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Bush Article of Impeachment XXVIII


Article XXVIII
TAMPERING WITH FREE AND FAIR ELECTIONS, CORRUPTION OF THE ADMINISTRATION OF JUSTICE,

In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under Article II, Section 3 of the Constitution "to take care that the laws be faithfully executed", has both personally and acting through his agents and subordinates, conspired to undermine and tamper with the conduct of free and fair elections, and to corrupt the administration of justice by United States Attorneys and other employees of the Department of Justice, through abuse of the appointment power.

Toward this end, the President and Vice President, both personally and through their agents, did:

Engage in a program of manufacturing false allegations of voting fraud in targeted jurisdictions where the Democratic Party enjoyed an advantage in electoral performance or otherwise was problematic for the President's Republican Party, in order that public confidence in election results favorable to the Democratic Party be undermined;

Direct United States Attorneys to launch and announce investigations of certain leaders, candidates and elected officials affiliated with the Democratic Party at times calculated to cause the most political damage and confusion, most often in the weeks immediately preceding an election, in order that public confidence in the suitability for office of Democratic Party leaders, candidates and elected officials be undermined;

Direct United States Attorneys to terminate or scale back existing investigations of certain Republican Party leaders, candidates and elected officials allied with the George W. Bush administration, and to refuse to pursue new or proposed investigations of certain Republican Party leaders, candidates and elected officials allied with the George W. Bush administration, in order that public confidence in the suitability of such Republican Party leaders, candidates and elected officials be bolstered or restored;

Threaten to terminate the employment of the following United States Attorneys who refused to comply with such directives and purposes;

1.David C. Iglesias as U.S. Attorney for the District of New Mexico;
2.Kevin V. Ryan as U.S. Attorney for the Northern District of California;
3.John L. McKay as U.S. Attorney for the Western District of Washington;
4.Paul K. Charlton as U.S. Attorney for the District of Arizona;
5.Carol C. Lam as U.S. Attorney for the Southern District of California;
6.Daniel G. Bogden as U.S. Attorney for the District of Nevada;
7.Margaret M. Chiara as U.S. Attorney for the Western District of Michigan;
8.Todd Graves as U.S. Attorney for the Western District of Missouri;
9.Harry E. "Bud" Cummins, III as U.S. Attorney for the Eastern District of Arkansas;
10.Thomas M. DiBiagio as U.S. Attorney for the District of Maryland, and;
11.Kasey Warner as U.S. Attorney for the Southern District of West Virginia.

Further, George W. Bush has both personally and acting through his agents and subordinates, together with the Vice President conspired to obstruct the lawful Congressional investigation of these dismissals of United States Attorneys and the related scheme to undermine and tamper with the conduct of free and fair elections, and to corrupt the administration of justice.

Contrary to his oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, George W. Bush has without lawful cause or excuse directed not to appear before the Committee on the Judiciary of the House of Representatives certain witnesses summoned by duly authorized subpoenas issued by that Committee on June 13, 2007.

In refusing to permit the testimony of these witnesses George W. Bush, substituting his judgment as to what testimony was necessary for the inquiry, interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the checking and balancing power of oversight vested in the House of Representatives.

Further, the President has both personally and acting through his agents and subordinates, together with the Vice President directed the United States Attorney for the District of Columbia to decline to prosecute for contempt of Congress the aforementioned witnesses, Joshua B. Bolten and Harriet E. Miers, despite the obligation to do so as established by statute (2 USC § 194) and pursuant to the direction of the United States House of Representatives as embodied in its resolution (H. Res. 982) of February 14, 2008.

In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President George W. Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.

Documentation:

Dan Eggen, & Amy Goldstein, Voter-Fraud Complaints by GOP Drove Dismissals, The Washington Post, May 14, 2007.

Rebecca Carr, Former Justice Official: Fired U.S. Attorneys Among the Best, Cox Newspapers, May 8, 2007.

Marisa Taylor, Gonzales appoints political loyalists into vacant U.S. Attorneys slots, McClatchy Newspapers, January 26, 2007.

David Bowermaster, Charges may result from firings, say two former U.S. attorneys, Seattle Times, May 9, 2007.

Murray Waas, Secret Order By Gonzales Delegated Extraordinary Powers To Aides, National Journal, National Journal Group, Inc., April 30, 2007.

David Stout, Ex-Gonzales Aide Testifies, ‘I Crossed the Line’, New York Times, May 23, 2007.

Richard Roesler, No evidence of election crime, former U.S. attorney says, The Spokesman Review, May 20, 2007.

Jan Crawford Greenberg, E-Mails Show Rove's Role in U.S. Attorney Firings, ABC News, March 15, 2007.

Dan Eggen, Firings Had Genesis in White House Ex-Counsel Miers First Suggested Dismissing Prosecutors 2 Years Ago, Documents Show, Washington Post, March 13, 2007, p. Page A01.

Laura Jakes Jordan, Agency weighed prosecutors' politics, ABC News (AP), April 13, 2007

Kevin Johnson, Prosecutor fired so ex-Rove aide could get his job, USA Today, February 6, 2007.

David Johnston, White House Is Reported to Be Linked to a Dismissal, The New York Times, February 16, 2007.

CNN, Subpoenas target Justice; White House could be next, March 15, 2007.

Sheryl Gay Stolberg, Bush Clashes With Congress on Prosecutors, The New York Times, March 20, 2007.

President Bush Addresses Resignations of U.S. Attorneys - The Diplomatic Reception Room.

Michael Roston, Bush blocks Miers from appearing before House Judiciary Committee, contempt charges possible, July 11, 2007.

The New York Times, Questions About a Governor’s Fall, Editorial, June 30, 2007.

Adam Cohen, A Woman Wrongly Convicted and a U.S. Attorney Who Kept His Job, The New York Times, April, 16, 2007.

Loser Take All, edited by Mark Crispin Miller, 2008.

Commentary:

The Biggest Election Story Not on Your TV, by David Swanson.

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