The Unknown Candidate: Why Not Impeachment?

Wednesday, August 23, 2006

Why Not Impeachment?

"So a judge has ruled that not only is Bush's warrantless wiretapping program illegal, it's also unconstitutional. And not just unconstitutional, but doubly unconstitutional; it violates both the 1st and 4th amendments. We're talking a smackdown of Judge Judy-esque proportions.

Now, I'm not really pushing the impeachment of George Bush, unless it's about lying about that fish I talked about last season. Them I'm all for it.

But if this decision stands, and this program is unlawful and unconstitutional, federal law expressly makes the ordering of surveillance under the program a federal felony. That would mean that the president could be guilty of no fewer than 30 felonies while in office. Moreover, it is not only illegal for a president to order such surveillance, it is illegal for other government officials to carry out such an order. And that means Alberto Gonzalez could be tried, convicted, and deported.

So let's just say for the sake of argument that the Supreme Court upholds this decision and says Bush broke the law and violated the Constitution. President Clinton was impeached for lying under oath in a civil case, a case that had no bearing on the public as a whole. This would - unquestionably - be a greater offense.

How would you square impeaching Clinton and not impeaching Bush? Or would Bush have to sleep with this judge in Detroit?

It's sort of like the 7 minutes question I always ask Republicans. Are you loyal to the man, or to the principle?"

Bill Maher is the host of HBO’s “Real Time with Bill Maher” which returns to the air 11PM Friday, August 25.

Watch Maher on video at The Huffington Post.

New York Times:
Ever since President Bush was forced to admit that he was spying on Americans’ telephone calls and e-mail without warrants, his lawyers have fought to keep challenges to the program out of the courts. Yesterday, that plan failed. A federal judge in Detroit declared the eavesdropping program to be illegal and unconstitutional. She also offered a scathing condemnation of what lies behind the wiretapping — Mr. Bush’s attempt to expand his powers to the point that he can place himself beyond the reach of Congress, judges or the Constitution.

“There are no hereditary kings in America and no powers not created by the Constitution,” wrote Judge Anna Diggs Taylor of the United States District Court in Detroit.

[...]

No sooner had this ruling been issued than Mr. Bush’s loyalists in Congress, who have been searching for ways to give legal cover to an illegal spying program, began calling for new laws to overcome Judge Taylor’s objections. Republicans quickly pointed out that Judge Taylor was appointed by President Jimmy Carter and that some of the many precedents she cited were written by liberal judges. These efforts to undermine Judge Taylor’s arguments will undoubtedly continue while the White House appeals the decision, and the outcome in the conservative Sixth Circuit Court of Appeals is uncertain.

But for now, with a careful, thoroughly grounded opinion, one judge in Michigan has done what 535 members of Congress have so abysmally failed to do. She has reasserted the rule of law over a lawless administration and shown why issues of this kind belong within the constitutional process created more than two centuries ago to handle them.
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