Something happened on Friday, July 25th, 2008!
Something happened on Friday, July 25th, 2008!
The name of the House Hearings on Friday morning was "Executive Power and Its Constitutional Limitations," and many of us watched the nearly six hours of proceedings on C-Span.
Though last month, Representative Dennis Kucinich, Democrat of Ohio, and recent Presidential Candidate, had directed 35 articles of impeachment at President George W. Bush, yesterday, in what appeared to be a careful compromise agreement with Speaker of the House Nancy Pelosi, and the other Democratic Congressional Leadership, no mention was to be made of Impeachment or directly of any officials of the Executive by name.
Judiciary Committee Chairman John Conyers distributed to all witnesses in writing the order that any "personal abuse, innuendo, or ridicule of the president" or any "suggestion of mendacity" would be ruled out of order and dealt with firmly.
That noble goal was substantially swept away as the hearings went on.
From the beginning the feisty audience, not to mention the witnesses, threatened to get out of hand. A rattle of applause, shouts, and cries sounded for Representative Kucinich and his wife as they entered the hearing room. Later, invective was shouted, and crumpled papers were hurled at the dais. Chairman Conyers, with or without the urging of the Republican Committee members, repeatedly appealed for decorum. Gold Star Mother Cindy Sheehan, who is running for Nancy Pelosi's seat in San Francisco, was ruled out of order and escorted from the gallery, as were others.
Besides Rep. Kucinich, the explorations of Constitutional limitations on Executive Power were presented by former Federal Prosecutor and Congress person Elizabeth Holzman, former Georgia Congressman Bob Barr, former Associate Attorney General Bruce Fein, former Mayor of Salt Lake City Bob "Rocky" Anderson, Professor Schwartz of Northwestern, and former LA Prosecutor Vincent Bugliosi.
George Mason Law Professor Jeremy Rabkin and Northwestern Legal Professor Stephen Presser spoke for the Republican defense.
Elizabeth Holzman appeared to me as having the most comprehensive understanding of what might be done. A former Watergate prosecutor, as well as representative, she grasped the major argument that egregious abuses of power, which she listed, had occurred over the last eight years, and if something were not done now, the pattern of power, nearly out of control, would likely become permanent.
She suggested that a swift, narrow, singular stab at impeachment (without calling it that, except by indirection) was the only viable immediate remedy. Because some of the charges carried a penalty of capital punishment, no statute of limitations would apply.
Former Mayor Anderson was more passionate, along similar lines.
When asked how limitations on Executive abuses of power might ever be dealt with short of Impeachment, former Associate Attorney General Bruce Fein said: "Short of impeachment, there isn't anything you can do about a president."
Both former Congressman Barr, now Libertarian Candidate for President, and former Prosecutor Bugliosi tended to argue that all of the more serious crimes committed by those in the Executive Branch could be dealt with in the Criminal Courts after the malfeasors left office.
[Prosecutor Bugliosi, after all, has just published a new book entitled: THE PROSECUTION OF GEORGE W. BUSH FOR MURDER.]
The Republican witnesses, Professors Rabkin and Presser, argued that there was no credible evidence of abuse of power or obstruction of justice in the present Administration. Professor Rabkin called the tone of the deliberations "slightly demented," and suggested that the evidence for Impeachment brought by Representative Kucinich and the witnesses supporting that evidence, had formulated "a wild conspiracy theory."
Professor Presser came up, on two occasions, with examples of Presidents as far back as Woodrow Wilson and as recently as Lyndon Johnson who had committed violations similar, which might have brought unfair demands for Impeachment.
Professor Presser, who appeared before the Committee in 1998 to present evidence against President William J. Clinton, made the distinction Friday morning that President Clinton had acted out of self interest, but there was no evidence that President Bush had.
Repeatedly requesting that Chairman Conyers reprimand the audience or have the floor cleared, Ranking Member Republican Lamar Smith of Texas said that nothing was going to come of the hearings because there was "no evidence to support impeachment."
Republican Representative Dan Lungren, a former California Attorney General, sneered at the proceedings, calling them "Friday morning show trials."
But both Professors Rabkin and Presser seemed forced to admit that, if evidence supporting Kucinich's allegations proved accurate, Congress should act to investigate.
"The options are limited, but there are options," Holtzman said.
Some suggested a bill which would limit the president's authority to pardon members of his administration to six months before he left office.
And drawing on the experience of Watergate, Representative Adam Schiff (D-CA) proposed the start of an inquiry into possible illegal actions in the Bush Administration, similar to that of the Senate committee that investigated the Nixon Administration, which would carry over into 2009 and beyond. Those hearings led to the indictment and jailing of a dozen Nixon officials, including the Attorney General.
*****
That latter solution struck me as one which might be adopted, in the light of mounting evidence in every governmental/corporate element of our nation, that numerous examples of massive fraud and criminality, aided and abetted by the Bush Administration, have taken place. And that, as banks, real estate groups, and industries by the hundreds begin to collapse, we have not yet begun to drain a swamp which might well pollute the next Administration
If so, SOMETHING HAPPENED ON FRIDAY, and beleaguered champions of the Constitution, such as Representatives Kucinich and Ron Paul, should be celebrated for their patriotism and farsightedness.
Depressingly, virtually no element of our Media bothered to cover these Hearings seriously.
Hell, aside from what I could remember, I had to get my information from something called Buzzflash!
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sonshi (not verified) says:
MSNBC covered it
As we discussed before, everyone involved in the Bush Administration will receive their just punishment, up to and including Bush. It's a question of when. So yes I agree with Congressman Schiff.
Makes WHAT HAPPENED author Scott McClellan look like a polticial genius. (Who, by the way, discussed Sun Tzu's The Art of War for two pages in that book.)
Alex Fraser says:
Thank you, Thomas. Bravo, MSNBC!
My use of the adverb "virtually" gives me a little wiggle room in juxtapositon with the proper noun "Media," but it would have been a little better had I said: "Depressingly, virtually no element of our [MAJOR NETWORK] Media bothered to cover these Hearings seriously."
I owe apologies to MSNBC, who did cover the Judiciary Committee Hearings on Friday, and especially to that Cable Network's Countdown Correspondent Keith Olbermann, who interviewed former Congressman Bob Barr on his testimony before the Committee.
As to the main point you made previously in commentary to my July 12th Blog Entry:
http://www.redroom.com/blog/alex-fraser/saturday-71108-speaker-pelosi-changes-mind-impeachment-hearings
And which you make again here:
What Congressman Barr, Representative Kucinich, former Prosecutor Elizabeth Holzmann, former Associate Attorney General Bruce Fein, and others are saying is that we must act now to correct a long festering Executive failing in criminal violations of the spirit of the Constitution, and in the last eight years, definitely the letter of that document.
Though President Richard Nixon resigned when faced with Impeachment, he turned for a pardon to absolve "past and future accused crimes" to the new President, Gerald Ford, whom he had conveniently appointed to replace the convicted felon, Vice President Spiro Agnew. Fortunately, the Senate Select Committee, continuing to investigate the proposed Impeachment of Nixon in the Carter Administration, was able to turn up irrefragible evidence against a dozen Nixon Officials, but the basic mechanism for abuse of power -- and escape from legal consequences by the highest officials -- was not Constitutionally dealt with.
Ronald Reagan and his appointees, such as Dick Cheney and Donald Rumsfeld, fueled Black Ops activities which had been going on back to the Kennedy Administration --i.e., to trade dope and arms -- in this case to finance and carry out illegal wars in Central America. These violations of the Constitution, popularly but unclearly known as Iran-Contra, were forgotten in a series of granted immunities, depositions of the principals, minor convictions, and pardons for the criminal activities by President Reagan, when he left office.
The stage was then set for a whole series of underreported military and black bag operations, which culminated in President George H. W. Bush's division-strength invasion of the Panama Canal Zone to capture a head of state, General Manuel Noriega (who like so many other "bad guys" in the last fifty years, we had under our employ). In that Midnight act, which caused the deaths of thousands of innocent Panamanian citizens, we have the paradigm for President George W. Bush's foolish and illogical invasions of Afghanistan and Iraq to apprehend individual criminals Osama bin Laden and Saddam Hussein (yep, recently on our payroll). To the extent these acts, much better dealt with by International sanction and police investigation, were carried out on a basis of lies, Impeachment and criminal prosecution are warranted.
[We taxpayers will not get back the trillions of dollars (nor military moms their lost children) these boondoggles cost.]
But the larger question is: What will the next President or the one after that do, Democrat or Republican, when faced with a vexing or simply inconvenient problem? One of the witnesses before the Judiciary Committee quoted Justice Robert H. Jackson, when he was Chief Prosecutor at the Nuremberg War Crime Trials. Justice Jackson said that the faulty restrictions on Executive Power that the Nazis found when they took office in 1933 were like "loaded weapons lying round," too tempting not to use.
That, Thomas, is what many witnesses at the Hearings, millions of others around the country, and I myself believe. It will not matter if we use a single swift article of Impeachment, or an immediate investigatory process by Congress to be carried over into the next Administration, but we must bring to justice as many as a hundred criminals in the Bush Administration, including the President and Vice President themselves. And we must place additional limits on Executive Power, the formal subject of the Friday Judiciary Committee Hearings, or the Republic you and I have had such pride in is finished. Those "loaded weapons lying around" are too tempting for any Chief Executive not to use.
As for Scott McClellan's book, WHAT HAPPENED, I like former Executive Counsel John Dean's judgment on its content. He said that the former Bush Press Secretary's book was what would have been called "a medium limited hangout" when he was in the Nixon White House. In other words, McClellan's book, whatever its virtues, was designed to indicate that "mistakes had been made" (not necessarily, you understand, for political revenge in the treasonous blowing of a CIA covert operation to discover "weapons of mass destruction"). As Dean (who held the position that Harriet Meyers, liable for Contempt of Congress, had until recently) well knows: "It's not who takes 'the responsibilty' that counts, but who takes 'the BLAME.'"
I'm with you, Thomas, and no doubt Sun Tzu: Let's get these criminal prosecutions and Constitutional limitations of Executive Power on the Road!
Alex Macresarf1 -- Glenn Anders -- Alex Fraser
Jan Peregrine says:
my first comment!
Alex, I'm glad to be updated and that this administration will face punishment for their flagrant misuse of power. All politicians need to know we won't stand for it or we might as well say goodbye to what America stood for.
Have you heard of Dick Morris' new book Fleeced?
Jan
Alex Fraser says:
Many Thanks for Your Comment, Jan:
Yes, let's keep sending those Emails and making those phone calls to the Judiciary Committee Members. They have just voted to hold Karl Rove in Contempt of Congress. That's the start!
I have not heard of Fleeced by Dick Morris. Like Vincent Bugliosi, he keeps churning out books. I find him not very trustworthy.
What's he saying?
Alex
Macresarf1 -- Glenn Anders -- Alex Fraser