Site Presented By
Monday, Oct 6, 2008
Yes, the president committed a federal crime by wiretapping Americans, say constitutional scholars, former intelligence officers and politicians. What's missing is the political will to impeach him.
Dec 22, 2005 | On Tuesday, Dec. 20, Washington Post polling editor Richard Morin participated in an online chat with readers. The liberal blog MyDD urged its users to take part, and evidently they did. In previous days, legal experts had declared that Bush had committed a federal crime by authorizing the surveillance of American citizens without a court order, and Morin was grilled about the issue of impeachment.
First, someone from Naperville, Ill., asked Morin why the Post hasn't polled on public support for impeaching Bush. "This question makes me mad," Morin replied. Someone else repeated the question and Morin typed, "Getting madder." It came up again, and he wrote, "Madder still."
Finally, a fourth person asked it, and he answered: "[W]e do not ask about impeachment because it is not a serious option or a topic of considered discussion -- witness the fact that no member of congressional Democratic leadership or any of the serious Democratic presidential candidates in '08 are calling for Bush's impeachment. When it is or they are, we will ask about it in our polls."
Morin was wrong. It may be exceedingly unlikely that President Bush will be impeached, but in the past few days, the I-word has become a topic of considered discussion among constitutional scholars, former intelligence officers and even a few politicians.
"If you listen carefully, you can hear the word 'impeachment,'" curmudgeonly commentator Jack Cafferty said on CNN. "Two congressional Democrats are using it. And they're not the only ones."
Indeed, speaking on the Diane Rehm show on public radio, Norman Ornstein, a scholar at the conservative American Enterprise Institute, said, "I think if we're going to be intellectually honest here, this really is the kind of thing that Alexander Hamilton was referring to when impeachment was discussed."
On Dec. 17, after the story of Bush's domestic spying broke in the New York Times, the president conceded that he had ordered the National Security Agency to intercept Americans' communications without seeking judicial approval. Unrepentant, the White House insisted that Bush had been granted such authority by the post-9/11 congressional resolution authorizing "all necessary force" in the fight against terrorism, and that the president would continue to order warrantless searches.
The next day, during a public discussion with Sen. Barbara Boxer, D-Calif., former Nixon White House counsel John Dean called Bush "the first president to admit to an impeachable offense." Boxer took Dean seriously enough to consult four presidential scholars about impeachment.
"This startling assertion by Mr. Dean is especially poignant because he experienced firsthand the executive abuse of power and a presidential scandal arising from the surveillance of American citizens," she wrote to them. "Given your constitutional expertise, particularly in the area of presidential impeachment, I am writing to ask for your comments and thoughts on Mr. Dean's statement."
Boxer has not made public any of the responses yet. But other political scholars have weighed in. "The American public has to understand that a crime has been committed, a serious crime," Chris Pyle, a professor of politics at Mount Holyoke College and an expert on government surveillance of civilians, tells Salon. "Looking at this controversy objectively, you inevitably end up with a question of impeachment," says Jonathan Turley, a professor at the George Washington University School of Law.
On Dec. 18, Rep. John Conyers, D-Mich., the highest-ranking Democrat on the House Judiciary Committee, released a 250-page report detailing Bush's misconduct and, on his Web site, called for the creation of a select committee to investigate "those offenses which appear to rise to the level of impeachment." Rep. John Lewis, D-Ga., said in a radio interview that he would support trying Bush. "If there is a move to impeach the president, I will sign that bill of impeachment," he said.
Get Salon in your mailbox!
