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Efforts to impeach George W. Bush

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File:Harpers March 2006.jpg
Some have called for the impeachment of U.S. President George W. Bush. Shown here is the March 2006 newsstand cover of Harper's Magazine.
File:The Case for Impeachment of GWB.jpg
The authors present legal grounds for impeachment of Bush

The movement to impeach George W. Bush includes actions and commentary favoring the impeachment of United States President George W. Bush.

Those who have voiced support for impeachment include Democratic and Republican members of the United States Congress, various other politicians and government officials, demonstrators, scholars, authors, organizations, members of the media and a large segment of the American people and international community. The reasons they offer for Bush's impeachment vary, but include concerns about the 2003 invasion of Iraq and the controversy surrounding the National Security Agency's electronic surveillance program.

Opinion polls have shown significant public support for impeachment, generally ranging between 26% and 42% of the respondents in favor. Support for impeachment is stronger among Democrats and independents than among Republicans.

The House of Representatives Judiciary Committee has not considered the impeachment of President Bush and the House of Representatives has taken no action to do so. The Democratic Party leadership has indicated that they have no intention of impeaching Bush.

Impeachment

To impeach the President of the United States, a majority of the United States House of Representatives must agree to pass a resolution that alleges the President committed "treason, bribery, or other high crimes and misdemeanors." This impeachment resolution is commonly called an "Article of Impeachment" and spells out in detail the charges against the President. The House of Representatives then exhibits these Articles of Impeachment to the United States Senate since the U.S. Senate has the "sole Power" to "try all impeachments."

If the U.S. Senate, by two-thirds vote, finds the President "guilty" on any Article of Impeachment, then the President is removed from office and the Senate next votes on whether or not to disqualify him the ex-President from holding further office under the United States. Although already tried by the Senate, the ex-President is still liable to indictment and trial under regular criminal statues for any federal crimes he may have committed. If the U.S. Senate fails to reach a two-thirds majority for conviction, the President is acquitted and the trial is over.

In the House, the Judiciary Committee is the typical committee to where impeachment resolutions are referred. The Judiciary Committee has formally reported to the full House of Representatives impeachment resolutions against four Presidents: President John Tyler, President Andrew Johnson, President Richard Nixon, and President Bill Clinton. Of those four Presidents, only Andrew Johnson and Bill Clinton were impeached by the House. Both were acquitted by the Senate. President Nixon resigned after the Judiciary Committee recommended impeachment but before the full House considered the report. (Nixon resigned apparently after being told that his impeachment and conviction were near certainties by Arizona Senator Barry Goldwater, a staunch conversative Senator who ran for President in 1964.)

The President's pardon power does not extend to "Cases of Impeachment" and thus a President cannot intervene in either the House impeachment or the Senate trial. Dispute exists about whether the Impeachment exception to the pardon power extends to cases brought in the regular court system after Senate conviction.

Legal analysts consider impeachment to be extremely unlikely. If a minority of Democrats in Congress support two articles of impeachment on the basis of the Iraq war and the NSA wiretapping program, and if a minority of Republicans in Congress support a third article on the basis of immigration related issues, none of the three articles will gain the necessary votes.

Political views and actions

Democrats in Congress

House Speaker Nancy Pelosi (D-CA) is not interested in pursuing impeachment and has taken it "off the table". [1][2]

John Conyers, who had previously advocated the impeachment of George W. Bush, called for an investigation of the President in 2005.

On June 16, 2005 Rep. John Conyers (D-MI) assembled an unofficial meeting to discuss the Downing Street Memo and to consider grounds for impeachment. Dozens of members of Congress, former Ambassador Joseph C. Wilson and former CIA analyst Ray McGovern participated.[3]

On December 20 2005, the House Judiciary Committee Democratic Staff, at Conyers' request, filed its report. [12] Regarding this report, Conyers makes several allegations favoring impeachment on his blog.

Conyers filed a resolution on December 18 2005 to create an investigative committee to consider impeachment. His resolution gained 38 co-sponsors before it expired at the end of the 109th Congress. He has not re-introduced a similar resolution for the 110th Congress. [4]

As of May 18 2006, Conyers's current position regarding impeachment is "... rather than seeking impeachment, I have chosen to propose comprehensive oversight of these alleged abuses."[5]

On December 19 2005, Sen. Barbara Boxer (D-CA) issued a press release,[6] saying that she had written four undisclosed legal scholars, asking if there were grounds for impeachment. In the press release, she cited the December 16, 2005, New York Times disclosure of Bush's authorization of the National Security Agency to monitor Americans without warrants. However, in a December 20, 2005, CNN interview with Wolf Blitzer, Boxer stated she was not ready to call for Bush's impeachment.

Rep. John Lewis (D-GA) has said that the President should be impeached for authorizing the NSA's actions.[7] [8]

At another unofficial hearing convened by Conyers on January 20, 2006, Rep. Jerrold Nadler (D-NY) called for the committee to explore whether Bush should face impeachment, stemming from his decision to authorize domestic surveillance without court review. The proceedings had no legal authority, as committee chairman, Rep. James Sensenbrenner, (R-WI), rejected Democrats' requests for an inquiry. [9]

Keith Ellison was the leading figure behind the resolution to impeach President Bush brought to the Minnesota State House of Representatives in May 2006 (see below). Ellison said “I absolutely know and can show that (the president) deserves it; he deserves to be impeached.”[10]

Ellison was elected to the U.S. House of Representatives in November 2006. During the campaign and when he was named to the House Judiciary Committee, Ellison repeatedly called for an investigation into a possible impeachment.[11] [12] In support of his candidacy, he “received a $1,000 contribution from ImpeachPAC”.[12]

One of Ellison’s Republican counterparts from Minnesota, Rep. John Kline, said “Ellison's views won't matter because House Speaker Nancy Pelosi, D-California, has already said impeachment is ‘off the table.’ In all fairness to the gentleman from Minneapolis, he is a freshman member. I understand that he was endorsed by ImpeachPAC and supported financially. ... He probably feels that he made a commitment and he's got to make some noise, but so what?”[12] On April 22, 2007 Ellison later met with constituents, and listed new conditions for his support for impeachment hearings, such as verifiable facts and the backing of a majority of the American people. [13]

On December 8 2006 (the last day of the 109th Congress), then-Rep. Cynthia McKinney (D-GA) submitted a resolution, H. Res. 1106, introducing articles of impeachment against President Bush, Vice President Cheney, and Secretary of State Rice. The bill expired along with the 109th Congress.[14]

Republicans in Congress

Senator Chuck Hagel (R-NB) has raised the possibility of impeachment [13] but in an interview on ABC News' "This Week" on Sunday, March 25, 2007, Hagel explained, “I didn't call for it, I didn't predict it. What I was saying, I was laying out options here.”

Several weeks after Ignacio Ramos, one of the borderguards imprisoned for shooting an alleged drug dealer on the US-Mexico border, was assaulted in prison, Rep. Dana Rohrabacher (R-NM) said, ""I tell you, Mr. President, if [Ignacio Ramos or Jose Compean] -- especially after this assault -- are murdered in prison, or if one of them lose their lives, there's going to be some sort of impeachment talk in Capitol Hill." [15]

In July 2006, Rep. Ron Paul (R-TX) stated on Alex Jones' radio show "I would have trouble arguing that he's been a Constitutional President, and once you violate the Constitution and be proven to do that I think these people should be removed from office." [14]

State Legislatures

On April 20, 2007, the Vermont Senate passed a resolution calling for impeachment on a 16-9 vote, without debate.[16] [17] A similar resolution made its way through the Vermont House less than a week later, but was defeated 87-60.[18] [19]

On April 20 2006, the Illinois state legislature began to consider Resolution 125 (HJR0125), which brought five specific charges against President Bush. [20] On April 25 2006 over a dozen members of the Illinois house co-sponsored the bill, and referred it to the Rules Committee.

In April 2006, an impeachment proposal was introduced in the California state legislature. [21] On November 7 2006, voters in San Francisco and Berkeley approved ballot measures calling for Bush and Cheney's impeachment. [22] [23][24] Both measures call upon the California State Legislature and both houses of Congress to pursue impeachment proceedings.[25]

On May 4 2006, then-State Rep. Keith Ellison (DFL-Minneapolis) and four other DFL state legislators proposed a "resolution relating to impeachment of President George W. Bush".[26] [27]

On January 23 2007 a resolution was introduced to the New Mexico Legislature.[28] [28][29] [30]

The Democrats hold both chambers of New Mexico’s Legislature, but the resolution has been set to come before three different committee hearings. The New Mexican reported “That many committee assignments generally is thought of as the kiss of death for legislation. Not only are there three chances to kill a measure before it gets to a floor vote, it also increases the chance that time will run out in the 60-day session before a measure can make it through both chambers.”[29] Republican members told reporters that the were not taking the resolution seriously and cited the number of committee hearings as one of the reasons for their opinion.[29]

Washington state senator Eric Oemig introduced Senate Joint Memorial 8016 in February 2007 calling on Congress to investigate and consider the impeachment of President Bush.[31] [32]

State Party Conventions

On April 28, 2007, the California Democratic Convention passed a resolution for impeachment by a large margin.[citation needed] On May 19, 2007, the Massachusetts Democratic Convention passed a resolution to impeach Bush and Cheney nearly unanimously.[citation needed] On March 21 2006 the New Mexico Democratic Party, at a convention in Albuquerque, adopted a plank to their platform saying “the Democratic Party of New Mexico supports the impeachment of George Bush and his lawful removal from office.” [33]

On 24 March 2007, the Vermont Democratic State Committee voted overwhelmingly to support JRH 15, a state legislative resolution supporting impeachment, calling for its passage as "appropriate action."[34][35][36]

Local communities

On 6 March 2007 a total of 39 towns in Vermont (up from just five towns in 2006) passed resolutions calling on the U.S. Congress to file articles of impeachment against President Bush for misleading the nation on Iraq's weapons of mass destruction and for engaging in illegal wiretapping. On May 17, 2007, the Detroit City Council passed a unanimous, non-binding resolution calling for the impeachment of President Bush and Vice-President Cheney. The resolution was sponsored by Monica Conyers, wife of Rep. John Conyers. [citation needed]

Reported White House reaction

The January 23-29 2006 issue of Insight on the News, self-described as "a sister publication" of the Washington Times, included an article, "Impeachment hearings: The White House prepares for the worst." This article said administration sources regard Senate Judiciary Committee hearings into the NSA warrantless surveillance controversy as "a prelude to the impeachment process." An anonymous source criticized Congress, saying, "We will tell the American people that while we have done everything we can to protect them, our policies are being endangered by a hypocritical Congress."[37]

Public opinion

2005 polls

In October 2005, an anti Iraq war organization, After Downing Street, commissioned a poll by the independent Ipsos Public Affairs Research,[38] which found that by a margin of 50% to 44% Americans say that President Bush should be impeached if he lied about the war in Iraq.[39] A Zogby International poll from October 29 to November 2 2005 confirmed this result by a margin of 53% to 42%. This was supported by 76% of Democrats, 50% of Independents, and 29% of Republicans. A November 2 2005 Washington Post-ABC News poll found 55% of Americans believe the Bush administration "intentionally misled the public" in making its case for war.[40]

On December 15 2005, Rasmussen Reports released a poll that showed that 32% of the 1,000 Americans polled would support an impeachment of Bush and 35% would support an impeachment of Cheney.[41]

2006 polls

A March 16 2006 poll by American Research Group showed that 42% of American adults favored impeaching Bush and 49% oppose this.[42]

A September 2 2006 poll conducted by CNN/Opinion Research Corp. indicated that 30% of the American people supported impeachment, and 69% were opposed. One percent had no opinion.[43] This support for impeachment was similar to the 29% who favored impeachment for Bill Clinton during the height of the Lewinsky scandal.[44]

An October 2006 Newsweek poll found support for the impeachment of President Bush as follows: 28% felt that impeachment should be a "top priority", 23% a "lower priority", and 44% that it should not be done.[45]

2007 polls

According to Angus Reid, an InsiderAdvantage poll around May 1, 2007, found 39% of American voters to favor impeachment of George W. Bush and vice-president Dick Cheney.[46] Analyzing these numbers, Bob Barr, who initiated the Clinton impeachment hearings, said that "this indicates the surprising depth of dissatisfaction with Bush."[47]

Media response to polls

The major media have largely ignored these opinion polls and protests. However, several columnists have endorsed impeachment. Eleanor Clift on The McLaughlin Group predicted on 6 November 2005 that "if the country, according to the polls, believes by a margin of 55 percent that President Bush misled us into war, the next logical step is impeachment and I think you’re going to hear that word come up and if the Democrats ever capture either house of Congress there are going to be serious proceedings against this administration."[48]

When the Washington Post's chief pollster Richard Morin was asked by readers why the Post has not polled on impeachment he responded, "This question makes me angry." According to Media Matters for America, the Washington Post asked about impeachment in a poll conducted a few days after the revelation of President Clinton's relationship with Monica Lewinsky in 1998. Frank Newport, the director of the Gallup Poll has said he would only run a poll on the subject if it starts to gain mainstream attention and not until then.[49]

Rallies and marches

An anti-Iraq war protest march in Washington, DC on 24 September 2005 attracted over 100,000 people. The march among other things included calls for impeachment and for investigations leading to impeachment.[50]

On November 2 2005, The World Can't Wait mobilized marches across the country that called for the ousting of Bush. [51][52][53][54][55]

Rep. Maxine Waters founded the Out of Iraq Caucus in the House of Representatives. It has 66 members (as of August 31 2005). An Out of Iraq event hosted by Rep. Waters in Inglewood, California, attracted 1200 supporters who loudly chanted "Impeach Bush" in response to a speaker explaining high crimes and misdemeanors.

On January 6 2007, over 1000 people gathered in Nancy Pelosi's district, on Ocean Beach in San Francisco, to spell out the message "IMPEACH!".[15]

On April 28, 2007, thousands of Americans in over 125 cities from North Pole, AK to Miami, FL gathered in protest to support impeachment of President Bush.[16]

Groups formed to support impeachment

Numerous groups have been created to support impeachment. The ImpeachBush.orgwebsite claims to have collected 897,200 signatures (as of May 31st 2007) on a petition to impeach Bush, an increase of 26,413 in only eight days.

On December 20 2005, The AfterDowningStreet.org website mounted an effort[56] to support Representative Conyers' legislation to censure Bush and Cheney and to investigate the administration's lead-up to the Iraq war, in possible preparation to impeachment.

Constitution Summer[17], a nonpartisan coalition of students and young people at law schools and universities nationwide, helped the cities of Berkeley and San Francisco put impeachment on their municipal ballots, and are working to help other cities pass city council resolutions.

Advocates of impeachment

Organizations

  • On March 1 2006, the San Francisco Board of Supervisors passed a resolution 7-3 calling on the congressional delegates representing California to impeach George W. Bush. The mayor of the city has said he does not know whether he will sign it, and in either case, it will remain a low priority for him even if he does.
  • AfterDowningStreet, an organization begun by liberal activists Bob Fertik and David Swanson and constitutional attorney John Bonifaz, advocates a congressional Resolution of Inquiry into the Downing Street Memo and related evidence. [64]
  • United for Peace of Pierce County (WA) adopted statements calling for the impeachment of President Bush on April 21, 2005,[66] and again on May 19, 2005.[67]

Politicians and government officials

  • Elizabeth Holtzman, former Congresswoman who served on the House Judiciary Committee that voted to impeach Richard Nixon, advocates impeaching Bush in her 2006 book, coauthored with Cynthia L. Cooper, The Impeachment of George W. Bush,[73] and in numerous articles[74] and public appearances.
  • Dennis Morrisseau, a candidate for the Vermont House of Representatives seat has said he will campaign for impeachment against George W. Bush. Although Morrisseau is campaigning for the Republican nomination, he has previously run for public office only as a Democrat, and says he voted for John Kerry for president in 2004.[76]
  • Constitutional Law Professor Francis Boyle has written six draft articles of impeachment against Bush.[83]
  • Scholars Bruce Fein (constitutional scholar and former deputy attorney general in the Reagan Administration) and Norm Ornstein (scholar at the American Enterprise Institute) argued on the December 19 2005 Diane Rehm show[84] that Congress should consider impeachment.
  • Constitutional lawyer John Bonifaz has written a book on the case for impeaching Bush, is a co-founder of After Downing Street, and has spoken regularly in favor of impeachment.
  • Jonathan Turley, a law professor at George Washington University and a specialist in surveillance, spoke about Bush's admission that he authorized warrantless wiretaps and indicated that the authorization might be an impeachable offense. [85]

Musicians

Media editorials and opinion pieces

  • On the September 11th, 2006 episode of Countdown with Keith Olbermann, Keith's Special Comment on that day, from Ground Zero, made reference to impeachment.

Rationales for impeachment

Proponents of impeaching President George W. Bush assert that one or more of his actions qualify as "high crimes and misdemeanors" under which the president can constitutionally be impeached.[93][94]

This section collates a list of pro-impeachment advocates' rationales as suggested by commentators, legal analysts, members of the Democratic Party, the Center for Constitutional Rights[95] and others. However, since impeachment is inherently political, and not a legal process, there is no exact definition of what constitutes an impeachable offense. Therefore, this list is not necessarily accurate. Simply stated, it is up to Congress to determine if something rises to the level of "high crimes and misdemeanors."

NSA warrantless surveillance controversy

In the context of the War on Terror, President Bush ordered the wiretapping of certain international calls from foreign countries to persons within the U.S. without a warrant. President Bush did notify Congressional leaders of his decision to authorize warrantless wiretapping at the time of the decision. Whether this is legal is currently debated, since the program appears to violate the Foreign Intelligence Surveillance Act (FISA), which was adopted to remedy similar actions in the past. Additionally, it may violate the Fourth Amendment of the Constitution,[96] which prohibits unlawful searches and seizures of US citizens, including electronic surveillance.[97] In its defense, the administration has asserted that FISA does not apply as the President was authorized by the Authorization for the Use of Military Force (AUMF) and the presidential powers as Commander-in-Chief inherent in the Constitution, to bypass FISA.[98]

In January 2006, the Congressional Research Service released two legal analyses concluding that:

"... no court has held squarely that the Constitution disables the Congress from endeavoring to set limits on that power. To the contrary, the Supreme Court has stated that Congress does indeed have power to regulate domestic surveillance ... the NSA surveillance program ... would appear to be inconsistent with the law."[99]

[100] David Kris and five former FISC judges, one of whom resigned in protest, have also voiced their doubts as to the legality of a program bypassing FISA.[101][102]

The Senate Committee voted along party lines, and decided a detailed investigation into the matter was unwarranted.[103]

Fromer House member Elizabeth Holtzman, John Dean (former counsel to the president) and Jennifer van Bergen from FindLaw assert that by authorizing warrantless domestic wiretapping, President Bush violated FISA without legal basis, constituting a felony and as such an impeachable offense.[104][105][106]

On August 17 2006, the case, ACLU v. NSA, in U.S. District Court for the Eastern District of Michigan ruled that the Bush administration’s program to monitor the phone calls and e-mails of Americans without warrants was unconstitutional.[107] [108]

In response to this court decision, on September 20 2006, the House Permanent Select Committee on Intelligence approved H.R. 5825, the "Electronic Surveillance Modernization Act." Authored by Representative Heather Wilson (R-NM), the Act would authorize the warrantless surveillance program conducted by the NSA.[109]

2003 invasion of Iraq

Constitutionality of invasion

File:Warrior-King.jpg
Attorney Bonifaz argues for a Bush impeachment, alleging that the war against Iraq was undertaken without a declaration of war by Congress and is thus illegal.

In February and March 2003, John Bonifaz served as lead counsel for a coalition of US soldiers, parents of US soldiers, and Members of Congress in John Doe I v. President Bush,[110] a constitutional challenge to President Bush’s authority to wage war against Iraq.[111] Bonifaz has also argued publicly and in writing that Bush should be impeached for invading Iraq. However, Bonifaz's lawsuit was dismissed in February 2003 and in March 2003 the dismissal was upheld on appeal. [112] Regarding the affirmation of the dismissal, the appeals court held:

"... the text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war."[113]

Nevertheless, Francis Boyle (professor of international law at the University of Illinois) also uses this argument as reason in his Draft Impeachment Resolution.[114]

Justification for invasion

Furthermore, the arguments put forward for the invasion of Iraq[115] — the continued possession and development of weapons of mass destruction and active links to Al-Qaeda — have not been proven to be true.[116][117] A report by the Defense Department in 2007 conclusively stated the claimed working relationship with Al-Qaeda did not exist.[118] The Bush administration advocated that this was due to failure by the intelligence community. However, it has become clear that, prior to the invasion, these arguments had already been disputed,[119] which had purportedly been reported to the U.S. administration. An in-depth investigation into the nature of these discrepancies by the Senate Intelligence Committee has been frustrated. [120]

Supporters of impeachment argue that the administration knowingly distorted intelligence reports or ignored contrary information in constructing their case for war.[121][122] The Downing Street memo and the Bush-Blair memo are used to substantiate that allegation.[123] Congressional Democrats sponsored both a request for documents and a resolution of inquiry.[124] [125]

U.N. Charter

Under Article VI of the U.S. Constitution, Senate-ratified treaties such as the U.N. Charter are "the supreme Law of the Land." John Conyers, Robert Parry and Marjorie Cohn — professor at Thomas Jefferson School of Law — assert that this was a war of aggression contrary to the U.N. Charter.[93][114][105][126] Also, Kofi Annan called the war in Iraq a violation of the UN Charter and therefore "illegal."

In response to this, the administration and its supporters claim that the firing on US and UK airplanes in the no-fly zones alone constitutes an Act of War, and that the U.N. Security Council unanimously agreed in Resolution 1441 that Iraq was in continuous material breach of a 1991 cease-fire resolution, thus reviving the Security Council's 1990 authorization of the use of military force.

Geneva Conventions controversy

Unlawful combatant status

Following the attacks of September 11, 2001, the Bush administration advocated that suspected Al Qaeda and Taliban members would be designated as unlawful combatants. They suggested that, as such, they were not protected under the Geneva Conventions. To address the mandatory review by a "competent tribunal" as defined by article five of the Third Geneva Convention, Combatant Status Review Tribunals were established. The American Bar Association, Human Rights Watch, the Council on Foreign Relations and Joanne Mariner from FindLaw have dismissed the use of the unlawful combatant status as not compatible with U.S. and international law.[127] The US Congress passed the Military Commissions Act of 2006 to provide a legal framework for the designation of unlawful combatants, their detention, and trial through military commission.

Extraordinary rendition

The CIA has "rendered" suspected terrorists, such as Maher Arar, to other countries. Critics accuse them of doing this in order to avoid U.S. laws prescribing due process and prohibiting torture, calling this "torture by proxy" and "torture flights".[128] Alberto Gonzales testified to Congress that the administration's position was to extradite detainees to other nations unless it was not "more likely than not" that they would be tortured.[129] The Convention against torture states:

No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

Commentators have stated that, under international law, rendition as practiced by the U.S. government is illegal.[93][130] Conyers has called for investigating whether these alleged violations of international and US law constitute an impeachable offense,[93] whereas Boyle thinks it does, and included this in his Draft Impeachment Resolution.[114]

A report, on May 19 2006, by the UN Committee against Torture concluded that the US should not send suspects to countries where they face a risk of torture, since that would violate international law.[131]

Treatment of detainees

As part of the war on terror, several memos[132] were written analyzing the legal position and possibilities in the treatment of prisoners. The memos, known today as the "torture memos," advocate enhanced interrogation techniques, but point out that refuting the Geneva Conventions would reduce the possibility of prosecution for war crimes.[133] In addition, a new definition of torture was issued. Some actions that fall under the international definition do not fall within this new definition advocated by the U.S.[134]

Several top military lawyers, including Alberto J. Mora, reported that policies allowing such methods were officially handed down from the highest levels of the administration, and led an effort within the Department of Defense to put a stop to those policies and instead mandate non-coercive interrogation standards.Cite error: A <ref> tag is missing the closing </ref> (see the help page).

Over the years, several incidents of prisoner abuse have been made public and a UN report denounced the abuse of prisoners as tantamount to torture.[135][136] An article in the Progressive supports the view that these alleged violations of US and international law could be an impeachable offense too.[105]

Several legal analysts, such as Marjorie Cohn and Elizabeth Holtzman, have advocated that writing the so-called "torture memos," not preventing or stopping the abuse could result in legal challenges involving war crimes[114] under the command responsibility.[93][137] This view was confirmed when the US Supreme Court ruled in Hamdan v. Rumsfeld that, contrary to what the Bush administration advocated, Common Article 3 of the Third Geneva Convention (regarding the treatment of prisoners) applies to all detainees in the War on Terror and as such the Military Tribunals used to try suspects were violating the law. The Court reaffirmed that those involved in mistreatment of detainees violate US and international law.[138] Dave Lindorff contends that by ignoring the Geneva Conventions the US administration including President Bush, as Commander-in-Chief, is culpable for war crimes, and as such that constitutes an impeachable offense.[139]

On May 19 2006, the UN Committee against Torture issued a report stating the USA should stop what it concludes is "ill-treatment" of detainees, since such treatment, according to the UN-report, violates international law. It also calls for cessation of the US-termed "enhanced interrogation" techniques, as the UN sees these methods as a form of torture. The UN report also admonishes against secret prisons, the use of which is considered to amount to torture as well and should be discontinued.[131]

Leaking of classified information

Possible involvement in the CIA leak

In his 2003 State of the Union Address, President Bush cited British government sources in saying that Saddam Hussein was seeking uranium. After Ambassador Wilson wrote an OpEd article in the New York Times denouncing the yellowcake basis and other justifications for the 2003 Invasion of Iraq, the identity of his wife as a CIA employee appeared in media reports for the first time. Wilson later made the allegation her identity was leaked as personal retaliation against him for his pointing out misrepresentations regarding the uranium claim. An investigation into this by Patrick Fitzgerald led to an indictment of Lewis "Scooter" Libby on perjury charges and for obstructing the investigation into the release of Plame's covert status. Hence, nobody has been indicted for divulging the name of a covert agent. The actual first source of Plame's name to the media was Richard Armitage.[140]

At one point, Libby's indictment states:

"Prior to July 14 2003, Valerie Wilson’s affiliation with the CIA was not common knowledge outside the intelligence community."[141]

The litigation surrounding Libby has yielded court papers showing that Libby was authorized and instructed to disseminate formerly classified information by his superiors.[142] No court papers have alleged that Bush or Cheney authorized the release of Plame's name. On April 13 2006, Bloomberg.com reported Libby has testified that Bush and Cheney did not authorize the release of Plame's name.[143] Libby's position is that he did not leak Plame's name.

Libby was found guilty of perjury and obstruction of justice. A court filing by Special Counsel Patrick Fitzgerald during his sentencing hearing revealed that Plame was indeed a covert agent.[144]

Declassifying for political purposes

On April 6 2006, court papers were filed in the CIA leak grand jury investigation, stating that Libby had testified that President Bush authorized the disclosure of select portions of the then classified National Intelligence Estimate (NIE) on Iraq.[121][145] The position of the Bush administration is that a Presidentally authorized release of material is not a "leak" in the sense that Presidents are authorized to de-classify material and the release of de-classified material is not leaking.[121][146] Some argue that this contradicts previous statements by Bush in which he made clear that leaking information is unacceptable.[121][147] According to the court filings by Fitzgerald:

“Defendant (Libby) testified that this July 8 meeting was the only time he recalled in his government experience when he disclosed a document to a reporter that was effectively declassified by virtue of the President’s authorization that it be declassified.”[148]

Elizabeth de la Vega, Ray McGovern and Greg Mitchell have noted that the Bush Administration's asserted motivation — that this declassification was needed to counter misinformation spread by opponents of the Bush administration's casus belli — is odd, since only an obscure part of the NIE, which supports the claims advanced by the US government, has been released, while the rest of the report, in which the CIA in 2002 allegedly dismissed that claim as unlikely, is still classified.[119][148][149] Bush's misrepresentations on this point and his allegedly declassifying of information for a political purpose, is seen by some as impeachable offense.[149][150]

Politicization of the United States attorney offices

In March 2007 it became known that eight United States Attorneys were dismissed. The Bush administration has issued changing and contradictory statements about the timeline of the planning of the firings, persons who ordered the firings, and reasons for the firings.[151][152][153][154] Congressmen investigating these dismissals stated that sworn testimony from Department of Justice officials contradicts internal Department memos and e-mails.[155] Because of that, and the uncommon nature of these firings,[156] critics suggest ulterior motives. Among them Elizabeth Holtzman and Cynthia L. Cooper wrote that: "we may be witnessing criminal acts of obstruction of justice at the highest levels of government."[157] They allege that the attorneys were fired as retribution for prosecuting Republicans,[157] or for failing to prosecute enough Democrats.[158] for non-existent voter-fraud.[159] This supposed fraud led the New York Times to the following response:

"Last week, we learned that the administration edited a government-ordered report on voter fraud to support its fantasy. The original version concluded that among experts "there is widespread but not unanimous agreement that there is little polling place fraud." But the publicly released version said, "There is a great deal of debate on the pervasiveness of fraud." It's hard to see that as anything but a deliberate effort to mislead the public."[160]

The article continues to suggest that emphasising voter-fraud facilitates regulations, such as voter-ID laws, which hinder the "poor, the elderly, minorities and other disenfranchised groups that tend to support Democrats." Greg Gordon for McClatchy Newspapers concurs, commenting that it might be part of a scheme "to restrict voter turnout in key battleground states in ways that favor Republican political candidates."[161] The same is implied by Greg Palast in In These Times where he reports that Timothy Griffin, Arkansas’ new attorney general, was involved in suppressing minority voters.[162]

The investigation has drawn attention to the prosecution and subsequent conviction, during an election season, of Georgia Thompson for corruption, which the United States Court of Appeals for the Seventh Circuit immediately reversed because the prosecution's evidence was "beyond thin."[163] Congresswoman Tammy Baldwin of Madison[164] and the Senate Judiciary Committee are investigating this case.[165][166]

Commentators have further observed the possible connection with the Jack Abramoff Guam investigation, which was discontinued after the chief prosecutor for Guam, and the instigator of the indictment, Frederick A. Black was unexpectedly demoted and removed from office.[157][167]

For the involvement in these alleged wrongdoings[168] and the subsequent cover-up Marjorie Cohn, Elizabeth Holtzman, Cynthia L. Cooper, and Thom Hartmann have suggested that impeachment proceedings are warranted.[157][169]

Hurricane Katrina

The alleged responsibility of the George W. Bush administration in the mishandling of Hurricane Katrina[170] has been used by Ramsey Clark, Francis Boyle, PopMatters, Green Party of Humboldt County and the Sunday Independent to suggest failure by the administration to adequately provide for the need of its citizens. And as such they hold that the allegations of incompetence amount to an impeachable offense.[114][171]

The administration, and its supporters, contend that the principal responsibility lies with the local authorities.[172] Therefore, according to the President's supporters, any accusation of inadequate handling of the disaster should be addressed to Governor Kathleen Babineaux Blanco.[173]

Movement in the 110th Congress

The decision of Rep. John Conyers (D-MI) the House Judiciary Chair to hold hearings on Bush’s use of “signing statements”, has been hailed by the President’s critics as a step towards impeachment.[174]

See also

References

  1. ^ Democrats Won't Try to Impeach President by Charles Babington, Washington Post, 12 May 2006
  2. ^ Pelosi Says Democrats Are Ready to Lead by NANCY ZUCKERBROD, Associated Press, 8 November 2006
  3. ^ Launch drive to impeach Bush, activists urge By PAUL KORING, Globeandmail.com, June 17 2005
  4. ^ H.RES.635 - Creating a select committee to investigate the Administration's intent to go to war before congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing torture, retaliating against critics, and to make recommendations regarding grounds for possible impeachment Sponsor: Rep Conyers, John, Jr. (introduced December 18 2005)
  5. ^ No Rush to Impeachment By John Conyers Jr., Washington Post, May 18 2006
  6. ^ Press Release of Senator Boxer "Boxer Asks Presidential Scholars About Former White House Counsel's Statement that Bush Admitted to an 'Impeachable Offense'", December 19 2005
  7. ^ article "Congressman calls for Bush impeachment." The Associated Press
  8. ^ Rep. Lewis press release "Rep. John Lewis Says No Justification for NSA Spying on American Citizens," December 19 2005
  9. ^ article "Call is out to impeach Bush, Dems are urged at unofficial hearing," Detroit Free Press, January 21 2006
  10. ^ Conrad Wilson (2006-12-08). "The Insurgent". {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  11. ^ Tim Pugmire (2006-08-09). "Ellison compares Bush to Nixon". Minnesota Public Radio. {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  12. ^ a b c Rob Hotakainen (2007-01-25). "Will Ellison pursue impeachment? Not for now, he says". Star Tribune. {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  13. ^ Mikael Rudolph (April 23, 2007). ""Impeachment Should Be on the Table": Rep. Keith Ellison (D-MN)".
  14. ^ Evans, Ben (2006-12-08). "McKinney Introduces Bill to Impeach Bush". Associated Press (via breitbart.com). {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help); Italic or bold markup not allowed in: |publisher= (help)
  15. ^ Kevin Mooney (February 08, 2007). ""GOP Lawmaker Warns of Impeachment in Border Agent Case": Rep. Dana Rohrabacher (R-CA)". {{cite web}}: Check date values in: |date= (help)
  16. ^ [1] Vermont Senate: Impeach the president by ROSS SNEYD, Associated Press, 20 April 2007; [2] Vermont Senate approves impeachment resolution by Nancy Remsen, Burlington Free Press, 20 April 2007
  17. ^ [3] Vermont Senate approves impeachment resolution by Nancy Remsen, Burlington Free Press, 20 April 2007
  18. ^ [4] House likely to take up presidential impeachment resolution by Ross Sneyd, Burlington Free Press, 25 April 2007
  19. ^ [5] House Rejects Impeachment Resolution by Nancy Remsen, Burlington Free Press, 26 April 2007
  20. ^ Synopsis As Introduced found on the bill status page for HJR0125 at the Illinois General Assembly website.
  21. ^ California Becomes Second State to Introduce Bush Impeachment by David Swanson, OpEdNews.com, April 24 2006
  22. ^ "Proposition J". League of Women Voters of California Education Fund. 2006-11-17. Retrieved 2006-11-17. {{cite web}}: Check date values in: |accessdate= and |date= (help)
  23. ^ "Election Results". Alameda County Registrar of Voters. 2006-11-17. Retrieved 2006-11-17. {{cite web}}: Check date values in: |accessdate= and |date= (help)
  24. ^ Knight, Heather (2006-11-08). "Civic issues from sick leave to taxes". San Francisco Chronicle. Retrieved 2006-11-17. {{cite news}}: Check date values in: |accessdate= and |date= (help)
  25. ^ "Measure H". City Clerk, City of Berkeley. Retrieved 2006-11-17. {{cite web}}: Check date values in: |accessdate= (help)
  26. ^ "Eighty-Fourth Session – 2006 One Hundred First Day" (PDF). Record of the Minnesota House of Representatives. May 4 2006. p. page 24. {{cite web}}: |page= has extra text (help); Check date values in: |date= (help) Retrieved January 27 2007
  27. ^ "H.R. No. 24, as introduced: 84th Legislative Session (2005-2006)". Minnesota House of Representatives. May 4 2006. {{cite web}}: Check date values in: |date= (help); Missing or empty |url= (help)
  28. ^ a b Deborah Baker (2004-01-25). "Lawmakers call for Bush impeachment, NM". Associated Press. {{cite news}}: Check date values in: |date= (help) Retrieved on January 27 2007
  29. ^ a b c Steve Terrell (2007-01-24). "2007 legislature: Impeachment bill faces early hurdles". The New Mexican. {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  30. ^ "Pres Impeachment Intro'd In New Mex". FreeMarketNews.com. 2007-01-23. {{cite web}}: Check date values in: |date= (help) Retrieved January 27 2007
  31. ^ Message to Congress: ‘Investigate this president’, Senator Oemig's website.
  32. ^ "Send Bush packing, says Rocky", The Salt Lake Tribune, March 3, 2007.
  33. ^ Jeff Jones (2006-03-21). "N.M. Dems Call For Bush's Exit". {{cite news}}: Check date values in: |date= (help) Retrieved January 27 2007
  34. ^ "Vermont towns seek to impeach Bush", by Jason Szep, ABC News, 7 March 2007.
  35. ^ Vermont: 36 towns call for impeachment probe of president, by Shay Totten & Christian Avard Vermont Guardian, March 6, 2007.
  36. ^ Why Not Gaye?, Brattleboro Reformer March 28.
  37. ^ Impeachment hearings: The White House prepares for the worst Insight on the News, January 23-29, 2006
  38. ^ About Ipsos in North America
  39. ^ Poll: Americans Favor Bush's Impeachment If He Lied about Iraq October 11 2005
  40. ^ Washington Post-ABC News Poll October 30-November 2, 2005
  41. ^ 32% Favor Bush Impeachment Rasmussen Reports
  42. ^ American Research Group, Inc.
  43. ^ CNN poll, 8 September 2006
  44. ^ [6]
  45. ^ "Are the Faithful Losing Faith?" By Marcus Mabry, Newsweek, October 21 2006
  46. ^ http://www.angus-reid.com/polls/index.cfm/fuseaction/viewItem/itemID/15689
  47. ^ http://www.humanevents.com/article.php?id=20610
  48. ^ http://www.mediaresearch.org/cyberalerts/2005/cyb20051107.asp
  49. ^ [7]
  50. ^ [8]
  51. ^ http://www.worldcantwait.net/index.php?option=com_content&task=blogcategory&id=2&Itemid=3
  52. ^ http://www.latimes.com/news/local/la-110205closures_lat,0,7371129.htmlstory?coll=la-tot-promo&track=morenews
  53. ^ http://www.cbsnews.com/stories/2005/11/02/national/main1005030.shtml
  54. ^ http://today.reuters.com/news/newsArticle.aspx?type=domesticNews&storyID=2005-11-03T010848Z_01_FOR303885_RTRUKOC_0_US-BUSH-PROTESTS.xml&archived=False
  55. ^ http://www.sfgate.com/cgi-bin/article.cgi?file=/baycitynews/archive/2005/11/02/protest02.DTL
  56. ^ http://www.afterdowningstreet.org/?q=node/5950
  57. ^ Search on "memorial" in the "Provisions for impeachment" in the House Rules and Manual (109th Congress)
  58. ^ See "Petitions, memorials, and private bills" in the House Rules and Manual (109th Congress)
  59. ^ history of Peck's impeachment initiation and results, as well as the text of the memorial submitted, available from the U.S. Government Printing Office
  60. ^ Peck precedent discussed in proceedings from the House recorded at Carnegie Mellon University's digital Universal Library
  61. ^ Green Party resolution, 21 July 2003
  62. ^ article "Wisconsin Democratic Party calls for Impeachment of Bush, Cheney, & Rumsfeld"
  63. ^ Libertarian party call for impeachment, 9 July 2006
  64. ^ [9]
  65. ^ [10]
  66. ^ [11]
  67. ^ [http://www.ufppc.org/content/view/2814/29/
  68. ^ March 29 2005: position statement "Veterans For Peace Call for Congressional Action to Remove George W. Bush from the Office of President of the United States"
  69. ^ Boston Globe article in the Boston Globe "Bar group will review Bush's legal challenges"
  70. ^ http://www.opednews.com/articles/genera_miriam_r_070504_group_places_impeach.htm
  71. ^ article on www.votenader.org
  72. ^ article in the Boston Globe, May 31 2005
  73. ^ http://www.impeachbushbook.com
  74. ^ http://www.thenation.com/doc/20060130/holtzman
  75. ^ http://www.humanevents.com/article.php?id=8749
  76. ^ http://www.informationclearinghouse.info/article9546.htm
  77. ^ http://www.lewrockwell.com/roberts/roberts116.html
  78. ^ http://www.globalresearch.ca/index.php?context=viewArticle&code=%20RO20070115&articleId=4456
  79. ^ http://www.j-bradford-delong.net/movable_type/2004_archives/000963.html
  80. ^ http://www.post-gazette.com/pg/06091/678696-84.stm
  81. ^ http://writ.news.findlaw.com/dean/20030606.html
  82. ^ http://www.dailykos.com/story/2005/12/18/21310/392
  83. ^ http://www.counterpunch.org/boyle01172003.html
  84. ^ http://www.wamu.org/programs/dr/05/12/19.php
  85. ^ http://www.salon.com/news/feature/2005/12/22/impeach/index.html
  86. ^ http://www.thenewamerican.com/artman/publish/article_2932.shtml
  87. ^ http://www.salon.com/opinion/feature/2006/03/01/keillor/index.html
  88. ^ http://www.workingforchange.com/article.cfm?ItemID=14873
  89. ^ http://www.workingforchange.com/article.cfm?ItemID=15300
  90. ^ http://www.workingforchange.com/article.cfm?ItemID=15346
  91. ^ http://www.workingforchange.com/article.cfm?ItemID=16045
  92. ^ http://www.washingtonpost.com/wp-dyn/articles/A3933-2004Oct27.html
  93. ^ a b c d e The Constitution in Crisis; The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War Investigative Status Report of the House Judiciary Committee Democratic Staff
  94. ^ Arguments in general.
  95. ^ Impeaching George W. Bush By Onnesha Roychoudhuri, AlterNet, March 6 2006.
  96. ^ Fourth Amendment
  97. ^ Wiretapping possibly illegal
  98. ^ LEGAL AUTHORITIES SUPPORTING THE ACTIVITIES OF THE NATIONAL SECURITY AGENCY DESCRIBED BY THE PRESIDENT U.S. Department of Justice, January 19 2006
  99. ^ Congressional Research Service
  100. ^ American Bar Association
  101. ^ Legal Rationale for Spy Program Questioned By PETE YOST
  102. ^ Former FISA judges
  103. ^ No official inquiry into wiretapping
  104. ^ The Impeachment of George W. Bush by Elizabeth Holtzman, The Nation, January 11 2006
  105. ^ a b c Grounds for Impeachment by Matthew Rothschild, The Progressive,March 8 2006
  106. ^ Wiretapping probably impeachable offense
  107. ^ http://www.aclu.org/safefree/nsaspying/26489prs20060817.html
  108. ^ http://www.aclu.org/images/nsaspying/asset_upload_file689_26477.pdf
  109. ^ http://www.aclu.org/safefree/nsaspying/26802prs20060920.html
  110. ^ John Doe I v. President Bush
  111. ^ Suit challenges Bush war authority CNN
  112. ^ Judge Dismisses HLS Alum’s Suit Against Bush By Kate A. Tiskus, The Harvard Crimson, February 25 2003
  113. ^ Opionion of First Circuit Court of Appeal in DOE v. Bush
  114. ^ a b c d e Draft Impeachment Resolution Against President George W. Bush, 108nd Congress H.Res.XX, by Francis A. Boyle, professor of law, University of Illinois School of Law, January 17 2003
  115. ^ Bush administration has used 27 rationales for war in Iraq, study says by Andrea Lynn, the News Bureau of the University of Illinois at Urbana-Champaign
  116. ^ Weapons of Mass Destruction
  117. ^ Link with Al Qaeda
  118. ^ Hussein's Prewar Ties To Al-Qaeda Discounted - Pentagon Report Says Contacts Were Limited By R. Jeffrey Smith, Washington Post, April 6, 2007
  119. ^ a b Blowing Cheney's Cover Ray McGovern, April 10 2006
  120. ^ The Intelligence Business editorial, The New York Times, May 7 2006
  121. ^ a b c d Selectively disseminating information
  122. ^ Misrepresenting the facts surrounding Iraq
  123. ^ Downing Street memo
  124. ^ FOIA request
  125. ^ "Biological laboratories"
  126. ^ War of aggression
  127. ^ Violating International Law
  128. ^ Torture by proxy
  129. ^ Gonzales Defends Transfer of Detainees By R. Jeffrey Smith, Washington Post, March 8 2005
  130. ^ Legal position of rendition
  131. ^ a b UN Committee against Torture report
  132. ^ The Interrogation Documents: Debating U.S. Policy and Methods the memos written as part of the war on terror
  133. ^ War crimes warning
  134. ^ US definition of torture
  135. ^ UN calls for Guantanamo closure BBC, Read the full UN report into Guantanamo Bay, February 16 2006
  136. ^ Impeachment for violating the Geneva Conventions
  137. ^ Accountability
  138. ^ A Supreme Rebuke Bush Loses Guantanamo Case Marjorie Cohn -professor at Thomas Jefferson School of Law, president-elect of the National Lawyers Guild, and the US representative to the executive committee of the American Association of Jurists- CounterPunch, June 30 2006
  139. ^ The Real Meaning of the Hamdan Ruling Supreme Court: Bush Administration Has Committed War Crimes By Dave Lindorff, CounterPunch, July 3 2006
  140. ^ End of an Affair
  141. ^ Plame's identity not known
  142. ^ Libby: 'Superiors' Approved Leak CBS/AP, 9 February 2006
  143. ^ Libby Says Bush, Cheney Didn't Authorize CIA Agent's Name Leak by Bloomberg, April 13 2006.
  144. ^ Valerie Plame was covert
  145. ^ Bush authorized disclosure
  146. ^ Disclosure legal?
  147. ^ Questions regarding statements
  148. ^ a b Uncommon way of declassifying
  149. ^ a b Final Jeopardy By Elizabeth de la Vega, TomDispatch.com, April 9 2006
  150. ^ Lying impeachable
  151. ^ Sheryl Gay Stolberg (March 17, 2007). "With Shifting Explanations, White House Adds to Storm". New York Times. Retrieved 2007-03-17. {{cite news}}: Check date values in: |date= (help)
  152. ^ Associated Press (March 17, 2007). "Republican Support for Gonzales Erodes". New York Times. Retrieved 2007-03-17. {{cite news}}: Check date values in: |date= (help)
  153. ^ Dan Eggen (March 17, 2007). "Accounts of Prosecutors' Dismissals Keep Shifting". Washington Post. p. A01. Retrieved 2007-03-17. {{cite news}}: Check date values in: |date= (help)
  154. ^ Ron Hutcheson. "U.S. Attorneys: A look at what's behind the U.S. attorney flap". McClatchy Newspapers. Retrieved 2007-03-17.
  155. ^ Mike Allen (2007-03-20). "Dems' Strategy On Attorneys Takes Shape". CBS News. Retrieved 2007-03-20.
  156. ^ Dismissal attorneys uncommon
  157. ^ a b c d Questions for Karl Rove – and President Bush By Elizabeth Holtzman and Cynthia L. Cooper, The San Diego Union-Tribune, March 29, 2007
  158. ^ Domenici Sought Iglesias Ouster By Mike Gallagher, Albuquerque Journal, April 15, 2007
  159. ^ The Fraudulence of Voter Fraud - The Bush administration purged U.S. attorneys for failing to prosecute crimes that didn’t occur By Joel Bleifuss, In These Times, April 18, 2007
  160. ^ The Fantasy Behind the Scandal The New York Times, April 2007
  161. ^ Campaign against alleged voter fraud fuels political tempest By Greg Gordon, McClatchy Newspapers, April 19, 2007
  162. ^ The Talented Mr. Griffin by Greg Palast, In These Times, April 16, 2007
  163. ^ Steven Walters and John Diedrich (April 5 2007). "Ex-state official freed: Judge calls evidence she steered travel contract 'beyond thin'". Milwaukee Journal Sentinel. Retrieved 2007-04-07. {{cite news}}: Check date values in: |date= (help)
  164. ^ Frederic J. Frommer (April 10 2007). "Baldwin: Was freed state worker a victim of politics?". Retrieved 2007-04-10. {{cite news}}: Check date values in: |date= (help)
  165. ^ Jenn Rourke (April 10 2007). "U.S. Senators Review Georgia Thompson Case". WTMJ-TV. Retrieved 2007-04-10. {{cite news}}: Check date values in: |date= (help)
  166. ^ Adam Cohen (April 16 2007). "A Woman Wrongly Convicted and a U.S. Attorney Who Kept His Job". The New York Times. Retrieved 2007-04-16. {{cite news}}: Check date values in: |date= (help)
  167. ^ Guam
  168. ^ Bush, Gonzales Reportedly Discussed Fired Prosecutor By Margaret Talev, McClatchy Newspapers, April 17, 2007
  169. ^ Attorneygate
  170. ^ Most Katrina Aid From Overseas Went Unclaimed By John Solomon and Spencer S. Hsu, Washington Post, April 29, 2007
  171. ^ Hurricane Katrina
  172. ^ Responsibility Katrina
  173. ^ Kathleen Babineaux Blanco
  174. ^ Dave Lindorff (01/25/2007). "Conyers Puts Abuse of Power 'On the Table'". {{cite web}}: Check date values in: |date= (help) Retrieved January 27 2007

Further reading