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Impeaching Gonzales What The Founders Intended

As always, I speak for me only.

Adam Cohen gets it right:

. . . Members of Congress should keep in mind, however, that the founders gave them the impeachment power for a reason — and Mr. Gonzales’s malfeasance is just the sort they were worried about.

The Constitution provides for impeachment for “treason, bribery, or other high crimes and misdemeanors.” Not a clear formula, but it wasn’t meant to be. Impeachment, Alexander Hamilton explained in Federalist 65, cannot be “tied down” by “strict rules, either in the delineation of the offense” by the House, or “in the construction of it” by the Senate.

. . . Impeachment of Mr. Gonzales would fit comfortably into the founders’ framework. No one could charge this Congress with believing that executive branch members serve at the “pleasure of the Senate” or the House. Speaker Nancy Pelosi has indicated that impeachment of President Bush is “off the table,” and there has been little talk of impeaching Vice President Dick Cheney or others in the administration . . . MORE

Congress has heard extensive testimony about how Mr. Gonzales’s Justice Department has become an arm of a political party, choosing lawyers for nonpartisan positions based on politics, and bringing cases — including prosecutions that have put people in jail — to help Republicans win elections.

Mr. Gonzales’s repeated false and misleading statements to Congress are also impeachable conduct. James Iredell, whom George Washington would later appoint to the Supreme Court, told North Carolina’s ratification convention that “giving false information to the Senate” was the sort of act “of great injury to the community” that warranted impeachment.

The United States attorneys scandal is also the sort of abuse the founders worried about. Top prosecutors, most with sterling records, were apparently fired because they refused to let partisan politics guide their decisions about whether to prosecute. Madison, the father of the Constitution, noted in a speech to the first Congress that “wanton removal of meritorious officers would subject” an official to impeachment. . . .

IF Bush does not make Gonzo go, the Congress must.

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