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Draft Impeachment Resolution Against President George W. Bush

Draft Impeachment Resolution Against George W. Bush

by FRANCIS A. BOYLE Professor Of Law, University Of Illinois School Of Law

108nd Congress H.Res.XX

1st Session

Impeaching George Walker Bush, President of the United States, of high crimes and misdemeanors.

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IN THE HOUSE OF REPRESENTATIVES

January __, 2003

Mr./Ms. Y submitted the following resolution; which was referred to the Committee on Judiciary.

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A RESOLUTION

Impeaching George Walker Bush, President of the United States, of high crimes and misdemeanors.

Impeaching George Walker Bush, President of the United States, of high crimes and misdemeanors.

Resolved, That George Walker Bush, President of the United States is impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the Senate:

Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of all of the people of the United States of America, against George Walker Bush, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.

ARTICLE I

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has attempted to impose a police state and a military dictatorship upon the people and Republic of the United States of America by means of “a long Train of Abuses and Usurpations” against the Constitution since September 11, 2001. This subversive conduct includes but is not limited to trying to suspend the constitutional Writ of Habeas Corpus; ramming the totalitarian U.S.A. Patriot Act through Congress; the mass-round-up and incarceration of foreigners; kangaroo courts; depriving at least two United States citizens of their constitutional rights by means of military incarceration; interference with the constitutional right of defendants in criminal cases to lawyers; violating and subverting the Posse Comitatus Act; unlawful and unreasonable searches and seizures; violating the First Amendments rights of the free exercise of religion, freedom of speech, peaceable assembly, and to petition the government for redress of grievances; packing the federal judiciary with hand-picked judges belonging to the totalitarian Federalist Society and undermining the judicial independence of the Constitution’s Article III federal court system; violating the Third and Fourth Geneva Conventions and the U.S. War Crimes Act; violating the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination; reinstitution of the infamous “Cointelpro” Program; violating the Vienna Convention on Consular Relations, the Convention against Torture, and the Universal Declaration of Human Rights; instituting the totalitarian Total Information Awareness Program; and establishing a totalitarian Northern Military Command for the United States of America itself. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.

ARTICLE II

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has violated the Equal Protection Clause of the Constitution. U.S. soldiers in the Middle East are overwhelmingly poor White, Black, and Latino and their military service is based on the coercion of a system that has denied viable economic opportunities to these classes of citizens. Under the Constitution, all classes of citizens are guaranteed equal protection of the laws, and calling on the poor and minorities to fight a war for oil to preserve the lifestyles of the wealthy power elite of this country is a denial of the rights of these soldiers. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.

ARTICLE III

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has violated the U.S. Constitution, federal law, and the United Nations Charter by bribing, intimidating and threatening others, including the members of the United Nations Security Council, to support belligerent acts against Iraq. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.

ARTICLE IV

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has prepared, planned, and conspired to engage in a massive war and catastrophic aggression against Iraq by employing methods of mass destruction that will result in the killing of hundreds of thousands of civilians, many of whom will be children. This planning includes the threatened use of nuclear weapons, and the use of such indiscriminate weapons and massive killings by aerial bombardment, or otherwise, of civilians, violates the Hague Regulations on land warfare, the rules of customary international law set forth in the Hague Rules of Air Warfare, the Four Geneva Conventions of 1949 and Protocol I thereto, the Nuremberg Charter, Judgment, and Principles, the Genocide Convention, the Universal Declaration of Human Rights, and U.S. Army Field Manual 27-10 (1956). In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.

ARTICLE V

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has committed the United States to acts of war without congressional consent and contrary to the United Nations Charter and international law. From September, 2001 through January, 2003, the President embarked on a course of action that systematically eliminated every option for peaceful resolution of the Persian Gulf crisis. Once the President approached Congress for consent to war, tens of thousands of American soldiers’ lives were in jeopardy – rendering any substantive debate by Congress meaningless. The President has not received a Declaration of War by Congress, and in contravention of the written word, the spirit, and the intent of the U.S. Constitution has declared that he will go to war regardless of the views of the American people. In failing to seek and obtain a Declaration of War, George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.

ARTICLE VI

In the conduct of the office of President of the United States, George Walker Bush, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has planned, prepared, and conspired to commit crimes against the peace by leading the United States into aggressive war against Iraq in violation of Article 2(4) of the United Nations Charter, the Nuremberg Charter, Judgment, and Principles, the Kellogg-Brand Pact, U.S. Army Field Manual 27-10 (1956), numerous other international treaties and agreements, and the Constitution of the United States. In all of this George Walker Bush has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Wherefore George Walker Bush, by such conduct, warrants impeachment and trial, and removal from office.

(In memory of Congressman Henry B. Gonzalez – R.I.P. – and H. Res. 86, 102nd Cong., 1st Sess., Jan. 16, 1991.)

Francis A. Boyle, Professor of Law, University of Illinois, is author of Foundations of World Order, Duke University Press, The Criminality of Nuclear Deterrence, and Palestine, Palestinians and International Law, by Clarity Press. He can be reached at: FBOYLE@LAW.UIUC.EDU