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National Lawyers Guild resolution: Impeach Bush & Cheney

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  • Legalbear
    Moderator/Bear: Paste the links here into your browser or they probably will not work. When you are copying the link, do not include the carrots at either end
    Message 1 of 1 , Nov 5, 2007
      Moderator/Bear: Paste the links here into your browser or they probably will
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      -----Original Message-----
      From: ben.merhav@... [mailto:ben.merhav@...]
      Sent: Saturday, November 03, 2007 6:58 AM



      The following NLG historical resolution was downloaded today, 3rd of
      November, 2007 (eastern Australia time) from the website of the coalition
      for the impeachment of President Bush and Vice President Cheney.

      When the impeachment is successfully passed then the people of the USA would
      need to be on guard so that democracy - direct and participatoy democracy!
      -will prevail, rather than return to the old plutocracy rule, when anybody
      and anything - including people's lives - can be bought or sold by the
      owners of big money !

      Our planet cannot continue to sustain life under the rule of big business !



      The National Lawyers Guild of the USA on Friday 2nd of October,
      2007,unanimously and enthusiastically passed a resolution supporting the
      impeachment of Bush and Cheney as follows:

      "Resolution on Impeachment of Bush and Cheney

      Whereas George W. Bush and Richard B. Cheney:

      1. deliberately misled the nation and doctored intelligence, as described in
      the Downing Street minutes, http://www.downingstreetmemo.com/memos.html
      about the threat from Iraq in order to justify a war of aggression and an
      occupation of Iraq , as further described in House resolution H. Res. 333

      and as listed in House Resolution H. Res. 635

      2. committed crimes against peace by initiating war against Iraq in
      violation of the UN Charter http://www.worldpress.org/specials/iraq/
      <http://www.worldpress.org/specials/iraq/> ;

      3. committed crimes against humanity in their conduct of the occupation of
      Iraq in which they killed hundreds of thousands of Iraqi civilians and
      created millions of refugees
      http://www.guardian.co.uk/Iraq/Story/0,,1892888,00.html and
      http://edition.cnn.com/2 006/WORLD/meast/10/13/iraq.main/index.html;

      4. killed over 3700 American soldiers and severely wounded nearly 30,000
      more in the pursuit of an illegal, immoral, and unjust occupation of Iraq.
      While Bush and Cheney have stated no truthful noble cause for the war, one
      of the central purposes appears to be to take control of Iraq's immense oil
      reserves to financially benefit private corporate interests. See Bush's
      benchmark listing fact sheet released the same day Bush announced the
      "surge" that expressly called on the Iraq parliament to "enact hydrocarbons
      law to promote investment . . . "

      <http://www.whitehouse.gov/news/releases/2007/01/200701103> .

      html and http://www.alternet.org/waroniraq/56672/
      <http://www.alternet.org/waroniraq/56672/> ;

      5. committed further crimes against peace by threatening Iran in violation
      of the UN Charter, as described in House resolution H. Res. 333
      <http://thomas.loc.gov/cgibin/query/z?c110:H.RES.333> : and
      <http://news.bbc.co.uk/1/hi/world/middle_east/6649053.stm> ;

      6. detained thousands of prisoners without charges and without providing the
      ability to confront their accusers at a fair trial

      7. condoned the torture of prisoners in violation of the Geneva Conventions,
      the US anti-torture statute of 1994, the US War Crimes Act of 1996, and the
      oath of office http://hrw.org/english/docs/2004/05/24/usint8614.htm
      t_requirement/> .

      Bush's refusal to faithfully execute the laws prohibiting torture and his
      declaration on February 7,2002 that the Geneva Conventions did not apply to
      prisoners in Afghanistan and in Guantanamo set the stage for torture there
      <http://hrw.org/reports/2004/usa0604/2.htm> . The Rumsfeld approved
      Guantanamo torture techniques were then imported to Iraq in August 2003,
      where the International Committee of the Red Cross found "systemic"
      mistreatment of Iraqi prisoners in several facilities and where the
      Schlesinger Report confirmed in August 2004 that abuses were "widespread"
      and "serious both in number and in effect," and that there is both
      "institutional and personal responsibility at higher levels;"

      8. approved at least two different illegal electronic surveillance programs
      of American citizens without a warrant in violation of the fourth amendment
      and in violation of the Foreign Intelligence Surveillance Act of 1978, and
      repeatedly lied to the American people by stating that no surveillance was
      taking place without a court order. The first program includes intercepting
      phone and email conversations without warrants and was exposed by the NY
      Times on December 16, 2005
      <http://emoglen.law.columbia.edu/CPC/NYT_15cnd-program.html> . After that
      program was exposed Bush said the program was carefully targeted to just
      include international calls and suspected members of Al Qaeda. Then, the
      second program was exposed by USA Today on May 11, 2006. It provides a
      wholesale attack on the fourth amendment by recording call identification
      information of tens of millions of purely domestic calls as well as
      international calls
      <http://www.usatoday.com/news/washington/2006-05-10-nsa_x.htm> ;

      9. attacked basic human rights protections in the constitution including
      habeas corpus, fifth amendment freedom from loss of life, liberty and
      property without due process of law, eighth amendment freedom from cruel and
      unusual punishment, and fourth amendment freedom from reasonable search and

      10. attacked the separation of powers in an effort to consolidate power in
      the executive;

      11. attacked the messenger who revealed that Bush "twisted"
      intelligence "to exaggerate the Iraqi threat." Just as Nixon retaliated
      against former Pentagon analyst Daniel Ellsberg
      <http://en.wikipedia.org/wiki/Daniel_Ellsberg> , according to papers filed
      in court by special prosecutor Patrick Fitzgerald in April 2006, there was
      "concerted action" by "multiple people in the White House" to "discredit,
      punish or seek revenge against" former Ambassador Joseph Wilson for his July
      6, 2003 NY Times op ed piece
      eb1ce960dec0&ei=5007> that ripped the cover off of Bush's false assertions
      in his 2003 state of the union address that Iraq was trying to buy uranium
      from Africa for building a nuclear bomb. In retaliation, and to silence
      other would-be critics, the White House collected information about Wilson
      and disclosed to reporters that his wife, Valerie Plame, was a covert agent
      in the CIA counterinsurgency division, putting her life, and the lives of
      her contacts, at risk in violation of a US law protecting intelligence
      personnel (The Impeachment of George W. Bush, by Elizabeth Holtzman);

      12. as the sole person under the Federal Stafford Act with responsibility
      and authority to issue emergency orders to mobilize the military and any
      federal resources needed to aid and assist in a disaster (see Failure of
      Initiative, February 2006 report of the House Select Bipartisan Committee to
      investigate the Preparations for and the Response to Hurricane Katrina
      http://katrina.house.gov/ <http://katrina.house.gov/> ), Bush failed to take
      care that the laws be faithfully executed, violated the public trust, and
      demonstrated reckless and inexcusable indifference to human life before,
      during and after Hurricane Katrina.

      Bush knew but did not act until too late, and then he lied about it on
      national TV. Footage and transcripts from briefings Aug. 25-31 demonstrate
      that Bush was personally told well in advance of the "unprecedented
      strength" of the hurricane, the "devastating damage expected," and that
      "water shortages will make human suffering incredible," according to highly
      accurate predictions by the National Weather Service. The Associated Press
      reported that "in dramatic and sometimes agonizing terms, federal disaster
      officials warned President Bush and his homeland security chief before
      Hurricane Katrina struck that the storm could breach levees, put lives at
      risk in New Orleans' Superdome and overwhelm rescuers, according to
      confidential video footage,"
      <http://www.truthout.org/cgibin/artman/exec/view.cgi/47/18079> . Yet Bush
      failed to muster resources to evacuate residents in advance and failed to
      assist New Orleans residents after Hurricane Katrina hit.

      Then three days later Bush told Good Morning America, "I don't think that
      anybody anticipated a breach of the levees."
      130.html> In years before the storm Bush demonstrated inexcusable criminal
      negligence and violated the public trust by cutting the budget for hurricane
      defense, though the high probability of the breaching of the levees and the
      enormous risk to human life from a major hurricane hitting New Orleans were
      predicted and well known for years before the hurricane hit
      <http://www.cnn.com/2005/US/09/03/katrina.chertoff/index.html> ;

      13. failed to take care that the laws be faithfully executed by issuing
      signing statements that claim the authority to disobey laws based on the
      president's own interpretation of their constitutionality, and then by
      taking action in violation of these laws, including the US law making
      torture a crime, laws regarding Congressional oversight that require
      providing information to Congress, laws regarding domestic spying, laws
      regarding civil liberties, and laws strengthening whistle blower protection,
      thereby expanding the president's own power by stepping into the legislative
      and judicial functions at the expense of Congress and the courts, upsetting
      the balance among the three branches of government, and moving us away from
      the rule of law toward vastly increased executive power;
      eds_of_laws/> and
      t_requirement/> ;

      14. converted the Justice Department into an arm of the Republican Party by
      firing meritorious federal prosecutors who refused to base decisions on whom
      to prosecute on political considerations--to help Republicans win election,
      an offense James Madison discussed in a speech to the Senate on June 17,
      1789, in which Madison said, "The danger then consists merely in this, the
      president can displace from office a man whose merits require that he should
      be continued in it. What will be the motives which the president can feel
      for such abuse of his power, and the restraints that operate to prevent it?
      In the first place, he will be impeachable by this house, before the senate,
      for such an act of mal-administration; for I contend that the wanton removal
      of meritorious officers would subject him to impeachment and removal from
      his own high trust."

      <http://www.commondreams.org/archive/2007/03/27/113/print/> ;

      15. condoned criminal conduct and obstructed justice by commuting the
      sentence of convicted perjurer Scooter Libby to keep him silent and to
      demonstrate that Bush and Cheney will not allow high officials in the
      administration to be held accountable for their criminal acts;

      16. obstructed congressional investigations of these and other acts by the
      administration by defying subpoenas from Senate and House committees seeking
      documents and testimony under oath by administration officials and former
      administration officials; and Whereas the constitution requires the
      president to take the following oath of office: "I do solemnly swear that I
      will faithfully execute the Office of the President of the United States,
      and will to the best of my ability, preserve, protect and defend the
      Constitution of the United States;"and

      Whereas the constitution provides that the president "shall take Care that
      the Laws be faithfully executed;"and

      Whereas the constitution mandates that "the President, Vice President and
      all civil Officers of the United States, shall be removed from Office on
      Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes
      and Misdemeanors;" and

      Whereas impeachment was so important to our founding fathers that it is
      mentioned six times in five different sections of the constitution; and

      Whereas George Mason, a primary author of the Constitution, said that
      impeachment was the single most important part of the entire document.
      "Shall any man be above Justice? Above all shall that man be above it who
      can commit the most extensive injustice?"
      July 20, 1787; and

      Whereas "high Crimes and Misdemeanors" is a term of art that means a serious
      abuse of power,whether or not it is also a crime, that endangers our
      constitutional system of government, or an abuse of public trust. (See
      Constitutional Grounds for Presidential
      Impeachment: Report of the House Judiciary Committee, 1974,
      atedoc_3.htm> , articles by Elizabeth Holzman who served on the House
      Judiciary Committee during the impeachment hearings of Richard Nixon in 1974
      <http://www.thenation.com/doc/20060130/holtzman> ; and
      <http://www.thenation.com/docprint.mhtml?i=20070212&s=holtzman> , and the
      book, The Impeachment of George W. Bush, by Elizabeth Holtzman)

      Whereas each of the above listed acts meets or exceeds that standard; and

      Whereas impeachment is the only constitutional method to protect Americans
      from a president intent on abusing power, violating the constitution,
      violating the laws, and breaching public trust; and

      Whereas Bush and Cheney threaten further crimes, including launching a war
      of aggression against Iran, and whereas sufficient time remains in their
      term of office for them to commit those crimes so allowing either or both of
      them to remain in office for that remaining time will facilitate these
      crimes, and

      whereas pretexts for attacking Iran have been issued, as described by a
      former CIA Middle East field officer and current Time Magazine columnist
      <http://www.time.com/time/printout/0,8816,1654188,00.html> ; and

      Whereas failing to hold Bush and Cheney accountable not only condones their
      crimes but acilitates a future president committing similar or greater
      crimes; and

      Whereas members of Congress swear an oath to "support and defend the
      constitution of the United States against all enemies, foreign and
      domestic," and no part of this oath permits exception for partisan
      advantage, the next election, political expediency, whether it is
      distracting from other issues, or how much time they have left in office;

      Whereas failure by Congress to initiate the one
      remedy--impeachment--provided by our founding fathers to protect the
      constitution from such serious abuses has put that constitution, the rule of
      law, civil liberties, our democratic form of government, the separation of
      powers, the lives of our men and women in uniform, and the lives of
      countless civilians at severe risk; and

      Whereas citizen pressure led the Vermont State Senate and 87 cities and
      towns around the nation to pass impeachment resolutions; and

      Whereas a poll conducted by http://www.americanresearchgroup.com/
      on July 5, 2007 found that 54% of American adults want the US House of
      Representatives to begin impeachment proceedings against Vice President Dick
      Cheney while only 40% oppose, and whereas the poll also found that 45% are
      in favor of the same thing for President George W. Bush while 46% oppose;

      Whereas in view Congress' ongoing complicity with the war, the torture, the
      lies, the warrantless wiretapping, and the imprisonment without trial, and
      its failure to protect rights and civil liberties, it is up to the people
      themselves to defend the constitution and our civil liberties by building
      larger grassroots movements, including a movement for impeachment;

      Therefore be it resolved that the National Lawyers Guild calls upon the U.S.
      House of Representatives to immediately initiate impeachment proceedings, to
      investigate the charges, and if the investigation supports the charges, to
      vote to impeach George W. Bush and Richard B.Cheney as provided in the
      Constitution of the United States of America; and

      Be it further resolved that the National Lawyers Guild will establish an NLG
      Impeachment Committee open to all members to coordinate action by the NLG in
      support of impeachment, to work with national and grassroots impeachment
      organizations, and to provide legal assistance for those efforts to
      strengthen the national campaign for impeachment; and

      Be it further resolved that the NLG Impeachment Committee will help organize
      and coordinate events at the local, state, and national level to build
      public participation in the campaign to initiate impeachment investigation,
      impeachment, and removal of Bush and Cheney from office without further
      delay; and

      Be it further resolved that the National Lawyers Guild calls on NLG members
      to ask their respective member of Congress to support H. Res. 333 to impeach
      Cheney and to introduce or support other impeachment resolutions; and

      Be it further resolved that the National Lawyers Guild calls on all other
      state and national bar associations, state and local government bodies,
      community organizations, labor unions, and all other citizen associations to
      adopt similar resolutions and to use all their resources to build the
      campaign demanding that Congress initiate impeachment investigation,
      impeach, and remove Bush and Cheney from office without further delay; and

      Be it further resolved that the National Lawyers Guild will forward a copy
      of this resolution to the Speaker and the Clerk of the US House of
      Representatives, to Representative John Conyers, Chair of the House
      Judiciary Committee, to the various state and federal bar associations, to
      other peace and justice organizations, and to the news media.

      Implementation: By the NLG Impeachment Committee established by this
      resolution, by interested local chapters, and by national officers. "

      PHONE #s: 970-613-8866/720-203-5142 c.
      For mailing: Excellence Unlimited, 2661 W. 46th St., Loveland, CO 80538


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