[lbo-talk] Gore: wiretapping could be impeachable offense

Michael Hoover hooverm at scc-fl.edu
Tue Jan 17 14:38:54 PST 2006



>>> mpollak at panix.com 01/17/06 3:17 PM >>>
>> Unfortunately if we impeach Bush, we get Cheney as president.
>
> Yes, this point often comes up. But Bush & Cheney are co-conspirators and
> therefore should be impeached together. I just flipped through my copy of
> the Constitution and there doesn't seem to be anything in it that
> prohibits impeaching the Prez & the Veep simultaneously.

Well, you've got to have a charge. It might be a problem that the Veep doesn't have any statutory authority. For example, he didn't authorize this NSA activity. He couldn't. And you've got to have clear charges for impeachment to work as more than a polarizing thing. Starting impeachment proceedings may be emotionally satisfying, but it doesn't always work. Impeaching impeaching Clinton improved his popularity and that of the Democratic Congress. It was Newt who had to resign. If you can think of a clear charge to bring against the Veep and the president simulataneously -- clear and simple in the legal sense, not just the political or moral -- I'd of course be all for it. Any suggestions? Because if the charges are clear against the POTUS, but unclear against VPOTUS, then the odds are high that if you win at all, you end up with VPOTUS. Michael <<<<<>>>>>

historically, there have been three impeachable offense *constructions*:

*loose*: incompetent or politically objectionable officers, jefferson apparently held this view with respect to judges, in practice, this would be akin to gov't official being turned out of office due to 'no confidence')...

*strict*: only impeachable offenses are those that break criminal laws, nixon held this view, as did, apparently, some house members who voted against impeaching andrew johson and senators who voted removing him from office...

*moderate*: more or less prevailing view, impeachable offenses need not be criminal but have to reflect serious dereliction of duty, substantial violation of constitutional/legal responsibilities, sustained failure to meet one's obligation, view of majority of those on house judiciary committee voting to impeach nixon... michael hoover

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