at 03:56:08 PM EST
[ Parent ]

Re: The problem (none / 0)

It's about accountability, without getting in the way of good governance. Though, the supremes blew it with Clinton v. Jones (95-1853), 520 U.S. 681 (1997

...We add a final comment on two matters that are discussed at length in the briefs: the risk that our decision will generate a large volume of politically motivated harassing and frivolous litigation, and the danger that national security concerns might prevent the President from explaining a legitimate need for a continuance.

We are not persuaded that either of these risks is serious. Most frivolous and vexatious litigation is terminated at the pleading stage or on summary judgment, with little if any personal involvement by the defendant. See Fed. Rules Civ. Proc. 12, 56. Moreover, the availability of sanctions provides a significant deterrent to litigation directed at the President in his unofficial capacity for purposes of political gain or harassment. [n.42] History indicates that the likelihood that a significant number of such cases will be filed is remote. Although scheduling problems may arise, there is no reason to assume that the District Courts will be either unable to accommodate the President's needs or unfaithful to the tradition--especially in matters involving national security--of giving "the utmost deference to Presidential responsibilities." [n.43] Several Presidents, including petitioner, have given testimony without jeopardizing the Nation's security. See supra, at 23. In short, we have confidence in the ability of our federal judges to deal with both of these concerns.


- quit nicely drawn out, eh. They were wrong.

The beauty of impeachment in the interim is in imposing accountability with a minimum of impact on the business of the republic.

Oh yeah, impeachment can be a political act. The republicans can and will pull that trigger. They have to fear others will too, just to make them think twice about ever doing it again for political purposes.


543,895 votes
by Michael Bersin on Thu Dec 07, 2006 at 04:47:55 PM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

The only way you get to impeachment is to hold investigations. As long as the Democrats pursue investigations in a responsible and appropriate fashion (while also making sure that those investigations don't get in the way of either passing legislation or the perception that the Democrats are putting the business of the country front-and-center), then everything else will follow naturally.

In other words, either those investigations will create public and congressional support for impeachment or they won't.

The investigations, however, are non-negotiable (IMO): Failing to investigate the massive corruption of the past several years would be a dereliction of duty, plain and simple.


www.thealexandrian.net
by Justin Alexander on Thu Dec 07, 2006 at 02:08:26 PM EST

Re: On Impeachment (none / 0)

I agree with Justin: investigations are absolutely necessary. And, I believe, those investigations (and the administration's attempts to stonewall them) will actuallly push Congress into an impeachment mode. Did anyone see Republican Senator Charles Grassley on CSPAN this morning on the floor of the Senate explaining why he was opposed to the ending the fillibuster against the appointment of the new FDA head? As he made clear, using charts and graphics and Democrats' own 2006 campaign rhetoric, it is all about the Executive Branch's refusal to admit that there is such a thing as Congressional oversight. So, Bush/Cheney, et al, will focus on stonewalling Democratic attempts to investigate, prompting a Constitutional crisis (at least, bringing it out into the open), and Democrats will be forced to either impeach or admit to a permanent reordering of power among the branches of government established by the Constitution.
"The greatest danger for most of us is not that our aim is too high and we miss it, but that it is too low and we reach it. -- Michelangelo
by Mike Stagg on Thu Dec 07, 2006 at 02:30:13 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

Exactly. Everyone should be able to agree upon this and stop worrying about making strategic arguments about whether impeachment proceedings would help or hinder us in '08.


by The Cunctator on Thu Dec 07, 2006 at 02:30:22 PM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

I agree with your analysis of how practical this is.  At the same time, I disagree with your analysis of how necessary it is. This administration has committed crimes against humanity and has damaged our democracy. We cannot ignore that record.  Yes, of course the media will blow its hot air all over the place, but Congress isn't there to provide entertainment.  It's supposed to do the work of the people, and the work of the people at this point has to include ensuring that our freedoms are never again threatened from within.  The gasbags be damned.


by cmac on Thu Dec 07, 2006 at 02:13:50 PM EST

Re: On Impeachment (none / 0)

I thought it was interesting as the figures came in showing there would be a Democratic majority in Congress that the conservative pundits immediately began asking in hushed tones whether there would be impeachment proceedings.

Why would they ask that question, unless even they thought that there were good grounds?  I mean, surely that isn't the usual topic of conversation when power in Congress switches hands?


by catherineD on Thu Dec 07, 2006 at 02:29:46 PM EST

Re: On Impeachment (2.00 / 1)

I'm not sure why you're writing this either.

You've added a net zero to the discussion.

This comment has nothing to do with the substantive position you've taken, except to say that there was no particular value to your restating exactly the same substantive position taken by dozens before you.

Naturally, it's no secret that I disagree with those positions, but that doesn't even enter into this. What I'm saying here is that all of this has been said before.


by Kagro X on Thu Dec 07, 2006 at 02:32:45 PM EST

Seems pretty thoughtful to me (none / 0)

but then, I'm a thoughtful guy.

I like to think the consequences all the way through, from A to Z, not from A to B.

He discussed the cons pretty carefully.

You don't have anything on your side.  You have not a single Senator.  I have never seen a single pro-impeachment person even TRY to sketch out a time-line.  

Why not try to sketch out your side's position?

How long would it take?

What would be the political cost?

Where is the Popular support (HINT: YOU NEED 75 % MINIMUM HERE)?


by dataguy on Thu Dec 07, 2006 at 03:55:09 PM EST
[ Parent ]

Re: Seems pretty thoughtful to me (2.00 / 1)

I've actually done this already. The point of my commenting here is that everything Chris had to say has been said a hundred times over.

This was a cut and paste post. He's entitled to it, of course. But it's neither news, nor original analysis.


by Kagro X on Thu Dec 07, 2006 at 04:01:48 PM EST
[ Parent ]

Re: Seems pretty thoughtful to me (none / 0)

Gee, thanks for your approval Kargo X. I'm sorry for repeating something someone said to you in a discussion once somehwere that I was not a part of and didn't know took place. I do appreciate that you think the I have the right to say it, even though you think it didn't add anything to the discussion.

Just to be on the safe side, before I write anything in the future, I run it past you to make sure it isn't something you already heard.
by Chris Bowers on Thu Dec 07, 2006 at 04:19:33 PM EST
[ Parent ]

Hey, no problem. (none / 0)

I'm not saying that wouldn't be a smart idea, either.

I'm sorry that pointing that out to you hurt you so deeply. You usually produce a lot of good original analysis, and this seemed like a throwaway post, when a much more thoughtful one would do.

All of those bullet points, then, were your own original thinking on the subject, and you've never seen them discussed anywhere?


by Kagro X on Thu Dec 07, 2006 at 04:45:57 PM EST
[ Parent ]

Comment rating abuse (3.00 / 1)

A couple users are giving comments a "1" rating solely for having the temerity for thinking that impeachment is a bad idea.

Knock it off.  Trying to censor opinions you don't like is childish and stupid.


by fwiffo on Thu Dec 07, 2006 at 02:35:57 PM EST

Re: Comment rating abuse (none / 0)

The trick is not to care.

Be the rating, grasshopper.


543,895 votes
by Michael Bersin on Thu Dec 07, 2006 at 04:50:57 PM EST
[ Parent ]

Re: Comment rating abuse (none / 0)

Actually, raitngs abuse is a problem, and it needs to be dealt with. I don't mind whne people point it out. This is especially the case on MyDD, when so few people rate, and someitmes how one person rates and screw up an entire thread.
by Chris Bowers on Thu Dec 07, 2006 at 05:44:47 PM EST
[ Parent ]

Re: Comment rating abuse (none / 0)

In the scheme of things does one bad rating (or two) really mess someone up? A "1" is a "1" is a "1". I admit I do find it irritating when someone's comment is zeroed out - especially when the responses are educational. We can sometimes learn a lot in reading those responses about how to counter the opposition.

In another place - a long time ago - I instituted a "troll museum" - it kept the troublemakers at bay (they could no longer complain about "censorship") and it helped educate the community about who the trolls were and about some techniques for dealing with them.


543,895 votes
by Michael Bersin on Thu Dec 07, 2006 at 06:15:43 PM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

Probably? Bush confessed to numerous felonies when he revealed he was doing an end-around on the FISA court.

Slam dunk.

I'm of the mind that these people are criminals, whose only loyalty is to money and power. They are a cancer on the body politic, and should therefore be excised. Their illegally obtined weath should be confiscated, and Halliburton, Blackwater, etc., should receive the corporate death penalty.

Bush and Cheney, and their toadies, should not only be impeached, but tried for war crimes, both here in the States and in the ICC in Den Hague.

Whatever happened to the rule of law?

I think this timidity over impeachment is a direct result of the witch-hunt that turned the Cliton presidency into a political triage unit. It's put us off our food, so to speak.

Well, I for one don't like the idea that we shouldn't impeach because it would be messy politically, and I'm really quite shocked that many on the progressive side of the blogosphere don't seem to have the stomach for this.

Impeach! Impeach! Impeach!

We cannot let them get away with this criminal behavior.

Period.


by Tod Westlake on Thu Dec 07, 2006 at 02:41:10 PM EST

How about we restore US legal rights first? (none / 0)

Got a lot of serious problems to fix and impeachment impedes solving those problems.

If Congress simply restored civil rights we lost from Patriot Act that would be huge...a No.1 on the list kind of thing.

Something that could be done RIGHT NOW.

That'd be a nice netroots campaign item.


by BrionLutz on Thu Dec 07, 2006 at 02:43:56 PM EST

I agree with much of the commentary (none / 0)

here, perhaps summarized as proceeding with a "Do Something" Congress, passing middle and lower-class progressive bills and sending them to Bush, daring the veto and letting the Republicans scramble to explain the opposition.  All the while, Conyers, Waxman, Dingell, et al proceed with their investigations (and this time with subpoena power and not in the basement).  If impeachment becomes so obvious within 1 year (not 2 years because 2008 will be an election year), then it will be because the Republicans are holding their own accountable like Nixon's forced resignation.

Impeachment is the only method to hold Bush accountable while in a Constitutional Office, if I am not mistaken.  Out of office, however, and would it not open up crimes against humanity (for one example) prosecutions for a citizen, no longer protected by a Constitutional Office?  Germany isn't waiting to go after Rumsfeld, is it not possible that the Bush-Cheney-Rice-Rumsfeld-Wolfowitz-etc. cabal can be held to account well into the future, after the Democratic Party has shown (again) that it really does a good job at governing, despite the RWCM trying their hardest to show otherwise?


by Intellectually Curious on Thu Dec 07, 2006 at 02:45:09 PM EST

Re: I agree with much of the commentary (none / 0)

The overlooked problem here is that no kind of criminal prosecution can address the issues of "high crimes," which is what impeachment is for, of course.

Now, what are "high crimes?" Well, they're not crimes committed at altitude. As they were understood by the founders, they were crimes against the Constitution, and against the government and nation at large. What sorts of crimes were those? Crimes like usurping the legislative prerogative and nullifying duly passed legislation unilaterally, on the claim of "inherent powers." Among other things.

No ordinary criminal prosecution can address those issues, because they're not ordinary criminal statutes. And while there are certainly ordinary criminal standards that have been abrogated, none of them offer the opportunity to address the central question of whether or not they may be violated with impunity while a president serves in office.

There's only one way to do that. But that's being ignored for the moment. Apparently this is a strategic discussion. An old one that we've been over a hundred times already, but a strategic discussion nonetheless.


by Kagro X on Thu Dec 07, 2006 at 02:54:31 PM EST
[ Parent ]

Civil Prosecutions could do it (none / 0)

And the examples of Agnew and Clinton show that sitting Prezzes and Veep can be sued, even for the flimsiest of reasons.


by Phoenix Woman on Fri Dec 08, 2006 at 09:12:43 AM EST
[ Parent ]

Re: Civil Prosecutions could do it (none / 0)

Civil prosecutions could do it?

Tell us how.


by Kagro X on Fri Dec 08, 2006 at 09:51:34 AM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

I tend to agree with Chris on this. Nothing would unite the GOP faster than impeachment, and nothing would distract from our agenda more either. Unforuntately the reality of politics is that sometimes doing what we feel is right is not in the best interests of our party, or our nation.

Also, does anyone really like the sound of "President Cheney"? Assuming we wouldn't impeach both (which the country would never tolerate IMHO), Dick would be running the show for the next two years, and all of us on this blog might have a government sponsored 'vacation' to a naval base in Cuba.


by bjschmid on Thu Dec 07, 2006 at 02:49:28 PM EST

Re: On Impeachment (3.00 / 1)

I'd like to address this as dryly as possible.

We only get to "President Cheney" in a post-impeachment atmosphere, which means we have a Congress that has thoroughly investigated the grounds for impeachment, found them present, and has flexed its muscle to the point of removing the first sitting president in American history.

Against that background, I'm not sure how scary a "President Cheney" really is.

A Congress that can impeach and remove Bush is a Congress that can either keep a "President Cheney" well in check, or dispense with him as well.

Hell, the paperwork will already have been done.


by Kagro X on Thu Dec 07, 2006 at 02:58:58 PM EST
[ Parent ]

And after that (3.00 / 1)

we'll just light up our cigars and float to Jupiter.

I just love the hard-headed, thoughtful plans here.


by dataguy on Thu Dec 07, 2006 at 03:49:26 PM EST
[ Parent ]

Yawn. (none / 0)

Tell us all why it's so hard-headed and thoughtful to believe that a Congress that's just finished impeaching and removing a sitting president would suddenly forget how they'd done it, and why.


by Kagro X on Thu Dec 07, 2006 at 04:03:06 PM EST
[ Parent ]

I hope you're being disingenuous. (none / 0)

He means that it's pure fantasy to think that we will remove two sitting Presidents in two years.  That's not a congressional proceeding, it's a putsch.


by tomemos on Thu Dec 07, 2006 at 04:14:59 PM EST
[ Parent ]

Re: I hope you're being disingenuous. (none / 0)

But it's "fantasy" that's conditional on becoming partially real.

You can't just drop the "hard-headed analysis" after  Phase I, and then pretend Phase I didn't happen, and analyze Phase II as if it didn't.


by Kagro X on Thu Dec 07, 2006 at 04:19:54 PM EST
[ Parent ]

Many on the pro-impeachment side (none / 0)

say things like "Cheney would resign" and "then we would take out Cheney."

It's just a revenge fantasy.

There is no thought in this.  It's just a bunch of giddy teenagers, talking about how, when the parents go to Chicago, they are gonna have a HUGE PARTEEEE, man.

No thought - not even a single one - about WHEN THE 'RENTS return.


by dataguy on Thu Dec 07, 2006 at 03:51:35 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

Um, NealB, you are aware that impeachment isn't the same as conviction, right?  The Republicans in '98 had the votes to impeach, but not to convict.  Much good it did them.

Plus, what you're describing--Congress resolving to take out the entire executive branch by fiat--sounds like a pretty Bushistic abuse of power to me.


by tomemos on Thu Dec 07, 2006 at 03:01:32 PM EST

Re: On Impeachment (none / 0)

I agree with your second point

but he does say 'veto-proof majority in the senate'


"You say the world has lost it's love I say embrace what it's made of" -Dar Williams
by Valatan on Thu Dec 07, 2006 at 03:16:27 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

Fair enough.


by tomemos on Thu Dec 07, 2006 at 03:59:42 PM EST
[ Parent ]

Impeachment?Conviction (none / 0)

Just to reiterate, being able to impeach the President is not the same as being able to remove him from office.  I mention this only because a number of peple here seem to be wondering whether getting Bush would enough, or if we could get the next in line, too.  Guys, it will never, ever come to that point.


by tomemos on Thu Dec 07, 2006 at 03:11:14 PM EST

Where do you buy that stuff? (none / 0)

Wish I had me some weed like you got.

If you ain't on weed or acid, you are seriously deranged.  There is no one with the tenacity of Cheney.  It would be 15-18 months before anything happened.


by dataguy on Thu Dec 07, 2006 at 05:28:07 PM EST
[ Parent ]

Restoration, Not Impeachment (none / 0)

This is exactly what I wrote on DailyKos at Thanksgiving:

I do honestly believe that both Bush and Cheney deserve to be impeach, tried on charges of High Treason, convicted, and hanged, drawn, and quartered the old-school British way. ;-)  However, from a political standpoint, I don't think that'd help either us or the country all that much.

What would help is the vigorous investigation process that would eventually lead to impeachment, but we'd be better served by using those investigations as a tool to educate the public and build a real movement to undo all of the damage the last twelve years of Republican rule have wrought.

Read more


Sean Robertson
by Sean Robertson on Thu Dec 07, 2006 at 03:14:54 PM EST

Re: On Impeachment (3.00 / 2)

1) Democrats don't impeach Bush, Congress impeaches Bush.  We would not impeach Bush without bipartisan cooperation.

2) Impeachment isn't a legislative priority, it is a tool to use in case Bush willfully flouts Congressional authority.

3) Taking impeachment off the table is removing a huge source of potential leverage, for no reason.

4) Impeachment could be critical to governance in various scenarios I'm playing in my head.

You're setting up a straw man, Chris.  Impeachment isn't something to push for unless it's clearly necessary as tool to push back on Executive authority overreach.  Let's see how Bush reacts to Congress, and then figure out whether the public is satisfied with his intrangience.


by Matt Stoller on Thu Dec 07, 2006 at 03:22:30 PM EST

Re: On Impeachment (none / 0)

He's setting up someone else's straw man, at that.


by Kagro X on Thu Dec 07, 2006 at 03:35:23 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

I'm kind of courious about the senerios which would lead to an impeachment that you've got running through your head.

I do agree however, that taking impeachment "off the table" is not a good idea and is the equivalent to a president taking the use of military force "off the table" during an international incident. There are too many unknowns, such as whether Bush will clearly and openly defy a duly enacted statute in an unprecendented power grab by the executive branch. He's pushing the line, but not quite there. It would also be interesting to see where the chips would fall in the event he faced a joint resolution calling for the troops to  withdraw, and he ignored it.  


by bjschmid on Thu Dec 07, 2006 at 03:51:11 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

I think you're answering your own question.

One other scenario I'd add is if when the "administration" begins ignoring our vaunted "subpoena power."


by Kagro X on Thu Dec 07, 2006 at 04:11:04 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

Kagro is right. Do you remember what led to Nixon's downfall? It was the fight over subpoena power. That is exactly where the current battle is headed.

In Watergate, remember, it was the Special Prosecutor's attempt to subpoena the White House Tapes that Nixon initially refused, and then fired Archie Cox in the infamous Saturday Night Massacre that rallied public opinion and sealed Nixon's fate. The current administration is equally obstinate about subpoenas.

Scenarios? Don't forget the critical role of Special Prosecutors in Watergate, and don't forget that we already have a special prosecutor, Patrick Fitzgerald, and he has already been cleared to essentially investigate whatever he wants to (Oh, happy day!) Everyone has been overlooking this. I think that all it would take to get him started is for a congressional committee to hand him something and ask him to investigate it-- and I don't think he even needs to wait for that.

Bob in HI


by Bob Schacht on Thu Dec 07, 2006 at 06:06:04 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

It's not a strawman. There are 1,296 diaries or stories on Dailykos with the tag impeachment. It is one of the most oft-discussed topics in diaries there, and the diaries often make it on the rec list. I was writing this diary largely after reading a few diaries on Dailykos yesterday that brought the subject ot mind.

And I do not agree with keeping all options on the table as a form of levredge. It reminds me of the notion that we should keep pre-emptively nuking Iran on the table as a form of leverage against them. That idea was crzy--it wasn't a form of levredge. Imeacphing Bush is a lot less crazy than that, but I still don't think it is a good idea. I actually think it could potentially help our forthcoming investigations to take it off hte table. Otherwise, everything we do wold simply be spun as leading toward impeachment.
by Chris Bowers on Thu Dec 07, 2006 at 05:34:32 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

One of the reasons you keep it on the table is that it's the power that underlies the "subpoena power" that Pelosi is still willing to promise we'll exercise.

Constitutionally speaking, Congress has no independent enforcement power for its subpoenas. The penalty for defying a Congressional subpoena is contempt of Congress, but contempt charges are prosecuted at the discretion of the U.S. Attorney, which is, of course, a branch of the "unitary executive." Congress may even have to rely on the executive to even serve those subpoenas, since they're typically served by the U.S. Marshals Service, also a branch of the DoJ.

So to the extent that the "off the table" promise is iron-clad, the much-vaunted "subpoena power" is literally dependent on the "administration's" voluntary compliance with it.


by Kagro X on Thu Dec 07, 2006 at 06:09:52 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

So, if 69% of the public supported impeachment, would you still oppose it?


by Tair on Thu Dec 07, 2006 at 03:50:13 PM EST

Re: On Impeachment (1.00 / 0)

Yes yes, good point--and might I add, what if 169% supported impeachment?  Then what would your position be?


by tomemos on Thu Dec 07, 2006 at 03:52:58 PM EST
[ Parent ]

Re: On Impeachment (3.00 / 1)

If 69% of the public supported impeachment we wouldn't be having this discussion.


by bjschmid on Thu Dec 07, 2006 at 03:53:32 PM EST
[ Parent ]

75 % is my minimum (none / 0)

Because we already have about 40 % - all the dems.

Independents are 20 % or so, varying from locale to locale. That gets you to about 2/3 of them is 13 %, and we are up to 53 %.

Now, we need 1/2 the republicans.  That's about 20 %, and we are at 75 %  or close to it.

Unless we have about that, we are shooting ourselves.


by dataguy on Thu Dec 07, 2006 at 04:06:29 PM EST
[ Parent ]

Re: On Impeachment (none / 0)

If 69% of the public supported imepachment, we would have 400 seats in Congress.
by Chris Bowers on Thu Dec 07, 2006 at 05:45:49 PM EST
[ Parent ]

This Is A BAD Argument, Chris (3.00 / 1)

I probably agree with you at a fundamental level as much as anyone else at this site, particularly among long-time commentators.  (I signed up back in the day when you could still comment as "anonymous hero.")  But this is really BAD argument, Chris.  Possibly the first I've ever heard from you that I would characterize that way.

Why is that?  Simple: It completely disregards principle on an issue where principle cannot rightly be ignored, and it sacrifices principle to expediency without considering how the two might be reconciled.

Now, I happen to agree substantially with your general conclusion--that impeachment has virtually no chance to succeed, and a potential to actually help the Republicans.  (Although your citation of polls is misleading, since the question is typically "Based on what you have read or heard, do you believe that President Bush should be impeached and removed from office, or don't you feel that way?", which is certainly premature to ask even before an investigation has even begun.) But that doesn't mean it shouldn't be done, if it is both right and necessary to do.

My problem with impeachment is simply this: it's too little, too late.  Our problem is that we didn't impeach Reagan and Bush over Iran-Contra.  That failure--in the name of the same sort of lame excuses being trotted out right now--paved the way both for the purely political witch-hunt impeachment of Bill Clinton, and for the wholesale lawlessness of the Bush Regime.  At this stage, impeaching Bush and Cheney would not come close to remedying the problem they embody and symbolize.

Therefore, I strongly support continued activism around impeachment, because I think these issues need to be raised.  But they are only one facet of the systemic corruption, and virtual abandonment of democracy--and its preconditions dating back to the Magna Charta--that we now face.

The substantive political issues that Chris points to, as well as the winning of the presidency in 2008, and beyond that, the continued transformation of the Congress, the strengthening of the 50-state project, all these are vitally important as well.  But even if we could successfully pursue them in a constitutional vacuum, they alone would not secure our future.

I don't have a simple pre-packaged way to resolve and combine these perspectives.  There is a tension here, and it ultimately cannot go away until we have returned to constitutional government, which we have not had for quite some time--since November 2000 at the very least, but I would argue since Iran/Contra and the October Surprise before it.

The more that "sensible, pragmatic" types dismiss this as "impractical," the more it feeds the more irrational forces that can increasingly focus on impeachment.  We have already seen what a liability it is to have an often self-marginalizing peace movement, rather than one that cannot be ignored.  This is why even the most hard-nosed realists within the Democratic activist community should want to treat the impeachment option with dignity and respect, despite disagreeing with it: because we need a healthy tension between different factions, and positions, each represented by its best possible advocates.

The principle here is exactly the same that I have always had toward people on the opposite wing of the party--the "centrists."  I do not attack Lieberman because he is a centrist, but because he is a bad centrist, a party-destroying centrist.  He is, ultimately, a very bad representative for centrists, and I'm glad that a number of centrists on this site have said so themselves.  I will certainly criticize all centrists because of policy differences, but I will just as assuredly understand Senator Nelson's position representing Nebraska, and not expect him to vote and speak out like Boxer, Feingold, or Sanders.

And I ask the same sort of consideration for high-calibre impeachment activists as well.  We are strenghtened by our diversity when it is principled and well-argued.  We are strengthened by a diversity of organizing approaches as well.  We are strengthened by our ability to keep our minds open to new ideas and new information, even as we remain committed to our chosen positions.  We can not only walk and chew gum at the same time, we can do it with dignity, grace, compassion and mutual respect.

And we can make America be America again.  As  Langston Hughes said:

"O, let America be America again--
The land that never has been yet--
And yet must be--the land where every man is free.
The land that's mine--the poor man's, Indian's, Negr