IF NOT IMPEACHMENT, A REMEDY IN THE COURTS?

Amazing, courageous essay from Ronnie Dugger, founding editor and former publisher of the venerable Texas Observer.

If impeachment does not become possible, let me broach with you the idea that a grand jury, federal or state, should indict Bush and Cheney for their manifold official crimes. Are we, as we are so often piously assured, “a nation of laws and not of men,” or is the President above the law if his party controls the House and can block impeaching him?

The Constitution is silent on whether a seated President and Vice President can be indicted, while in office, for crimes committed while they have held those offices. Constitutional lawyers are congenitally prone to announcing that this cannot be done because it would disrupt the ongoing business of the government. But it is time to do it, if necessary absent impeachment, for exactly that reason—to disrupt the continuation of THIS government.

I have not yet found one constitutional lawyer who can cite a Supreme Court case or any other judicial precedent prohibiting their indictment—if you know of one please let me hear from you. In 1973 Nixon’s attorney general said the President can’t be indicted, but why should Nixon’s attorney general bind us?

Committed to nonviolence, determined, in this post-Gandhi era, against violence, nevertheless we are once again in the position of the Framers of the Constitution. In the post-revolutionary emergency, the Founding Fathers took things in their own hands, violating their clear instructions from the states by proposing to create the United States, which the states then created. In the crisis we are in now we must not be misled by expostulating lawyers or posturing politicians. We the citizens can make up our own minds whether we can indict Bush and Cheney and, if they are convicted, throw them out.

May we close here, then, as we began two centuries and more ago, with the words of Tom Paine. “We have it in our power to begin the world over again,” he said. “The birth day of a new world is at hand… We are a people upon experiments. It is an age of revolutions, in which everything may be looked for.”

Tags: Bush, impeachment, indictment, federal crimes