http://americanliberalism.org/showDiary.do?diaryId=1127The refusal of Vice President Cheney to abide by the laws and rules and orders governing the maintenance of records and the classification and declassification of documents is clearly a misdemeanor as understood in the phrase "high crimes and misdemeanors or treason," the triggering mechanism for impeachment. The refusal of the Executive to provide subpoenaed information to the Senate and to the House of Representatives and admitting while so refusing that members of the White House staff were indeed involved in the dismissal of federal prosecutors around the country is, on the other hand, a very muddy issue. It hangs, it seems to me, (and I am only related to an attorney, not one myself), on the question of whether or not the Congressional committees are digging toward a criminal act or not. In both cases it is manifestly clear, even if Speaker Pelosi did not hear John Dean say so on Countdown Thursday evening, that she must put impeachment back on the table. She must stop listening to the smart-assed politicians in her party and stop playing protracted election year politics with a situation that could easily backfire (with Rove and Cheney in power), seriously undercutting the rule of law.
JB :: Speaker Pelosi's Constitutional Crisis
The conceit that the Speaker of the House can write and rewrite the Constitution of the United States with respect to the very teeth in "checks and balances" is threadbare. Of course, any Speaker can count votes in the House of Representatives and then guess about votes in the Senate and, if the counts come up short, then move with "all deliberate speed" to deploy the impeachment process. That is, Pelosi can make things move slowly and deliberately, but to say that impeachment is not appropriate is wrong! It violates both the absolute letter and the essential spirit of the Constitution. It is not the Speaker's decision to make. The states have long since ratified the Constitution and impeachment is one of its most important provisions. So, Mrs. Pelosi, stand up like a good intelligent woman and say you're sorry and tell the American people what the vast majority of them have told you they want to hear: impeachment is alive and well and may well be ready for exercise!
If the Supreme Court were honest and dependable, we could believe that the question about Executive Branch privileged information would be treated honestly. It could go either way under those circumstances. A fair court might easily say that the Oval Office cannot operate effectively if everything said there has the potential for public scrutiny. A fair court might also easily say that the extra-Constitutional doctrine of Executive Privilege, however "fair and reasonable" it might be, is not a suicide pact and that the welfare of the nation must come before the welfare of a single branch of government, even the Executive. If, for instance, there is a rogue Attorney General, a dishonest one, one incapable of managing Justice in this nation, that is serious and that must be remedied, even if it means pulling the rug out from underneath various assistants to the President who might be implicated in the Attorney's General's high crimes and misdemeanors.
Those of us old enough to remember the Watergate hearings now have a eerie feeling that the country is headed for another such crisis. It is a crisis because the Executive believes it must protect itself from shameless political attacks, but the Legislative and Judicial branches believe there is criminality afoot and that their positions in the triad of separate powers which are meant to check and balance one another would be in equal jeopardy. It is a stand-off, except that the remedy is prescribed. It is impeachment. Mrs. Pelosi, We the People demand that you fulfill the obligations of your office and your oath to preserve, protect, and defend the Constitution against all enemies foreign and domestic. Impeachment is always on the table, you have but to recognize that fact gracefully to keep your trust with the People.