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					                                      H5088                                               CONGRESSIONAL RECORD — HOUSE                                                                  June 9, 2008
                                      ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE                  Garrett (NJ)        Manzullo             Roybal-Allard      Rohrabacher     Tanner          Weiner
                                                                                               Gerlach             Markey               Royce              Rush            Taylor          Weldon (FL)
                                        The SPEAKER pro tempore (during                        Giffords            Marshall             Ruppersberger      Souder          Terry           Weller
                                      the vote). There are 2 minutes left on                   Gingrey             Matheson             Ryan (OH)          Space           Tiahrt          Wilson (SC)
                                      this vote.                                               Gohmert             Matsui               Ryan (WI)          Speier          Udall (NM)
                                                                                               Gonzalez            McCarthy (CA)        Salazar            Tancredo        Waters
                                                         b 1903                                Goode               McCarthy (NY)        Sali
                                                                                                                                         ´                 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
                                                                                               Goodlatte           McCaul (TX)          Sanchez, Linda
                                         So (two-thirds being in the affirma-                  Gordon              McCollum (MN)          T.                 The SPEAKER pro tempore (during
                                      tive) the rules were suspended and the                   Granger             McCotter             Sanchez, Loretta   the vote). There are 2 minutes remain-
                                                                                               Graves              McCrery              Sarbanes
                                      resolution was agreed to.                                Green, Al           McGovern             Saxton             ing on this vote.
                                         The result of the vote was announced                  Green, Gene         McHenry              Scalise
                                                                                               Gutierrez           McHugh               Schakowsky
                                                                                                                                                                              b 1911
                                      as above recorded.
                                                                                               Hall (NY)           McIntyre             Schiff                So (two-thirds being in the affirma-
                                         A motion to reconsider was laid on                    Hall (TX)           McKeon               Schmidt
                                      the table.                                               Hastings (FL)       McMorris             Schwartz
                                                                                                                                                           tive) the rules were suspended and the
                                         Stated for:                                           Hayes                 Rodgers            Scott (GA)         resolution was agreed to.
                                         Mr. FILNER. Madam Speaker, on rollcall                Heller              McNerney             Scott (VA)            The result of the vote was announced
                                                                                               Hensarling          McNulty              Sensenbrenner      as above recorded.
                                      389, I was unable to vote because I was away             Herger              Meeks (NY)           Serrano
                                      from the Capitol region in my capacity as                Higgins             Melancon             Sessions              A motion to reconsider was laid on
                                      Chairman of the Veterans Affairs Committee.              Hill                Mica                 Sestak             the table.
                                                                                               Hinchey             Michaud              Shadegg               Stated for:
                                      Had I been present, I would have voted ‘‘yea.’’          Hinojosa            Miller (FL)          Shays
                                                                                               Hirono              Miller (MI)          Shea-Porter
                                                                                                                                                              Mr. FILNER. Madam Speaker, on rollcall
                                                        f                                      Hobson              Miller (NC)          Sherman            390, I was unable to vote because I was away
                                                                                               Hodes               Miller, Gary         Shimkus            from the Capitol region in my capacity as
                                        50TH ANNIVERSARY OF ALASKA                             Hoekstra            Miller, George       Shuler             Chairman of the Veterans Affairs Committee.
                                                AS THE 49TH STATE                              Honda               Mitchell             Shuster
                                                                                               Hoyer               Moore (KS)           Simpson            Had I been present, I would have voted ‘‘yea.’’
                                        The SPEAKER pro tempore. The un-                       Hunter              Moore (WI)           Sires                              f
                                      finished business is the vote on the mo-                 Inglis (SC)         Moran (KS)           Skelton
                                      tion to suspend the rules and agree to                   Inslee              Moran (VA)           Slaughter          NOTICE OF INTENTION TO OFFER
                                                                                               Israel              Murphy (CT)          Smith (NE)
                                      the resolution, H. Res. 127, on which                    Issa                Murphy, Patrick      Smith (NJ)
                                                                                                                                                             RESOLUTION RAISING A QUES-
                                      the yeas and nays were ordered.                          Jackson (IL)        Murphy, Tim          Smith (TX)           TION OF THE PRIVILEGES OF
                                        The Clerk read the title of the resolu-                Jackson-Lee         Musgrave             Smith (WA)           THE HOUSE
                                                                                                 (TX)              Nadler               Snyder
                                      tion.                                                    Johnson (GA)        Napolitano           Solis                Mr. KUCINICH. Madam Speaker, pur-
                                        The SPEAKER pro tempore. The                           Johnson (IL)        Neal (MA)            Spratt             suant to clause 2 of rule IX, I rise to
                                      question is on the motion offered by                     Johnson, E. B.      Neugebauer           Stark              give notice of my intent to raise a
                                      the gentleman from Illinois (Mr.                         Johnson, Sam        Nunes                Stearns
                                                                                               Jones (NC)          Oberstar             Stupak             question of the privileges of the House.
                                      DAVIS) that the House suspend the                        Jones (OH)          Obey                 Sullivan             The form of the resolution is as fol-
                                      rules and agree to the resolution, H.                    Jordan              Olver                Sutton             lows:
                                      Res. 127.                                                Kagen               Pallone              Tauscher
                                                                                               Kanjorski           Pastor               Thompson (CA)        Resolved, That President George W. Bush
                                        This will be a 5-minute vote.                          Keller              Paul                 Thompson (MS)      be impeached for high crimes and mis-
                                        The vote was taken by electronic de-                   Kildee              Payne                Thornberry         demeanors, and that the following articles of
                                      vice, and there were—yeas 375, nays 0,                   Kilpatrick          Pence                Tiberi             impeachment be exhibited to the United
                                      not voting 58, as follows:                               Kind                Perlmutter           Tierney            States Senate:
                                                                                               King (IA)           Peterson (MN)        Towns                Articles of impeachment exhibited by the
                                                         [Roll No. 390]                        King (NY)           Peterson (PA)        Tsongas
                                                                                               Kingston            Petri                Turner
                                                                                                                                                           House of Representatives of the United
                                                          YEAS—375                                                                                         States of America in the name of itself and
                                                                                               Kirk                Pickering            Udall (CO)
                                      Abercrombie        Brown-Waite,       Davis, David       Klein (FL)          Pitts                Upton              of the people of the United States of Amer-
                                      Ackerman             Ginny            Davis, Lincoln     Kline (MN)          Platts               Van Hollen         ica, in maintenance and support of its im-
                                      Aderholt           Buchanan           Davis, Tom                                                      ´
                                                                                               Knollenberg         Poe                  Velazquez          peachment against President George W.
                                      Akin               Burgess            Deal (GA)          Kucinich            Pomeroy              Visclosky
                                      Allen              Burton (IN)        DeFazio
                                                                                                                                                           Bush for high crimes and misdemeanors.
                                                                                               Kuhl (NY)           Porter               Walberg              In his conduct while President of the
                                      Altmire            Butterfield        DeGette            LaHood              Price (GA)           Walden (OR)
                                      Andrews            Calvert            Delahunt           Lamborn             Price (NC)           Walsh (NY)
                                                                                                                                                           United States, George W. Bush, in violation
                                      Arcuri             Camp (MI)          DeLauro            Lampson             Pryce (OH)           Walz (MN)          of his constitutional oath to faithfully exe-
                                      Baca               Campbell (CA)      Dent               Langevin            Putnam               Wamp               cute the office of President of the United
                                      Bachmann           Cannon             Diaz-Balart, L.    Larsen (WA)         Radanovich           Wasserman          States and, to the best of his ability, pre-
                                      Bachus             Cantor             Diaz-Balart, M.    Larson (CT)         Rahall                 Schultz          serve, protect, and defend the Constitution
                                      Baird              Capito             Dicks              LaTourette          Ramstad              Watson
                                      Baldwin            Capps              Dingell
                                                                                                                                                           of the United States, and in violation of his
                                                                                               Latta               Rangel               Watt               constitutional duty to take care that the
                                      Barrow             Cardoza            Doggett            Lee                 Rehberg              Waxman
                                      Bartlett (MD)      Carney             Donnelly           Levin               Reichert             Welch (VT)
                                                                                                                                                           laws be faithfully executed, has committed
                                      Barton (TX)        Carson             Doolittle          Lewis (CA)          Renzi                Westmoreland       the following abuses of power.
                                      Bean               Carter             Doyle              Lewis (GA)          Reyes                Wexler             ARTICLE I.—CREATING A SECRET PROPAGANDA
                                      Becerra            Castle             Drake              Linder              Reynolds             Whitfield (KY)       CAMPAIGN TO MANUFACTURE A FALSE CASE
                                      Berkley            Castor             Dreier             LoBiondo            Richardson           Wilson (NM)
                                      Berman             Cazayoux           Duncan                                                                           FOR WAR AGAINST IRAQ
                                                                                               Loebsack            Rodriguez            Wilson (OH)
                                      Berry              Chabot             Edwards            Lofgren, Zoe        Rogers (AL)          Wittman (VA)         In his conduct while President of the
                                      Biggert            Chandler           Ellison            Lowey               Rogers (KY)          Wolf               United States, George W. Bush, in violation
                                      Bilbray            Childers           Ellsworth          Lungren, Daniel     Rogers (MI)          Woolsey            of his constitutional oath to faithfully exe-
                                      Bilirakis          Clarke             Emanuel              E.                Ros-Lehtinen         Wu
                                      Bishop (NY)        Clay               Emerson
                                                                                                                                                           cute the office of President of the United
                                                                                               Lynch               Roskam               Yarmuth            States and, to the best of his ability, pre-
                                      Blackburn          Cleaver            Engel              Mack                Ross                 Young (AK)
                                      Blumenauer         Clyburn            English (PA)       Mahoney (FL)        Rothman              Young (FL)
                                                                                                                                                           serve, protect, and defend the Constitution
                                      Blunt              Coble              Eshoo                                                                          of the United States, and in violation of his
                                      Boehner            Cohen              Etheridge                                                                      constitutional duty under Article II, Section
                                      Bonner             Cole (OK)          Everett
                                                                                                                 NOT VOTING—58
                                                                                                                                                           3 of the Constitution ‘‘to take care that the
                                      Bono Mack          Conaway            Fallin             Alexander           Gillibrand           Lewis (KY)         laws be faithfully executed’’, has both per-
                                      Boozman            Conyers            Farr               Barrett (SC)        Grijalva             Lipinski
                                      Boren              Cooper             Fattah             Bishop (GA)         Hare                 Lucas
                                                                                                                                                           sonally and acting through his agents and
                                      Boswell            Costa              Feeney             Bishop (UT)         Harman               Maloney (NY)       subordinates, together with the Vice Presi-
                                      Boucher            Courtney           Ferguson           Buyer               Hastings (WA)        Marchant           dent, illegally spent public dollars on a se-
                                      Boustany           Cramer             Flake              Capuano             Herseth Sandlin      McDermott          cret propaganda program to manufacture a
                                      Boyd (FL)          Crenshaw           Forbes             Carnahan            Holden               Meek (FL)          false cause for war against Iraq.
                                      Boyda (KS)         Crowley            Fortenberry        Costello            Holt                 Mollohan             The Department of Defense (DOD) has en-
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                                      Brady (PA)         Cuellar            Foster             Cubin               Hooley               Murtha             gaged in a years-long secret domestic propa-
                                      Brady (TX)         Culberson          Foxx               Davis (AL)          Hulshof              Myrick
                                      Braley (IA)        Cummings           Frank (MA)         Ehlers              Jefferson            Ortiz
                                                                                                                                                           ganda campaign to promote the invasion and
                                      Broun (GA)         Davis (CA)         Franks (AZ)        Filner              Kaptur               Pascrell           occupation of Iraq. This secret program was
                                      Brown (SC)         Davis (IL)         Frelinghuysen      Fossella            Kennedy              Pearce             defended by the White House Press Secretary
                                      Brown, Corrine     Davis (KY)         Gallegly           Gilchrest           Latham               Regula             following its exposure. This program follows




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                    H5089
                                      the pattern of crimes detailed in Article I, II,        or propaganda purposes within the United               of his constitutional oath to faithfully exe-
                                      IV and VIII.. The mission of this program               States not heretofore authorized by the Con-           cute the office of President of the United
                                      placed it within the field controlled by the            gress.’’                                               States and, to the best of his ability, pre-
                                      White House Iraq Group (WHIG), a White                     A March 21, 2005, report by the Congres-            serve, protect, and defend the Constitution
                                      House task-force formed in August 2002 to               sional Research Service states that ‘‘pub-             of the United States, and in violation of his
                                      market an invasion of Iraq to the American              licity or propaganda’’ is defined by the U.S.          constitutional duty under Article II, Section
                                      people. The group included Karl Rove, I.                Government Accountability Office (GAO) to              3 of the Constitution ‘‘to take care that the
                                      Lewis Libby, Condoleezza Rice, Karen                    mean either (1) self-aggrandizement by pub-            laws be faithfully executed’’, has both per-
                                      Hughes, Mary Matalin, Stephen Hadley,                   lic officials, (2) purely partisan activity, or        sonally and acting through his agents and
                                      Nicholas E. Calio, and James R. Wilkinson.              (3) ‘‘covert propaganda.’’                             subordinates, together with the Vice Presi-
                                         The WHIG produced white papers detailing                These concerns about ‘‘covert propaganda’’          dent, executed a calculated and wide-ranging
                                      so-called intelligence of Iraq’s nuclear threat         were also the basis for the GAO’s standard             strategy to deceive the citizens and Congress
                                      that later proved to be false. This supposed            for determining when government-funded                 of the United States into believing that
                                      intelligence included the claim that Iraq had           video news releases are illegal:                       there was and is a connection between Iraq
                                                                                                 ‘‘The failure of an agency to identify itself       and Saddam Hussein on the one hand, and
                                      sought uranium from Niger as well as the
                                                                                              as the source of a prepackaged news story              the attacks of September 11, 2001 and al
                                      claim that the high strength aluminum
                                                                                              misleads the viewing public by encouraging             Qaeda, on the other hand, so as to falsely
                                      tubes Iraq purchased from China were to be
                                                                                              the viewing audience to believe that the               justify the use of the United States Armed
                                      used for the sole purpose of building cen-              broadcasting news organization developed
                                      trifuges to enrich uranium. Unlike the Na-                                                                     Forces against the nation of Iraq in a man-
                                                                                              the information. The prepackaged news sto-
                                      tional Intelligence Estimate of 2002, the                                                                      ner that is damaging to the national secu-
                                                                                              ries are purposefully designed to be indistin-
                                      WHIG’s white papers provided ‘‘gripping im-                                                                    rity interests of the United States, as well as
                                                                                              guishable from news segments broadcast to
                                      ages and stories’’ and used ‘‘literary license’’                                                               to fraudulently obtain and maintain congres-
                                                                                              the public. When the television viewing pub-
                                      with intelligence. The WHIG’s white papers                                                                     sional authorization and funding for the use
                                                                                              lic does not know that the stories they
                                      were written at the same time and by the                watched on television news programs about              of such military force against Iraq, thereby
                                      same people as speeches and talking points              the government were in fact prepared by the            interfering with and obstructing Congress’s
                                      prepared for President Bush and some of his             government, the stories are, in this sense, no         lawful functions of overseeing foreign affairs
                                      top officials.                                          longer purely factual—the essential fact of            and declaring war.
                                         The WHIG also organized a media blitz in             attribution is missing.’’                                The means used to implement this decep-
                                      which, between September 7–8, 2002, Presi-                 The White House’s own Office of Legal               tion were and continue to be, first, allowing,
                                      dent Bush and his top advisers appeared on              Council stated in a memorandum written in              authorizing and sanctioning the manipula-
                                      numerous interviews and all provided simi-              2005 following the controversy over the Arm-           tion of intelligence analysis by those under
                                      larly gripping images about the possibility of          strong Williams scandal:                               his direction and control, including the Vice
                                      nuclear attack by Iraq. The timing was no                  ‘‘Over the years, GAO has interpreted ‘pub-         President and the Vice President’s agents,
                                      coincidence, as Andrew Card explained in an             licity or propaganda’ restrictions to preclude         and second, personally making, or causing,
                                      interview regarding waiting until after                 use of appropriated funds for, among other             authorizing and allowing to be made through
                                      Labor Day to try to sell the American people            things, so-called ’covert propaganda.’ . . .           highly-placed subordinates, including the
                                      on military action against Iraq, ‘‘From a               Consistent with that view, the OLC deter-              President’s Chief of Staff, the White House
                                      marketing point of view, you don’t introduce            mined in 1988 that a statutory prohibition on          Press Secretary and other White House
                                      new products in August.’’                               using appropriated funds for ‘publicity or             spokespersons, the Secretaries of State and
                                         September 7–8, 2002:                                 propaganda’ precluded undisclosed agency               Defense, the National Security Advisor, and
                                         NBC’s ‘‘Meet the Press: Vice President               funding of advocacy by third-party groups.             their deputies and spokespersons, false and
                                      Cheney accused Saddam of moving aggres-                 We stated that ‘covert attempts to mold                fraudulent representations to the citizens of
                                      sively to develop nuclear weapons over the              opinion through the undisclosed use of third           the United States and Congress regarding an
                                      past 14 months to add to his stockpile of               parties’ would run afoul of restrictions on            alleged connection between Saddam Hussein
                                      chemical and biological arms.                           using appropriated funds for ‘propaganda.’’’           and Iraq, on the one hand, and the Sep-
                                         CNN: Then-National Security Adviser Rice                Asked about the Pentagon’s propaganda               tember 11th attacks and al Qaeda, on the
                                      said, regarding the likelihood of Iraq obtain-          program at White House press briefing in               other hand, that were half-true, literally
                                      ing a nuclear weapon, ‘‘We don’t want the               April 2008, White House Press Secretary                true but misleading, and/or made without a
                                      smoking gun to be a mushroom cloud.’’                   Dana Perino defended it, not by arguing that           reasonable basis and with reckless indiffer-
                                         CBS: President Bush declared that Saddam             it was legal but by suggesting that it                 ence to their truth, as well as omitting to
                                      was ‘‘six months away from developing a                 ‘‘should’’ be: ‘‘Look, I didn’t know look, I           state facts necessary to present an accurate
                                      weapon,’’ and cited satellite photos of con-            think that you guys should take a step back            picture of the truth as follows:
                                      struction in Iraq where weapons inspectors              and look at this look, DOD has made a deci-              (A) On or about September 12, 2001, former
                                      once visited as evidence that Saddam was                sion, they’ve decided to stop this program.            terrorism advisor Richard Clarke personally
                                      trying to develop nuclear arms.                         But I would say that one of the things that            informed the President that neither Saddam
                                         The Pentagon military analyst propaganda             we try to do in the administration is get in-          Hussein nor Iraq was responsible for the Sep-
                                      program was revealed in an April 20, 2002,              formation out to a variety of people so that           tember 11th attacks. On September 18,
                                      New York Times article. The program ille-               everybody else can call them and ask their             Clarke submitted to the President’s National
                                      gally involved ‘‘covert attempts to mold                opinion about something. And I don’t think             Security Adviser Condoleezza Rice a memo
                                      opinion through the undisclosed use of third            that that should be against the law. And I             he had written in response to George W.
                                      parties.’’ Secretary of Defense Donald Rums-            think that it’s absolutely appropriate to pro-         Bush’s specific request that stated: (1) the
                                      feld recruited 75 retired military officers and         vide information to people who are seeking             case for linking Hussein to the September
                                      gave them talking points to deliver on Fox,             it and are going to be providing their opin-           11th attacks was weak; (2) only anecdotal
                                      CNN, ABC, NBC, CBS, and MSNBC, and ac-                  ions on it. It doesn’t necessarily mean that           evidence linked Hussein to al Qaeda; (3)
                                      cording to the New York Times report,                   all of those military analysts ever agreed             Osama Bin Laden resented the secularism of
                                      which has not been disputed by the Pentagon             with the administration. I think you can go            Saddam Hussein; and (4) there was no con-
                                      or the White House, ‘‘Participants were in-             back and look and think that a lot of their            firmed reporting of Saddam Hussein cooper-
                                      structed not to quote their briefers directly           analysis was pretty tough on the administra-           ating with Bin Laden on unconventional
                                      or otherwise describe their contacts with the           tion. That doesn’t mean that we shouldn’t              weapons.
                                      Pentagon.’’                                             talk to people.’’                                        (B) Ten days after the September 11th at-
                                         According to the Pentagon’s own internal                In all of these actions and decisions, Presi-       tacks the President received a President’s
                                      documents, the military analysts were con-              dent George W. Bush has acted in a manner              Daily Briefing which indicated that the U.S.
                                      sidered ‘‘message force multipliers’’ or ‘‘sur-         contrary to his trust as President and Com-            intelligence community had no evidence
                                      rogates’’ who would deliver administration              mander in Chief, and subversive of constitu-           linking Saddam Hussein to the September
                                      ‘‘themes and messages’’ to millions of Amer-            tional government, to the prejudice of the             11th attacks and that there was ‘‘scant cred-
                                      icans ‘‘in the form of their own opinions.’’ In         cause of law and justice and to the manifest           ible evidence that Iraq had any significant
                                      fact, they did deliver the themes and the               injury of the people of the United States.
                                                                                                                                                     collaborative ties with Al Qaeda.’’
                                      messages but did not reveal that the Pen-               Wherefore, President George W. Bush, by                  (C) In Defense Intelligence Terrorism Sum-
                                      tagon had provided them with their talking              such conduct, is guilty of an impeachable of-          mary No. 044–02, issued in February 2002, the
                                      points. Robert S. Bevelacqua, a retired Green           fense warranting removal from office.                  United States Defense Intelligence Agency
                                      Beret and Fox News military analyst de-                 ARTICLE II.—FALSELY, SYSTEMATICALLY, AND               cast significant doubt on the possibility of a
                                      scribed this as follows: ‘‘It was them saying,             WITH CRIMINAL INTENT CONFLATING THE AT-             Saddam      Hussein-Al    Qaeda    conspiracy:
                                      ‘We need to stick our hands up your back                   TACKS OF SEPTEMBER 11, 2001 WITH MISREPRE-          ‘‘Saddam’s regime is intensely secular and is
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                                      and move your mouth for you.’’’                            SENTATION OF IRAQ AS AN IMMINENT SECU-              wary of Islamic revolutionary movements.
                                         Congress has restricted annual appropria-               RITY THREAT AS PART OF A FRAUDULENT JUS-            Moreover, Baghdad is unlikely to provide as-
                                      tions bills since 1951 with this language: ‘‘No            TIFICATION FOR A WAR OF AGGRESSION.                 sistance to a group it cannot control.’’
                                      part of any appropriation contained in this                In his conduct while President of the                 (D) The October 2002 National Intelligence
                                      or any other Act shall be used for publicity            United States, George W. Bush, in violation            Estimate gave a ‘‘Low Confidence’’ rating to




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                                      H5090                                              CONGRESSIONAL RECORD — HOUSE                                                             June 9, 2008
                                      the notion of whether ‘‘in desperation Sad-             stroy this nation’s resolve, and force our re-         intelligence officer in Prague in 2001 as the
                                      dam would share chemical or biological                  treat from the world. They have failed.’’ May          Vice President repeatedly claimed.’’
                                      weapons with Al Qaeda.’’ The CIA never in-              1, 2003, Speech of President Bush on U.S.S.              Through his participation and instance in
                                      formed the President that there was an oper-            Abraham Lincoln.                                       the breathtaking scope of this deception, the
                                      ational relationship between Al Qaeda and                 (4) ‘‘Now we’re in a new and unprecedented           President has used the highest office of trust
                                      Saddam Hussein; on the contrary, its most               war against violent Islamic extremists. This           to wage of campaign of deception of such so-
                                      ‘‘aggressive’’ analysis contained in Iraq and           is an ideological conflict we face against             phistication as to deliberately subvert the
                                      al-Qaeda-Interpreting a ‘‘Murky Relation-               murderers and killers who try to impose                national security interests of the United
                                      ship’’ dated June 21, 2002 was that Iraq had            their will. These are the people that at-              States. His dishonesty set the stage for the
                                      had ‘‘sporadic, wary contacts with al Qaeda             tacked us on September the 11th and killed             loss of more than 4000 United States service
                                      since the mid-1990s rather than a relation-             nearly 3,000 people. The stakes are high, and          members; injuries to tens of thousands of
                                      ship with al Qaeda that has developed over              once again, we have had to change our stra-            soldiers, the loss of more than 1,000,000 inno-
                                      time.’’                                                 tegic thinking. The major battleground in              cent Iraqi citizens since the United States
                                         (E) Notwithstanding his knowledge that               this war is Iraq.’’ June 28, 2007, Speech of           invasion; the loss of approximately $527 bil-
                                      neither Saddam Hussein nor Iraq was in any              President Bush at the Naval War College in             lion in war costs which has increased our
                                      way connected to the September 11th at-                 Newport, Rhode Island.                                 Federal debt and the ultimate expenditure of
                                      tacks, the President allowed and authorized               (G) Notwithstanding his knowledge that               three to five trillion dollars for all costs cov-
                                      those acting under his direction and control,           there was no credible evidence of a working            ering the war; the loss of military readiness
                                      including Vice President Richard B. Cheney              relationship between Saddam Hussein and Al             within the United States Armed Services due
                                      and Lewis Libby, who reported directly to               Qaeda and that the intelligence community              to overextension, the lack of training and
                                      both the President and the Vice President,              had specifically assessed that there was no            lack of equipment; the loss of United States
                                      and Secretary of Defense Donald Rumsfeld,               such operational relationship, the President,          credibility in world affairs; and the decades
                                      among others, to pressure intelligence ana-             both personally and through his subordi-               of likely blowback created by the invasion of
                                      lysts to alter their assessments and to create          nates and agents, has repeatedly falsely rep-          Iraq.
                                      special units outside of, and unknown to, the           resented, both explicitly and implicitly, and            In all of these actions and decisions, Presi-
                                      intelligence community in order to secretly             through the misleading use of selectively-             dent George W. Bush has acted in a manner
                                      obtain unreliable information, to manufac-              chosen facts, to the citizens of the United            contrary to his trust as President and Com-
                                      ture intelligence or reinterpret raw data in            States and to the Congress that there was              mander in Chief, and subversive of constitu-
                                      ways that would further the Bush adminis-               and is such an ongoing operational relation-           tional government, to the prejudice of the
                                      tration’s goal of fraudulently establishing a           ship, to wit:                                          cause of law and justice and to the manifest
                                      relationship not only between Iraq and al                 (1) ‘‘We know that Iraq and al Qaeda have            injury of the people of the United States.
                                      Qaeda, but between Iraq and the attacks of              had high-level contacts that go back a dec-            Wherefore, President George W. Bush, by
                                      September 11th.                                         ade. Some al Qaeda leaders who fled Afghani-           such conduct, is guilty of an impeachable of-
                                         (F) Further, despite his full awareness that         stan went to Iraq. These include one very              fense warranting removal from office.
                                      Iraq and Saddam Hussein had no relationship             senior al Qaeda leader who received medical            ARTICLE III.—MISLEADING THE AMERICAN PEO-
                                      to the September 11th attacks, the Presi-               treatment in Baghdad this year, and who has              PLE AND MEMBERS OF CONGRESS TO BELIEVE
                                      dent, and those acting under his direction              been associated with planning for chemical               IRAQ POSSESSED WEAPONS OF MASS DESTRUC-
                                      and control have, since at least 2002 and con-          and biological attacks. We’ve learned that               TION, SO AS TO MANUFACTURE A FALSE CASE
                                      tinuing to the present, repeatedly issued               Iraq has trained al Qaeda members in bomb-               FOR WAR
                                      public statements deliberately worded to                making and poisons and deadly gases.’’ Sep-
                                      mislead, words calculated in their implica-                                                                      In his conduct while President of the
                                                                                              tember 28, 2002, Weekly Radio Address of
                                      tion to bring unrelated actors and cir-                                                                        United States, George W. Bush, in violation
                                                                                              President Bush to the Nation.
                                      cumstances into an artificially contrived re-             (2) ‘‘[W]e we need to think about Saddam             of his constitutional oath to faithfully exe-
                                      ality thereby facilitating the systematic de-           Hussein using al Qaeda to do his dirty work,           cute the office of President of the United
                                      ception of Congress and the American peo-               to not leave fingerprints behind.’’ October 14,        States and, to the best of his ability, pre-
                                      ple. Thus the public and some members of                2002, Remarks by President Bush in Michi-              serve, protect, and defend the Constitution
                                      Congress, came to believe, falsely, that there          gan.                                                   of the United States, and in violation of his
                                      was a connection between Iraq and the at-                 (3) ‘‘We know he’s got ties with al Qaeda.’’         constitutional duty under Article II, Section
                                      tacks of 9/11. This was accomplished through            November 1, 2002, Speech of President Bush             3 of the Constitution ‘‘to take care that the
                                      well-publicized statements by the Bush Ad-              in New Hampshire.                                      laws be faithfully executed’’, has both per-
                                      ministration which contrived to continually               (4) ‘‘Evidence from intelligence sources, se-        sonally and acting through his agents and
                                      tie Iraq and 9/11 in the same statements of             cret communications, and statements by                 subordinates, together with the Vice Presi-
                                      grave concern without making an explicit                people now in custody reveal that Saddam               dent, executed instead a calculated and wide-
                                      charge:                                                 Hussein aids and protects terrorists, includ-          ranging strategy to deceive the citizens and
                                         (1) ‘‘ [If] Iraq regimes [sic] continues to          ing members of al Qaeda. Secretly, and with-           Congress of the United States into believing
                                      defy us, and the world, we will move delib-             out fingerprints, he could provide one of his          that the nation of Iraq possessed weapons of
                                      erately, yet decisively, to hold Iraq to ac-            hidden weapons to terrorists, or help them             mass destruction in order to justify the use
                                      count . . . It’s a new world we’re in. We used          develop their own.’’ January 28, 2003, Presi-          of the United States Armed Forces against
                                      to think two oceans could separate us from              dent Bush’s State of the Union Address.                the nation of Iraq in a manner damaging to
                                      an enemy. On that tragic day, September the               (5) ‘‘[W]hat I want to bring to your atten-          our national security interests, thereby
                                      11th, 2001, we found out that’s not the case.           tion today is the potentially much more sin-           interfering with and obstructing Congress’s
                                      We found out this great land of liberty and of          ister nexus between Iraq and the al Qaeda              lawful functions of overseeing foreign affairs
                                      freedom and of justice is vulnerable. And               terrorist network, a nexus that combines               and declaring war.
                                      therefore we must do everything we can—ev-              classic terrorist organizations and modern               The means used to implement this decep-
                                      erything we can—to secure the homeland, to              methods of murder. Iraq today harbors a                tion were and continue to be personally
                                      make us safe.’’ Speech of President Bush in             deadly terrorist network. . .’’ February 5,            making, or causing, authorizing and allow-
                                      Iowa on September 16, 2002.                             2003, Speech of Former Secretary of State              ing to be made through highly-placed subor-
                                         (2) ‘‘With every step the Iraqi regime takes         Colin Powell to the United Nations.                    dinates, including the President’s Chief of
                                      toward gaining and deploying the most ter-                (6) ‘‘The battle of Iraq is one victory in a         Staff, the White House Press Secretary and
                                      rible weapons, our own options to confront              war on terror that began on September the              other White House spokespersons, the Secre-
                                      that regime will narrow. And if an                      11, 2001—and still goes on. . . . [T]he libera-        taries of State and Defense, the National Se-
                                      emboldened regime were to supply these                  tion of Iraq . . . removed an ally of al               curity Advisor, and their deputies and
                                      weapons to terrorist allies, then the attacks           Qaeda.’’ May 1, 2003, Speech of President              spokespersons, false and fraudulent represen-
                                      of September 11th would be a prelude to far             Bush on U.S.S. Abraham Lincoln.                        tations to the citizens of the United States
                                      greater horrors.’’ March 6, 2003, Statement of            (H) The Senate Select Committee on Intel-            and Congress regarding Iraq’s alleged posses-
                                      President Bush in National Press Con-                   ligence Report on Whether Public State-                sion of biological, chemical and nuclear
                                      ference.                                                ments Regarding Iraq By U.S. Government                weapons that were half-true, literally true
                                         (3) ‘‘The battle of Iraq is one victory in a         Officials Were Substantiated By Intelligence           but misleading, and/or made without a rea-
                                      war on terror that began on September the               Information, which was released on June 5,             sonable basis and with reckless indifference
                                      11, 2001—and still goes on. That terrible               2008, concluded that:                                  to their truth, as well as omitting to state
                                      morning, 19 evil men—the shock troops of a                (1) ‘‘Statements and implications by the             facts necessary to present an accurate pic-
                                      hateful ideology—gave America and the civ-              President and Secretary of State suggesting            ture of the truth as follows:
                                      ilized world a glimpse of their ambitions.              that Iraq and al-Qaeda had a partnership, or             (A) Long before the March 19, 2003 invasion
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                                      They imagined, in the words of one terrorist,           that Iraq had provided al-Qaeda with weap-             of Iraq, a wealth of intelligence informed the
                                      that September the 11th would be the ‘begin-            ons training, were not substantiated by the            President and those under his direction and
                                      ning of the end of America.’ By seeking to              intelligence.’’                                        control that Iraq’s stockpiles of chemical
                                      turn our cities into killing fields, terrorists           (2) ‘‘The Intelligence Community did not             and biological weapons had been destroyed
                                      and their allies believed that they could de-           confirm that Muhammad Atta met an Iraqi                well before 1998 and that there was little, if




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                    H5091
                                      any, credible intelligence that showed other-           by the Iraqis, the President, and those under          the loss of more than 1,000,000 innocent Iraqi
                                      wise. As reported in the Washington Post in             his direction and control, persisted in mak-           citizens since the United States invasion; the
                                      March of 2003, in 1995, Saddam Hussein’s son-           ing numerous false and fraudulent represen-            loss of approximately $500 billion in war
                                      in-law Hussein Kamel had informed U.S. and              tations implying and stating explicitly that           costs which has increased our Federal debt
                                      British intelligence officers that ‘‘all weap-          the Iraqis were purchasing the tubes for use           with a long term financial cost of between
                                      ons—biological, chemical, missile, nuclear              in a nuclear weapons program, to wit:                  three and five trillion dollars; the loss of
                                      were destroyed.’’ In September 2002, the De-              (1) ‘‘We do know that there have been ship-          military readiness within the United States
                                      fense Intelligence Agency issued a report               ments going . . . into Iraq . . . of aluminum          Armed Services due to overextension, the
                                      that concluded: ‘‘A substantial amount of               tubes that really are only suited to—high-             lack of training and lack of equipment; the
                                      Iraq’s chemical warfare agents, precursors,             quality aluminum tools [sic] that are only             loss of United States credibility in world af-
                                      munitions and production equipment were                 really suited for nuclear weapons programs,            fairs; and the decades of likely blowback cre-
                                      destroyed between 1991 and 1998 as a result of          centrifuge programs.’’ Statement of then Na-           ated by the invasion of Iraq.
                                      Operation Desert Storm and UNSCOM ac-                   tional Security Advisor Condoleezza Rice on              In all of these actions and decisions, Presi-
                                      tions . . . [T]here is no reliable information          CNN’s Late Edition with Wolf Blitzer, Sep-             dent George W. Bush has acted in a manner
                                      on whether Iraq is producing and stockpiling            tember 8, 2002.                                        contrary to his trust as President and Com-
                                      chemical weapons or whether Iraq has-or                   (2) ‘‘Our intelligence sources tell us that he       mander in Chief, and subversive of constitu-
                                      will-establish its chemical warfare agent               has attempted to purchase high-strength                tional government, to the prejudice of the
                                      production facilities.’’ Notwithstanding the            aluminum tubes suitable for nuclear weap-              cause of law and justice and to the manifest
                                      absence of evidence proving that such stock-            ons production.’’ President Bush’s State of            injury of the people of the United States.
                                      piles existed and in direct contradiction to            the Union Address, January 28, 2003.                   Wherefore, President George W. Bush, by
                                      substantial evidence that showed they did                 (3) ‘‘[H]e has made repeated covert at-              such conduct, is guilty of an impeachable of-
                                      not exist, the President and his subordinates           tempts to acquire high-specification alu-              fense warranting removal from office.
                                      and agents made numerous false representa-              minum tubes from 11 different countries,
                                                                                              even after inspections resumed. . . . By now,          ARTICLE IV.—MISLEADING THE AMERICAN PEO-
                                      tions claiming with certainty that Iraq pos-
                                                                                              just about everyone has heard of these tubes             PLE AND MEMBERS OF CONGRESS TO BELIEVE
                                      sessed chemical and biological weapons that
                                                                                              and we all know that there are differences of            IRAQ POSED AN IMMINENT THREAT TO THE
                                      it was developing to use to attack the United
                                                                                              opinion. There is controversy about what                 UNITED STATES
                                      States, to wit:
                                        (1) ‘‘[T]he notion of a Saddam Hussein with           these tubes are for. Most US experts think               In his conduct while President of the
                                      his great oil wealth, with his inventory that           they are intended to serve as rotors in cen-           United States, George W. Bush, in violation
                                      he already has of biological and chemical               trifuges used to enrich uranium.’’ Speech of           of his constitutional oath to faithfully exe-
                                      weapons . . . is, I think, a frightening propo-         Former Secretary of State Colin Powell to              cute the office of President of the United
                                      sition for anybody who thinks about it.’’               the United Nations, February 5, 2003.                  States and, to the best of his ability, pre-
                                      Statement of Vice President Cheney on                     (D) The President, both personally and act-          serve, protect, and defend the Constitution
                                      CBS’s Face the Nation, March 24, 2002.                  ing through those under his direction and              of the United States, and in violation of his
                                        (2) ‘‘In defiance of the United Nations, Iraq         control, suppressed material information, se-          constitutional duty under Article II, Section
                                      has stockpiled biological and chemical weap-            lectively declassified information for the im-         3 of the Constitution ‘‘to take care that the
                                      ons, and is rebuilding the facilities used to           proper purposes of retaliating against a               laws be faithfully executed’’, has both per-
                                      make more of those weapons.’’ Speech of                 whistleblower and presenting a misleading              sonally and acting through his agents and
                                      President Bush, October 5, 2002.                        picture of the alleged threat from Iraq, fa-           subordinates, together with the Vice Presi-
                                        (3) ‘‘All the world has now seen the footage          cilitated the exposure of the identity of a            dent, executed a calculated and wide-ranging
                                      of an Iraqi Mirage aircraft with a fuel tank            covert CIA operative and thereafter not only           strategy to deceive the citizens and Congress
                                      modified to spray biological agents over wide           failed to investigate the improper leaks of            of the United States into believing that the
                                      areas. Iraq has developed spray devices that            classified information from within his ad-             nation of Iraq posed an imminent threat to
                                      could be used on unmanned aerial vehicles               ministration, but also failed to cooperate             the United States in order to justify the use
                                      with ranges far beyond what is permitted by             with an investigation into possible federal            of the United States Armed Forces against
                                      the Security Council. A UAV launched from               violations resulting from this activity and,           the nation of Iraq in a manner damaging to
                                      a vessel off the American coast could reach             finally, entirely undermined the prosecution           our national security interests, thereby
                                      hundreds of miles inland.’’ Statement by                by commuting the sentence of Lewis Libby               interfering with and obstructing Congress’s
                                      President Bush from the White House, Feb-               citing false and insubstantial grounds, all in         lawful functions of overseeing foreign affairs
                                      ruary 6, 2003.                                          an effort to prevent Congress and the citi-            and declaring war.
                                        (B) Despite overwhelming intelligence in              zens of the United States from discovering
                                                                                                                                                       The means used to implement this decep-
                                      the form of statements and reports filed by             the fraudulent nature of the President’s
                                                                                                                                                     tion were and continue to be, first, allowing,
                                      and on behalf of the CIA, the State Depart-             claimed justifications for the invasion of
                                                                                                                                                     authorizing and sanctioning the manipula-
                                      ment and the IAEA, among others, which in-              Iraq.
                                                                                                                                                     tion of intelligence analysis by those under
                                      dicated that the claim was untrue, the Presi-             (E) The Senate Select Committee on Intel-
                                                                                                                                                     his direction and control, including the Vice
                                      dent, and those under his direction and con-            ligence Report on Whether Public State-
                                                                                                                                                     President and the Vice President’s agents,
                                      trol, made numerous representations claim-              ments Regarding Iraq By U.S. Government
                                                                                                                                                     and second, personally making, or causing,
                                      ing and implying through misleading lan-                Officials Were Substantiated By Intelligence
                                                                                                                                                     authorizing and allowing to be made through
                                      guage that Iraq was attempting to purchase              Information, which was released on June 5,
                                                                                                                                                     highly-placed subordinates, including the
                                      uranium from Niger in order to falsely but-             2008, concluded that:
                                                                                                (1) ‘‘Statements by the President and Vice           President’s Chief of Staff, the White House
                                      tress its argument that Iraq was reconsti-
                                                                                              President prior to the October 2002 National           Press Secretary and other White House
                                      tuting its nuclear weapons program, includ-
                                                                                              Intelligence Estimate regarding Iraq’s chem-           spokespersons, the Secretaries of State and
                                      ing:
                                        (1) ‘‘The regime has the scientists and fa-           ical weapons production capability and ac-             Defense, the National Security Advisor, and
                                      cilities to build nuclear weapons, and is               tivities did not reflect the intelligence com-         their deputies and spokespersons, false and
                                      seeking the materials needed to do so.’’                munity’s uncertainties as to whether such              fraudulent representations to the citizens of
                                      Statement of President Bush from White                  production was ongoing.’’                              the United States and Congress regarding an
                                      House, October 2, 2002.                                   (2) ‘‘The Secretary of Defense’s statement           alleged urgent threat posed by Iraq, state-
                                        (2) ‘‘The [Iraqi] report also failed to deal          that the Iraqi government operated under-              ments that were half-true, literally true but
                                      with issues which have arisen since 1998, in-           ground WMD facilities that were not vulner-            misleading, and/or made without a reason-
                                      cluding: . . . attempts to acquire uranium              able to conventional airstrikes because they           able basis and with reckless indifference to
                                      and the means to enrich it.’’ Letter from               were underground and deeply buried was not             their truth, as well as omitting to state facts
                                      President Bush to Vice President Cheney and             substantiated by available intelligence infor-         necessary to present an accurate picture of
                                      the Senate, January 20, 2003.                           mation.’’                                              the truth as follows:
                                        (3) ‘‘The British Government has learned                (3) Chairman of the Senate Intelligence                (A) Notwithstanding the complete absence
                                      that Saddam Hussein recently sought signifi-            Committee Jay Rockefeller concluded: ‘‘In              of intelligence analysis to support a claim
                                      cant quantities of uranium from Africa.’’               making the case for war, the Administration            that Iraq posed an imminent or urgent
                                      President Bush Delivers State of the Union              repeatedly presented intelligence as fact              threat to the United States and the intel-
                                      Address, January 28, 2003.                              when in reality it was unsubstantiated, con-           ligence community’s assessment that Iraq
                                        (C) Despite overwhelming evidence in the              tradicted, or even non-existent. As a result,          was in fact not likely to attack the United
                                      form of reports by nuclear weapons experts              the American people were led to believe that           States unless it was itself attacked, Presi-
                                      from the Energy, the Defense and State De-              the threat from Iraq was much greater than             dent Bush, both personally and through his
                                      partments, as well from outside and inter-              actually existed.’’                                    agents and subordinates, made, allowed and
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                                      national agencies which assessed that alu-                The President has subverted the national             caused to be made repeated false representa-
                                      minum tubes the Iraqis were purchasing                  security interests of the United States by             tions to the citizens and Congress of the
                                      were not suitable for nuclear centrifuge use            setting the stage for the loss of more than            United States implying and explicitly stat-
                                      and were, on the contrary, identical to ones            4000 United States service members and the             ing that such a dire threat existed, including
                                      used in rockets already being manufactured              injury to tens of thousands of US soldiers;            the following:




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                                      H5092                                              CONGRESSIONAL RECORD — HOUSE                                                           June 9, 2008
                                        (1) ‘‘States such as these [Iraq, Iran and            liable information, to manufacture intel-                ARTICLE VI.—INVADING IRAQ IN VIOLATION OF
                                      North Korea] and their terrorist allies con-            ligence, or to reinterpret raw data in ways                  THE REQUIREMENTS OF H.J. RES. 114.
                                      stitute an axis of evil, arming to threaten             that would support the Bush administra-                  In his conduct while President of the
                                      the peace of the world. By seeking weapons              tion’s plan to invade Iraq based on a false            United States, George W. Bush, in violation
                                      of mass destruction, these regimes pose a               claim of urgency despite the lack of jus-              of his constitutional oath to faithfully exe-
                                      grave and growing danger. They could pro-               tification for such a preemptive action.               cute the office of President of the United
                                      vide these arms to terrorists, giving them                (C) The Senate Select Committee on Intel-            States and, to the best of his ability, pre-
                                      the means to match their hatred. They could             ligence Report on Whether Public State-                serve, protect, and defend the Constitution
                                      attack our allies or attempt to blackmail               ments Regarding Iraq By U.S. Government                of the United States, and in violation of his
                                      the United States. In any of these cases, the           Officials Were Substantiated By Intelligence           constitutional duty under Article II, Section
                                      price of indifference would be catastrophic.’’          Information, which was released on June 5,             3 of the Constitution ‘‘to take care that the
                                      President Bush’s State of the Union Address,            2008, concluded that:                                  laws be faithfully executed’’, exceeded his
                                      January 29, 2002.                                         (1) ‘‘Statements by the President and the
                                                                                                                                                     Constitutional authority to wage war by in-
                                        (2) ‘‘Simply stated, there is no doubt that           Vice President indicating that Saddam Hus-
                                                                                                                                                     vading Iraq in 2003 without meeting the re-
                                      Saddam Hussein has weapons of mass de-                  sein was prepared to give weapons of mass
                                                                                                                                                     quirements of H.J. Res. 114, the ‘‘Authoriza-
                                      struction. He is amassing them to use                   destruction to terrorist groups for attacks
                                                                                                                                                     tion for Use of Military Force Against Iraq
                                      against our friends our enemies and against             against the United States were contradicted
                                                                                                                                                     Resolution of 2002’’ to wit:
                                      us.’’ Speech of Vice President Cheney at                by available intelligence information.’’
                                                                                                                                                       (1) H.J. Res. 114 contains several Whereas
                                      VFW 103rd National Convention, August 26,                 Thus the President willfully and falsely
                                                                                              misrepresented Iraq as an urgent threat re-            clauses consistent with statements being
                                      2002.                                                                                                          made by the White House at the time regard-
                                        (3) ‘‘The history, the logic, and the facts           quiring immediate action thereby subverting
                                                                                              the national security interests of the United          ing the threat from Iraq as evidenced by the
                                      lead to one conclusion: Saddam Hussein’s re-                                                                   following:
                                      gime is a grave and gathering danger. To                States by setting the stage for the loss of
                                                                                                                                                       (A) H.J. Res. 114 states ‘‘Whereas Iraq both
                                      suggest otherwise is to hope against the evi-           more than 4,000 United States service mem-
                                                                                                                                                     poses a continuing threat to the national se-
                                      dence. To assume this regime’s good faith is            bers; the injuries to tens of thousands of U.S.
                                                                                              soldiers; the deaths of more than 1,000,000            curity of the United States and international
                                      to bet the lives of millions and the peace of                                                                  peace and security in the Persian Gulf region
                                      the world in a reckless gamble. And this is a           Iraqi citizens since the United States inva-
                                                                                              sion; the loss of approximately $527 billion in        and remains in material and unacceptable
                                      risk we must not take.’’ Address of President                                                                  breach of its international obligations by,
                                      Bush to the United Nations General Assem-               war costs which has increased our Federal
                                                                                              debt and the ultimate costs of the war be-             among other things, continuing to possess
                                      bly, September 12, 2002.                                                                                       and develop a significant chemical and bio-
                                        (4) ‘‘[N]o terrorist state poses a greater or         tween three trillion and five trillion dollars;
                                                                                              the loss of military readiness within the              logical weapons capability, actively seeking
                                      more immediate threat to the security of our                                                                   a nuclear weapons capability, and supporting
                                      people than the regime of Saddam Hussein                United States Armed Services due to over-
                                                                                              extension, the lack of training and lack of            and harboring terrorist organizations;’’; and
                                      and Iraq.’’ Statement of Former Defense Sec-                                                                     (B) H.J. Res. 114 states ‘‘Whereas members
                                      retary Donald Rumsfeld to Congress, Sep-                equipment; the loss of United States credi-
                                                                                              bility in world affairs; and the decades of            of Al Qaeda, an organization bearing respon-
                                      tember 19, 2002.                                                                                               sibility for attacks on the United States, its
                                        (5) ‘‘On its present course, the Iraqi regime         likely blowback created by the invasion of
                                                                                              Iraq.                                                  citizens, and interests, including the attacks
                                      is a threat of unique urgency . . . it has de-                                                                 that occurred on September 11, 2001, are
                                      veloped weapons of mass death.’’ Statement                In all of these actions and decisions, Presi-
                                                                                              dent George W. Bush has acted in a manner              known to be in Iraq;’’.
                                      of President Bush at White House, October 2,                                                                     (2) H.J. Res. 114 states that the President
                                                                                              contrary to his trust as President and Com-
                                      2002.                                                                                                          must provide a determination, the truthful-
                                        (6) ‘‘But the President also believes that            mander in Chief, and subversive of constitu-
                                                                                              tional government, to the prejudice of the             ness of which is implied, that military force
                                      this problem has to be dealt with, and if the                                                                  is necessary in order to use the authoriza-
                                      United Nations won’t deal with it, then the             cause of law and justice and to the manifest
                                                                                              injury of the people of the United States.             tion, as evidenced by the following:
                                      United States, with other likeminded na-                                                                         (A) Section 3 of H.J. Res. 114 states:
                                      tions, may have to deal with it. We would               Wherefore, President George W. Bush, by
                                                                                                                                                       ‘‘(b) PRESIDENTIAL DETERMINATION.—
                                      prefer not to go that route, but the danger is          such conduct, is guilty of an impeachable of-
                                                                                                                                                     In connection with the exercise of the au-
                                      so great, with respect to Saddam Hussein                fense warranting removal from office.
                                                                                                                                                     thority granted in subsection (a) to use force
                                      having weapons of mass destruction, and per-            ARTICLE V.—ILLEGALLY MISSPENDING FUNDS TO
                                                                                                                                                     the President shall, prior to such exercise or
                                      haps even terrorists getting hold of such                    SECRETLY BEGIN A WAR OF AGGRESSION
                                                                                                                                                     as soon thereafter as may be feasible, but no
                                      weapons, that it is time for the international            In his conduct while President of the                later than 48 hours after exercising such au-
                                      community to act, and if it doesn’t act, the            United States, George W. Bush, in violation            thority, make available to the Speaker of
                                      President is prepared to act with likeminded            of his constitutional oath to faithfully exe-          the House of Representatives and the Presi-
                                      nations.’’ Statement of Former Secretary of             cute the office of President of the United             dent pro tempore of the Senate his deter-
                                      State Colin Powell in interview with Ellen              States and, to the best of his ability, pre-           mination that—
                                      Ratner of Talk Radio News, October 30, 2002.            serve, protect, and defend the Constitution              (1) reliance by the United States on further
                                        (7) ‘‘Today the world is also uniting to an-          of the United States, and in violation of his          diplomatic or other peaceful means alone ei-
                                      swer the unique and urgent threat posed by              constitutional duty under Article II, Section          ther (A) will not adequately protect the na-
                                      Iraq. A dictator who has used weapons of                3 of the Constitution ‘‘to take care that the          tional security of the United States against
                                      mass destruction on his own people must not             laws be faithfully executed’’, has both per-           the continuing threat posed by Iraq or (B) is
                                      be allowed to produce or possess those weap-            sonally and acting through his agents and              not likely to lead to enforcement of all rel-
                                      ons. We will not permit Saddam Hussein to               subordinates, together with the Vice Presi-            evant United Nations Security Council reso-
                                      blackmail and/or terrorize nations which                dent, illegally misspent funds to begin a war          lutions regarding Iraq; and
                                      love freedom.’’ Speech by President Bush to             in secret prior to any Congressional author-             (2) acting pursuant to this joint resolution
                                      Prague Atlantic Student Summit, November                ization.                                               is consistent with the United States and
                                      20, 2002.                                                 The president used over $2 billion in the            other countries continuing to take the nec-
                                        (8) ‘‘But the risk of doing nothing, the risk         summer of 2002 to prepare for the invasion of          essary actions against international ter-
                                      of the security of this country being jeopard-          Iraq. First reported in Bob Woodward’s book,           rorist and terrorist organizations, including
                                      ized at the hands of a madman with weapons              Plan of Attack, and later confirmed by the             those nations, organizations, or persons who
                                      of mass destruction far exceeds the risk of             Congressional Research Service, Bush took              planned, authorized, committed or aided the
                                      any action we may be forced to take.’’ Presi-           money appropriated by Congress for Afghani-            terrorist attacks that occurred on Sep-
                                      dent Bush Meets with National Economic                  stan and other programs and—with no Con-               tember 11, 2001.’’
                                      Council at White House, February 25, 2003.              gressional notification—used it to build air-            (3) On March 18, 2003, President George
                                        (B) In furtherance of his fraudulent effort           fields in Qatar and to make other prepara-             Bush sent a letter to Congress stating that
                                      to deceive Congress and the citizens of the             tions for the invasion of Iraq. This con-              he had made that determination as evi-
                                      United States into believing that Iraq and              stituted a violation of Article I, Section 9 of        denced by the following:
                                      Saddam Hussein posed an imminent threat                 the U.S. Constitution, as well as a violation            (A) March 18th, 2003 Letter to Congress
                                      to the United States, the President allowed             of the War Powers Act of 1973.                         stating:
                                      and authorized those acting under his direc-              In all of these actions and decisions, Presi-          Consistent with section 3(b) of the Author-
                                      tion and control, including Vice President              dent George W. Bush has acted in a manner              ization for Use of Military Force Against
                                      Richard B. Cheney, former Secretary of De-              contrary to his trust as President and Com-            Iraq Resolution of 2002 (Public Law 107–243),
                                      fense Donald Rumsfeld, and Lewis Libby,                 mander in Chief, and subversive of constitu-           and based on information available to me,
                                      who reported directly to both the President             tional government, to the prejudice of the             including that in the enclosed document, I
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                                      and the Vice President, among others, to                cause of law and justice and to the manifest           determine that:
                                      pressure intelligence analysts to tailor their          injury of the people of the United States.               (1) reliance by the United States on further
                                      assessments and to create special units out-            Wherefore, President George W. Bush, by                diplomatic and other peaceful means alone
                                      side of, and unknown to, the intelligence               such conduct, is guilty of an impeachable of-          will neither (A) adequately protect the na-
                                      community in order to secretly obtain unre-             fense warranting removal from office.                  tional security of the United States against




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                                      June 9, 2008                                        CONGRESSIONAL RECORD — HOUSE                                                                     H5093
                                      the continuing threat posed by Iraq nor (B)              decide whether or not to send the nation into              (3) There was no armed attack upon the
                                      likely lead to enforcement of all relevant               war. ‘‘The Congress,’’ the War Powers Clause            United States by Iraq.
                                      United Nations Security Council resolutions              states, ‘‘shall have power . . . To declare war            (4) The Security Council did not vote to ap-
                                      regarding Iraq; and                                      . . .’’                                                 prove the use of force against Iraq as evi-
                                         (2) acting pursuant to the Constitution and              The October 2002 congressional resolution            denced by:
                                      Public Law 107–243 is consistent with the                on Iraq did not constitute a declaration of                (A) A United Nation Press release which
                                      United States and other countries con-                   war or equivalent action. The resolution                states that the United States had failed to
                                      tinuing to take the necessary actions                    stated: ‘‘The President is authorized to use            convince the Security Council to approve the
                                      against international terrorists and terrorist           the Armed Forces of the United States as he             use of military force against Iraq. [UN]
                                      organizations, including those nations, orga-            deems necessary and appropriate in order to
                                                                                                                                                          (5) President Bush directed the United
                                      nizations, or persons who planned, author-               1) defend the national security of the United
                                                                                                                                                       States military to invade Iraq on March
                                      ized, committed, or aided the terrorist at-              States against the continuing threat posed
                                                                                                                                                       19th, 2003 in violation of the UN Charter and,
                                      tacks that occurred on September 11, 2001.               by Iraq; and 2) enforce all relevant United
                                                                                                                                                       therefore, in violation of United States Law
                                         (4) President George Bush knew that these             Nations Security Council resolutions regard-
                                                                                                                                                       as evidenced by the following:
                                      statements were false as evidenced by:                   ing Iraq.’’ The resolution unlawfully sought
                                                                                               to delegate to the President the decision of               (A) A letter from President Bush to Con-
                                        (A) INFORMATION PROVIDED WITH ARTICLE I,                                                                       gress dated March 21st, 2003 stating ‘‘I di-
                                                       II, III, IV AND V.                      whether or not to initiate a war against Iraq,
                                                                                               based on whether he deemed it ‘‘necessary               rected U.S. Armed Forces, operating with
                                         (B) A statement by President George Bush                                                                      other coalition forces, to commence combat
                                      in an interview with Tony Blair on January               and appropriate.’’ The Constitution does not
                                                                                               allow Congress to delegate this exclusive               operations on March 19, 2003, against Iraq.’’
                                      31st 2003: [WH]                                                                                                  [WH]
                                         Reporter: ‘‘One question for you both. Do             power to the President, nor does it allow the
                                                                                               President to seize this power.                             (B) On September 16, 2004 Kofi Annan, the
                                      you believe that there is a link between Sad-                                                                    Secretary General of the United Nations,
                                                                                                  In March 2003, the President launched a
                                      dam Hussein, a direct link, and the men who                                                                      speaking on the invasion, said, ‘‘I have indi-
                                                                                               war against Iraq without any constitutional
                                      attacked on September the 11th?’’                                                                                cated it was not in conformity with the UN
                                         President Bush: ‘‘I can’t make that claim’’           authority.
                                                                                                  In all of these actions and decisions, Presi-        charter. From our point of view, from the
                                         (C) An article on February 19th by Ter-                                                                       charter point of view, it was illegal.’’ [BBC]
                                                                                               dent George W. Bush has acted in a manner
                                      rorism expert Rohan Gunaratna states ‘‘I
                                                                                               contrary to his trust as President and Com-                (C) The consequence of the instant and di-
                                      could find no evidence of links between Iraq
                                                                                               mander in Chief, and subversive of constitu-            rection of President George W. Bush, in or-
                                      and Al Qaeda. The documentation and inter-
                                                                                               tional government, to the prejudice of the              dering an attack upon Iraq, a sovereign na-
                                      views indicated that Al Qaeda regarded Sad-
                                                                                               cause of law and justice and to the manifest            tion is in direct violation of United States
                                      dam, a secular leader, as an infidel.’’
                                                                                               injury of the people of the United States.              Code, Title 18, Part 1, Chapter 118, Section
                                      [InternationalHeraldTribune]
                                                                                               Wherefore, President George W. Bush, by                 2441, governing the offense of war crimes.
                                         (D) According to a February 2nd, 2003 arti-
                                                                                               such conduct, is guilty of an impeachable of-              (6) In the course of invading and occupying
                                      cle in the New York Times: [NYT]
                                         At the Federal Bureau of Investigation,               fense warranting removal from office.                   Iraq, the President, as Commander in Chief,
                                      some investigators said they were baffled by             ARTICLE VIII.—INVADING IRAQ, A SOVEREIGN                has taken responsibility for the targeting of
                                      the Bush administration’s insistence on a                   NATION, IN VIOLATION OF THE UN CHARTER               civilians, journalists, hospitals, and ambu-
                                      solid link between Iraq and Osama bin                         AND INTERNATIONAL CRIMINAL LAW                     lances, use of antipersonnel weapons includ-
                                      Laden’s network. ‘‘We’ve been looking at                   In his conduct while President of the                 ing cluster bombs in densely settled urban
                                      this hard for more than a year and you know              United States, George W. Bush, in violation             areas, the use of white phosphorous as a
                                      what, we just don’t think it’s there,’’ a gov-           of his constitutional oath to faithfully exe-           weapon, depleted uranium weapons, and the
                                      ernment official said.                                   cute the office of President of the United              use of a new version of napalm found in
                                         (5) Section 3C of HJRes 114 states that               States and, to the best of his ability, pre-            Mark 77 firebombs. Under the direction of
                                      ‘‘Nothing in this joint resolution supersedes            serve, protect, and defend the Constitution             President George Bush the United States has
                                      any requirement of the War Powers Resolu-                of the United States, and in violation of his           engaged in collective punishment of Iraqi ci-
                                      tion.’’                                                  constitutional duty under Article II, Section           vilian populations, including but not limited
                                         (6) The War Powers Resolution Section                 3 of the Constitution ‘‘to take care that the           to blocking roads, cutting electricity and
                                      9(d)(1) states:                                          laws be faithfully executed’’, violated United          water, destroying fuel stations, planting
                                         (d) Nothing in this joint resolution—                 States law by invading the sovereign coun-              bombs in farm fields, demolishing houses,
                                         (1) is intended to alter the constitutional           try of Iraq in violation of the United Nations          and plowing over orchards.
                                      authority of the Congress or of the Presi-               Charter to wit:                                            (A) Under the principle of ‘‘command re-
                                      dent, or the provision of existing treaties; or            (1) International Laws ratified by Congress           sponsibility’’, i.e., that a de jure command
                                         (7) The United Nations Charter was an ex-             are part of United States Law and must be               can be civilian as well as military, and can
                                      isting treaty and, as shown in Article VIII,             followed as evidenced by the following:                 apply to the policy command of heads of
                                      the invasion of Iraq violated that treaty.                 (A) Article VI of the United States Con-              state, said command brings President George
                                         (8) President George Bush knowingly failed            stitution, which states ‘‘This Constitution,            Bush within the reach of international
                                      to meet the requirements of HJRes 114 and                and the Laws of the United States which                 criminal law under the Additional Protocol I
                                      violated the requirement of the War Powers               shall be made in Pursuance thereof; and all             of June 8, 1977 to the Geneva Conventions of
                                      Resolution and, thereby, invaded Iraq with-              Treaties made, or which shall be made, under            August 12, 1949, and Relating to the Protec-
                                      out the authority of Congress.                           the Authority of the United States, shall be            tion of Victims of International Armed Con-
                                         In all of these actions and decisions, Presi-         the supreme Law of the Land;’’                          flicts, Article 86(2). The United States is a
                                      dent George W. Bush has acted in a manner                  (2) The UN Charter, which entered into                state signatory to Additional Protocol I, on
                                      contrary to his trust as President and Com-              force following ratification by the United              December 12, 1977.
                                      mander in Chief, and subversive of constitu-             States in 1945, requires Security Council ap-              (B) Furthermore, Article 85(3) of said Pro-
                                      tional government, to the prejudice of the               proval for the use of force except for self-de-         tocol I defines as a grave breach making a ci-
                                      cause of law and justice and to the manifest             fense against an armed attack as evidenced              vilian population or individual civilians the
                                      injury of the people of the United States.               by the following:                                       object of attacks. This offense, together with
                                      Wherefore, President George W. Bush, by                    (A) Chapter 1, Article 2 of the United Na-            the principle of command responsibility,
                                      such conduct, is guilty of an impeachable of-            tions Charter states:                                   places President George Bush’s conduct
                                      fense warranting removal from office.                      ‘‘3. All Members shall settle their inter-
                                                                                                                                                       under the reach of the same law and prin-
                                                                                               national disputes by peaceful means in such
                                            ARTICLE VII.—INVADING IRAQ ABSENT A                                                                        ciples described as the basis for war crimes
                                                                                               a manner that international peace and secu-
                                                      DECLARATION OF WAR                                                                               prosecution at Nuremburg, under Article 6 of
                                                                                               rity, and justice, are not endangered.
                                        In his conduct while President of the                    ‘‘4. All Members shall refrain in their               the Charter of the Nuremberg Tribunals: in-
                                      United States, George W. Bush, in violation              international relations from the threat or              cluding crimes against peace, violations of
                                      of his constitutional oath to faithfully exe-            use of force against the territorial integrity          the laws and customs of war and crimes
                                      cute the office of President of the United               or political independence of any state, or in           against humanity, similarly codified in the
                                      States and, to the best of his ability, pre-             any other manner inconsistent with the Pur-             Rome Statute of the International Criminal
                                      serve, protect, and defend the Constitution              poses of the United Nations.’’                          Court, Articles 5 through 8.
                                      of the United States, and in violation of his              (B) Chapter 7, Article 51 of the United Na-              (C) The Lancet Report has established
                                      constitutional duty under Article II, Section            tions Charter states:                                   massive civilian casualties in Iraq as a result
                                      3 of the Constitution ‘‘to take care that the              ‘‘51. Nothing in the present Charter shall            of the United States’ invasion and occupa-
                                      laws be faithfully executed’’, has launched a            impair the inherent right of individual or              tion of that country.
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                                      war against Iraq absent any congressional                collective self-defense if an armed attack oc-             (D) International laws governing wars of
                                      declaration of war or equivalent action.                 curs against a Member of the United Na-                 aggression are completely prohibited under
                                        Article I, Section 8, Clause 11 (the War               tions, until the Security Council has taken             the legal principle of jus cogens, whether or
                                      Powers Clause) makes clear that the United               measures necessary to maintain inter-                   not a nation has signed or ratified a par-
                                      States Congress holds the exclusive power to             national peace and security.’’                          ticular international agreement.




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                                      H5094                                              CONGRESSIONAL RECORD — HOUSE                                                            June 9, 2008
                                        In all of these actions and decisions, Presi-         awarding of the Silver Star, Purple Heart,             ing for the defense of the United States and
                                      dent George W. Bush has acted in a manner               and a posthumous promotion.                            its interests abroad, for military construc-
                                      contrary to his trust as President and Com-                On April 24, 2007, Spc. Bryan O’Neal, the           tion, and for national security-related en-
                                      mander in Chief, and subversive of constitu-            last soldier to see Specialist Pat Tillman             ergy programs,’’ the president added the fol-
                                      tional government, to the prejudice of the              alive, testified before the House Oversight            lowing ‘‘signing statement’’:
                                      cause of law and justice and to the manifest            and Government Reform Committee that he                  ‘‘Provisions of the Act, including sections
                                      injury of the people of the United States.              was warned by superiors not to divulge infor-          841, 846, 1079, and 1222, purport to impose re-
                                      Wherefore, President George W. Bush, by                 mation that a fellow soldier killed Specialist         quirements that could inhibit the Presi-
                                      such conduct, is guilty of an impeachable of-           Tillman, especially to the Tillman family.             dent’s ability to carry out his constitutional
                                      fense warranting removal from office                    The White House refused to provide re-                 obligations to take care that the laws be
                                      ARTICLE IX.—FAILING TO PROVIDE TROOPS WITH              quested documents to the committee, citing             faithfully executed, to protect national secu-
                                             BODY ARMOR AND VEHICLE ARMOR                     ‘‘executive branch confidentiality interests.’’        rity, to supervise the executive branch, and
                                        In his conduct while President of the                    The White House and DOD in 2003 pro-                to execute his authority as Commander in
                                      United States, George W. Bush, in violation             moted a false account of the injury of Jes-            Chief. The executive branch shall construe
                                      of his constitutional oath to faithfully exe-           sica Dawn Lynch, reporting that she had                such provisions in a manner consistent with
                                      cute the office of President of the United              been captured in a hostile exchange and had            the constitutional authority of the Presi-
                                      States and, to the best of his ability, pre-            been dramatically rescued. On April 2, 2003,           dent.’’
                                      serve, protect, and defend the Constitution             the DOD released a video of the rescue and               Section 1222 clearly prohibits the expendi-
                                      of the United States, and in violation of his           claimed that Lynch had stab and bullet                 ture of money for the purpose of establishing
                                      constitutional duty under Article II, Section           wounds, and that she had been slapped about            permanent U.S. military bases in Iraq. The
                                      3 of the Constitution ‘‘to take care that the           on her hospital bed and interrogated. Iraqi            construction of over $1 billion in U.S. mili-
                                      laws be faithfully executed,’’ has both per-            doctors and nurses later interviewed, includ-          tary bases in Iraq, including runways for air-
                                      sonally and acting through his agents and               ing Dr. Harith Al-Houssona, a doctor in the            craft, continues despite congressional intent,
                                      subordinates, together with the Vice Presi-             Nasirya hospital, described Lynch’s injuries           as the Administration intends to force upon
                                      dent, has been responsible for the deaths of            as ‘‘a broken arm, a broken thigh, and a dis-          the Iraqi government such terms which will
                                      members of the U.S. military and serious in-            located ankle.’’ According to Al-Houssona,             assure the bases remain in Iraq.
                                      jury and trauma to other soldiers, by failing           there was no sign of gunshot or stab wounds,             Iraqi officials have informed Members of
                                      to provide available body armor and vehicle             and Lynch’s injuries were consistent with              Congress in May 2008 of the strong opposi-
                                      armor.                                                  those that would be suffered in a car acci-            tion within the Iraqi parliament and
                                        While engaging in an invasion and occupa-             dent. Al-Houssona’s claims were later con-             throughout Iraq to the agreement that the
                                      tion of choice, not fought in self-defense, and         firmed in a U.S. Army report leaked on July            administration is trying to negotiate with
                                      not launched in accordance with any time-               10, 2003.                                              Iraqi Prime Minister Nouri al-Maliki. The
                                      table other than the President’s choosing,                 Lynch denied that she fought or was                 agreement seeks to assure a long-term U.S.
                                      President Bush sent U.S. troops into danger             wounded fighting, telling Diane Sawyer that            presence in Iraq of which military bases are
                                      without providing them with armor. This                 the Pentagon ‘‘used me to symbolize all this           the most obvious, sufficient and necessary
                                      shortcoming has been known for years, dur-              stuff. It’s wrong. I don’t know why they               construct, thus clearly defying Congres-
                                      ing which time, the President has chosen to             filmed [my rescue] or why they say these               sional intent as to the matter and meaning
                                      allow soldiers and marines to continue to               things. . . . I did not shoot, not a round,            of ‘‘permanency.’’
                                      face unnecessary risk to life and limb rather           nothing. I went down praying to my knees.                In all of these actions and decisions, Presi-
                                      then providing them with armor.                         And that’s the last I remember.’’ She re-              dent George W. Bush has acted in a manner
                                        In all of these actions and decisions, Presi-         ported excellent treatment in Iraq, and that           contrary to his trust as President and Com-
                                      dent George W. Bush has acted in a manner               one person in the hospital even sang to her            mander in Chief, and subversive of constitu-
                                      contrary to his trust as President and Com-             to help her feel at home.                              tional government, to the prejudice of the
                                      mander in Chief, and subversive of constitu-               On April 24, 2007 Lynch testified before the        cause of law and justice and to the manifest
                                      tional government, to the prejudice of the              House Committee on Oversight and Govern-               injury of the people of the United States.
                                      cause of law and justice and to the manifest            ment Reform:                                           Wherefore, President George W. Bush, by
                                      injury of the people of the United States.                 ‘‘[Right after my capture], tales of great          such conduct, is guilty of an impeachable of-
                                      Wherefore, President George W. Bush, by                 heroism were being told. My parent’s home              fense warranting removal from office.
                                      such conduct, is guilty of an impeachable of-           in Wirt County was under siege of the media            ARTICLE XII.—INITIATING A WAR AGAINST IRAQ
                                      fense warranting removal from office.                   all repeating the story of the little girl               FOR CONTROL OF THAT NATION’S NATURAL RE-
                                      ARTICLE X.—FALSIFYING ACCOUNTS OF U.S.
                                                                                              Rambo from the hills who went down fight-                SOURCES
                                        TROOP DEATHS AND INJURIES FOR POLITICAL
                                                                                              ing. It was not true. . . . I am still confused          In his conduct while President of the
                                        PURPOSES
                                                                                              as to why they chose to lie.’’                         United States, George W. Bush, in violation
                                                                                                 The White House had heavily promoted the            of his constitutional oath to faithfully exe-
                                        In his conduct while President of the                 false story of Lynch’s rescue, including in a
                                      United States, George W. Bush, in violation                                                                    cute the office of President of the United
                                                                                              speech by President Bush on April 28, 2003.            States and, to the best of his ability, pre-
                                      of his constitutional oath to faithfully exe-           After the fiction was exposed, the President
                                      cute the office of President of the United                                                                     serve, protect, and defend the Constitution
                                                                                              awarded Lynch the Bronze Star.                         of the United States, and in violation of his
                                      States and, to the best of his ability, pre-               In all of these actions and decisions, Presi-
                                      serve, protect, and defend the Constitution                                                                    constitutional duty under Article II, Section
                                                                                              dent George W. Bush has acted in a manner
                                      of the United States, and in violation of his                                                                  3 of the Constitution ‘‘to take care that the
                                                                                              contrary to his trust as President and Com-
                                      constitutional duty under Article II, Section                                                                  laws be faithfully executed,’’ has both per-
                                                                                              mander in Chief, and subversive of constitu-
                                      3 of the Constitution ‘‘to take care that the                                                                  sonally and acting through his agents and
                                                                                              tional government, to the prejudice of the
                                      laws be faithfully executed,’’ has both per-                                                                   subordinates, together with the Vice Presi-
                                                                                              cause of law and justice and to the manifest
                                      sonally and acting through his agents and                                                                      dent, invaded and occupied a foreign nation
                                                                                              injury of the people of the United States.
                                      subordinates, together with the Vice Presi-                                                                    for the purpose, among other purposes, of
                                                                                              Wherefore, President George W. Bush, by
                                      dent, promoted false propaganda stories                                                                        seizing control of that nation’s oil.
                                                                                              such conduct, is guilty of an impeachable of-            The White House and its representatives in
                                      about members of the United States mili-                fense warranting removal from office.
                                      tary, including individuals both dead and in-                                                                  Iraq have, since the occupation of Baghdad
                                                                                                ARTICLE XI.—ESTABLISHMENT OF PERMANENT               began, attempted to gain control of Iraqi oil.
                                      jured.
                                        The White House and the Department of                            U.S. MILITARY BASES IN IRAQ                 This effort has included pressuring the new
                                      Defense (DOD) in 2004 promoted a false ac-                 In his conduct while President of the               Iraqi government to pass a hydrocarbon law.
                                      count of the death of Specialist Pat Tillman,           United States, George W. Bush, in violation            Within weeks of the fall of Saddam Hussein
                                      reporting that he had died in a hostile ex-             of his constitutional oath to faithfully exe-          in 2003, the U.S. Agency for International
                                      change, delaying release of the information             cute the office of President of the United             Development (USAid) awarded a $240 million
                                      that he had died from friendly fire, shot in            States and, to the best of his ability, pre-           contract to Bearing Point, a private U.S.
                                      the forehead three times in a manner that               serve, protect, and defend the Constitution            company. A Bearing Point employee, based
                                      led investigating doctors to believe he had             of the United States, and in violation of his          in the U.S. embassy in Baghdad, was hired to
                                      been shot at close range.                               constitutional duty under Article II, Section          advise the Iraqi Ministry of Oil on drawing
                                        A 2005 report by Brig. Gen. Gary M. Jones             3 of the Constitution ‘‘to take care that the          up the new hydrocarbon law. The draft law
                                      reported that in the days immediately fol-              laws be faithfully executed,’’ has violated an         places executives of foreign oil companies on
                                      lowing Specialist Tillman’s death, U.S.                 act of Congress that he himself signed into            a council with the task of approving their
                                      Army investigators were aware that Spe-                 law by using public funds to construct per-            own contracts with Iraq; it denies the Iraqi
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                                      cialist Tillman was killed by friendly fire,            manent U.S. military bases in Iraq.                    National Oil Company exclusive rights for
                                      shot three times to the head, and that senior              On January 28, 2008, President George W.            the exploration, development, production,
                                      Army commanders, including Gen. John                    Bush signed into law the National Defense              transportation, and marketing of Iraqi oil,
                                      Abizaid, knew of this fact within days of the           Authorization Act for fiscal year 2008 (H.R.           and allows foreign companies to control
                                      shooting but nevertheless approved the                  4986). Noting that the Act ‘‘authorizes fund-          Iraqi oil fields containing 80 percent of Iraqi




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                     H5095
                                      oil for up to 35 years through contracts that           August 2003, described the creation of this               In 1998 Kenneth Derr, then chief executive
                                      can remain secret for up to 2 months. The               task force as follows:                                 of Chevron, told a San Francisco audience,
                                      draft law itself contains secret appendices.              ‘‘In a January 29, 2001, memorandum, the             ‘‘Iraq possesses huge reserves of oil and gas,
                                         President Bush provided unrelated reasons            President established NEPDG [the National              reserves I’d love Chevron to have access to.’’
                                      for the invasion of Iraq to the public and              Energy Policy Development Group]—com-                  According to the GAO report, Chevron pro-
                                      Congress, but those reasons have been estab-            prised of the Vice President, nine cabinet-            vided detailed advice to the NEPDG.
                                      lished to have been categorically fraudulent,           level officials, and four other senior adminis-           In March, 2001, the NEPDG recommended
                                      as evidenced by the herein mentioned Arti-              tration officials—to gather information, de-           that the United States Government support
                                      cles of Impeachment I, II, III, IV, VI, and             liberate, and make recommendations to the              initiatives by Middle Eastern countries ‘‘to
                                      VII.                                                    President by the end of fiscal year 2001. The          open up areas of their energy sectors to for-
                                         Parallel to the development of plans for             President called on the Vice President to              eign investment.’’ Following the invasion of
                                      war against Iraq, the U.S. State Depart-                chair the group, direct its work and, as nec-          Iraq, the United States has pressured the
                                      ment’s Future of Iraq project, begun as early           essary, establish subordinate working groups           new Iraqi parliament to pass a hydrocarbon
                                      as April 2002, involved meetings in Wash-               to assist NEPDG.’’                                     law that would do exactly that. The draft
                                      ington and London of 17 working groups,                   The four ‘‘other senior administration offi-         law, if passed, would take the majority of
                                      each composed of 10 to 20 Iraqi exiles and              cials were the Director of the Office of Man-          Iraq’s oil out of the exclusive hands of the
                                      international experts selected by the State             agement and Budget, the Assistant to the               Iraqi Government and open it to inter-
                                      Department. The Oil and Energy working                  President and Deputy Chief of Staff for Pol-           national oil companies for a generation or
                                      group met four times between December 2002              icy, the Assistant to the President for Eco-           more. The Bush administration hired Bear-
                                      and April 2003. Ibrahim Bahr al-Uloum, later            nomic Policy, and the Deputy Assistant to              ing Point, a U.S. company, to help write the
                                      the Iraqi Oil Minister, was a member of the             the President for Intergovernmental Affairs.           law in 2004. It was submitted to the Iraqi
                                      group, which concluded that Iraq ‘‘should be              The GAO report found that: ‘‘In developing           Council of Representatives in May 2007.
                                      opened to international oil companies as                the National Energy Policy report, the                    In all of these actions and decisions, Presi-
                                      quickly as possible after the war,’’ and that,          NEPDG Principals, Support Group, and par-              dent George W. Bush has acted in a manner
                                      ‘‘the country should establish a conducive              ticipating agency officials and staff met              contrary to his trust as President and Com-
                                      business environment to attract investment              with, solicited input from, or received infor-         mander in Chief, and subversive of constitu-
                                                                                              mation and advice from nonfederal energy               tional government, to the prejudice of the
                                      of oil and gas resources.’’ The same group
                                                                                              stakeholders, principally petroleum, coal,             cause of law and justice and to the manifest
                                      recommended        production-sharing     agree-
                                                                                              nuclear, natural gas, and electricity industry         injury of the people of the United States.
                                      ments with foreign oil companies, the same
                                                                                              representatives and lobbyists. The extent to           Wherefore, President George W. Bush, by
                                      approach found in the draft hydrocarbon law,
                                                                                              which submissions from any of these stake-             such conduct, is guilty of an impeachable of-
                                      and control over Iraq’s oil resources remains                                                                  fense warranting removal from office.
                                      a prime objective of the Bush Administra-               holders were solicited, influenced policy de-
                                                                                              liberations, or were incorporated into the             ARTICLE XIV.—MISPRISION OF A FELONY, MIS-
                                      tion.
                                         Prior to his election as Vice President,             final report cannot be determined based on                USE AND EXPOSURE OF CLASSIFIED INFORMA-
                                      Dick Cheney, then-CEO of Halliburton, in a              the limited information made available to                TION AND OBSTRUCTION OF JUSTICE IN THE
                                      speech at the Institute of Petroleum in 1999            GAO. NEPDG met and conducted its work in                 MATTER OF VALERIE PLAME WILSON, CLAN-
                                      demonstrated a keen awareness of the sen-               two distinct phases: the first phase cul-                DESTINE AGENT OF THE CENTRAL INTEL-
                                      sitive economic and geopolitical role of Mid-           minated in a March 19, 2001, briefing to the             LIGENCE AGENCY
                                      dle East oil resources saying: ‘‘By 2010, we            President on challenges relating to energy               In his conduct while President of the
                                      will need on the order of an additional 50              supply and the resulting economic impact;              United States, George W. Bush, in violation
                                      million barrels a day. So where is the oil              the second phase ended with the May 16, 2001,          of his constitutional oath to faithfully exe-
                                      going to come from? Governments and na-                 presentation of the final report to the Presi-         cute the office of President of the United
                                      tional oil companies are obviously control-             dent. The Office of the Vice President’s               States and, to the best of his ability, pre-
                                      ling about 90 percent of the assets. Oil re-            (OVP) unwillingness to provide the NEPDG               serve, protect, and defend the Constitution
                                      mains fundamentally a government business.              records or other related information pre-              of the United States, and in violation of his
                                      While many regions of the world offer great             cluded GAO from fully achieving its objec-             constitutional duty under Article II, Section
                                      oil opportunities, the Middle East, with two-           tives and substantially limited GAO’s ability          3 of the Constitution ‘‘to take care that the
                                      thirds of the world’s oil and lowest cost, is           to comprehensively analyze the NEPDG                   laws be faithfully executed’’, has both per-
                                      still where the prize ultimately lies. Even             process. associated with that process.                 sonally and acting through his agents and
                                      though companies are anxious for greater ac-              ‘‘None of the key federal entities involved          subordinates, together with the Vice Presi-
                                      cess there, progress continues to be slow.’’            in the NEPDG effort provided GAO with a                dent,
                                         The Vice President led the work of a secret          complete accounting of the costs that they               (1) suppressed material information;
                                      energy task force, as described in Article              incurred during the development of the Na-               (2) selectively declassified information for
                                      XXXII below, a task force that focused on,              tional Energy Policy report. The two federal           the improper purposes of retaliating against
                                      among other things, the acquisition of Iraqi            entities responsible for funding the NEPDG             a whistleblower and presenting a misleading
                                      oil through developing a controlling private            effort—OVP and the Department of Energy                picture of the alleged threat from Iraq;
                                                                                              (DOE)—did not provide the comprehensive                  (3) facilitated the exposure of the identity
                                      corporate interest in said oil.
                                         In all of these actions and decisions, Presi-        cost information that GAO requested. OVP               of Valerie Plame Wilson who had theretofore
                                      dent George W. Bush has acted in a manner               provided GAO with 77 pages of information,             been employed as a covert CIA operative;
                                                                                              two-thirds of which contained no cost infor-             (4) failed to investigate the improper leaks
                                      contrary to his trust as President and Com-
                                                                                              mation while the remaining one-third con-              of classified information from within his ad-
                                      mander in Chief, and subversive of constitu-
                                                                                              tained some miscellaneous information of               ministration;
                                      tional government, to the prejudice of the                                                                       (5) failed to cooperate with an investiga-
                                      cause of law and justice and to the manifest            little to no usefulness. OVP stated that it
                                                                                              would not provide any additional informa-              tion into possible federal violations resulting
                                      injury of the people of the United States.                                                                     from this activity; and
                                      Wherefore, President George W. Bush, by                 tion. DOE, the Department of the Interior,
                                                                                                                                                       (6) finally, entirely undermined the pros-
                                      such conduct, is guilty of an impeachable of-           and the Environmental Protection Agency
                                                                                                                                                     ecution by commuting the sentence of Lewis
                                      fense warranting removal from office.                   (EPA) provided GAO with estimates of cer-
                                                                                                                                                     Libby citing false and insubstantial grounds,
                                                                                              tain costs and salaries associated with the
                                      ARTICLE XIII.—CREATING A SECRET TASK FORCE                                                                     all in an effort to prevent Congress and the
                                                                                              NEPDG effort, but these estimates, all cal-
                                        TO DEVELOP ENERGY AND MILITARY POLICIES                                                                      citizens of the United States from discov-
                                                                                              culated in different ways, were not com-
                                        WITH RESPECT TO IRAQ AND OTHER COUNTRIES                                                                     ering the deceitful nature of the President’s
                                                                                              prehensive.’’
                                        In his conduct while President of the                   In 2003, the Commerce Department dis-                claimed justifications for the invasion of
                                      United States, George W. Bush, in violation             closed a partial collection of materials from          Iraq.
                                      of his constitutional oath to faithfully exe-                                                                    In facilitating this exposure of classified
                                                                                              the NEPDG, including documents, maps, and
                                      cute the office of President of the United                                                                     information and the subsequent cover-up, in
                                                                                              charts, dated March 2001, of Iraq’s, Saudi
                                      States and, to the best of his ability, pre-                                                                   all of these actions and decisions, President
                                                                                              Arabia’s and the United Arab Emirates’ oil
                                      serve, protect, and defend the Constitution                                                                    George W. Bush has acted in a manner con-
                                                                                              fields, pipelines, refineries, tanker terminals,
                                      of the United States, and in violation of his                                                                  trary to his trust as President, and subver-
                                                                                              and development projects.
                                      constitutional duty to take care that the                 On November 16, 2005, the Washington Post            sive of constitutional government, to the
                                      laws be faithfully executed, has both person-           reported on a White House document show-               prejudice of the cause of law and justice and
                                      ally and acting through his agents and sub-             ing that oil company executives had met                to the manifest injury of the people of the
                                      ordinates, together with the Vice President,            with the NEPDG, something that some of                 United States. Wherefore, President George
                                      created a secret task force to guide our na-            those same executives had just that week de-           W. Bush, by such conduct, is guilty of an im-
                                      tion’s energy policy and military policy, and           nied in Congressional testimony. The Bush              peachable offense warranting removal from
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                                      undermined Congress’ ability to legislate by            Administration had not corrected the inac-             office.
                                      thwarting attempts to investigate the na-               curate testimony.                                      ARTICLE XV.—PROVIDING IMMUNITY FROM PROS-
                                      ture of that policy.                                      On July 18, 2007, the Washington Post re-              ECUTION FOR CRIMINAL CONTRACTORS IN IRAQ
                                        A Government Accountability Office (GAO)              ported the full list of names of those who had          In his conduct while President of the
                                      Report on the Cheney Energy Task Force, in              met with the NEPDG.                                    United States, George W. Bush, in violation




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                                      H5096                                              CONGRESSIONAL RECORD — HOUSE                                                             June 9, 2008
                                      of his constitutional oath to faithfully exe-           systemic problems, but rather with retribu-            2004, Ms. Greenhouse came forward and re-
                                      cute the office of President of the United              tion against whistleblowers.                           vealed that top Pentagon officials showed
                                      States and, to the best of his ability, pre-               The House Committee on Oversight and                improper favoritism to Halliburton when
                                      serve, protect, and defend the Constitution             Government Reform reported on Iraq recon-              awarding military contracts to Halliburton
                                      of the United States, and in violation of his           struction contracting:                                 subsidiary Kellogg Brown & Root (KBR).
                                      constitutional duty under Article II, Section              ‘‘From the beginning, the Administration            Greenhouse stated that when the Pentagon
                                      3 of the Constitution ‘‘to take care that the           adopted a flawed contracting approach in               awarded Halliburton a five-year $7 billion
                                      laws be faithfully executed’’, has both per-            Iraq. Instead of maximizing competition, the           contract, it pressured her to withdraw her
                                      sonally and acting through his agents and               Administration opted to award no-bid, cost-            objections, actions which she claimed were
                                      subordinates, together with the Vice Presi-             plus contracts to politically connected con-           unprecedented in her experience.
                                      dent, established policies granting United              tractors. Halliburton’s secret $7 billion con-           ‘‘On June 27, 2005, Ms. Greenhouse testified
                                      States government contractors and their em-             tract to restore Iraq’s oil infrastructure is          before Congress, detailing that the contract
                                      ployees in Iraq immunity from Iraqi law,                the prime example. Under this no-bid, cost-            award process was compromised by improper
                                      U.S. law, and international law.                        plus contract, Halliburton was reimbursed              influence by political appointees, participa-
                                        Lewis Paul Bremer III, then-Director of               for its costs and then received an additional          tion by Halliburton officials in meetings
                                      Reconstruction and Humanitarian Assist-                 fee, which was a percentage of its costs. This         where bidding requirements were discussed,
                                      ance for post-war Iraq, on June 27, 2004,               created an incentive for Halliburton to run            and a lack of competition. She stated that
                                      issued Coalition Provisional Authority Order            up its costs in order to increase its potential        the Halliburton contracts represented ‘‘the
                                      Number 17, which granted members of the                 profit.                                                most blatant and improper contract abuse I
                                      U.S. military, U.S. mercenaries, and other                 ‘‘Even after the Administration claimed it          have witnessed during the course of my pro-
                                      U.S. contractor employees immunity from                 was awarding Iraq contracts competitively              fessional career.’’ Days before the hearing,
                                      Iraqi law.                                              in early 2004, real price competition was              the acting general counsel of the Army Corps
                                        The Bush Administration has chosen not                missing. Iraq was divided geographically and           of Engineers paid Ms. Greenhouse a visit and
                                      to apply the Uniform Code of Military Jus-              by economic sector into a handful of                   reportedly let it be known that it would not
                                      tice or United States law to mercenaries and            fiefdoms. Individual contractors were then             be in her best interest to appear voluntarily.
                                      other contractors employed by the United                awarded monopoly contracts for all of the                ‘‘On August 27, 2005, the Army demoted Ms.
                                      States government in Iraq.                              work within given fiefdoms. Because these              Greenhouse, removing her from the elite
                                        Operating free of Iraqi or U.S. law, merce-           monopoly contracts were awarded before                 Senior Executive Service and transferring
                                      naries have killed many Iraqi civilians in a            specific projects were identified, there was           her to a lesser job in the corps’ civil works
                                      manner that observers have described as ag-             no actual price competition for more than              division. As Frank Rich of The New York
                                      gression and not as self-defense. Many U.S.             2,000 projects.                                        Times described the situation, ’[H]er crime
                                      contractors have also alleged that they have               ‘‘In the absence of price competition, rig-         was not obstructing justice but pursuing it
                                      been the victims of aggression (in several              orous government oversight becomes essen-              by vehemently questioning irregularities in
                                      cases of rape) by their fellow contract em-             tial for accountability. Yet the Administra-           the awarding of some $7 billion worth of no-
                                      ployees in Iraq. These charges have not been            tion turned much of the contract oversight             bid contracts in Iraq to the Halliburton sub-
                                      brought to trial, and in several cases the              work over to private companies with blatant            sidiary Kellogg Brown Root.’ The demotion
                                      contracting companies and the U.S. State                conflicts of interest. Oversight contractors           was in apparent retaliation for her speaking
                                      Department have worked together in at-                  oversaw their business partners and, in some           out against the abuses, even though she pre-
                                      tempting to cover them up.                              cases, were placed in a position to assist             viously had stellar reviews and over 20 years
                                        Under the Fourth Geneva Convention, to                their own construction work under separate             of experience in military procurement.’’
                                      which the United States is party, and which             monopoly construction contracts. . . .                   The House Committee on Oversight and
                                      under Article VI of the U.S. Constitution is               ‘‘Under Halliburton’s two largest Iraq con-         Government Reform reports on domestic
                                      therefore the supreme law of the United                 tracts, Pentagon auditors found $1 billion in          contracting:
                                      States, it is the responsibility of an occu-            ‘questioned’ costs and over $400 million in              ‘‘The Administration’s domestic con-
                                      pying force to ensure the protection and                ’unsupported’ costs. Former Halliburton em-            tracting record is no better than its record
                                      human rights of the civilian population. The            ployees testified that the company charged             on Iraq. Waste, fraud, and abuse appear to be
                                      efforts of President Bush and his subordi-              $45 for cases of soda, billed $100 to clean 15-        the rule rather than the exception. . . .
                                      nates to attempt to establish a lawless zone            pound bags of laundry, and insisted on hous-             ‘‘A Transportation Security Administra-
                                      in Iraq are in violation of the law.                    ing its staff at the five-star Kempinski hotel         tion (TSA) cost-plus contract with NCS
                                        In all of these actions and decisions, Presi-         in Kuwait. Halliburton truck drivers testi-            Pearson, Inc., to hire federal airport screen-
                                      dent George W. Bush has acted in a manner               fied that the company ‘torched’ brand new              ers was plagued by poor management and
                                      contrary to his trust as President and sub-             $85,000 trucks rather than perform relatively          egregious waste. Pentagon auditors chal-
                                      versive of constitutional government, to the            minor repairs and regular maintenance. Hal-            lenged $303 million (over 40%) of the $741 mil-
                                      prejudice of the cause of law and justice and           liburton procurement officials described the           lion spent by Pearson under the contract.
                                      to the manifest injury of the people of the             company’s informal motto in Iraq as ’Don’t             The auditors detailed numerous concerns
                                      United States. Wherefore, President George              worry about price. It’s cost-plus.’ A Halli-           with the charges of Pearson and its sub-
                                      W. Bush, by such conduct, is guilty of an im-           burton manager was indicted for ‘major                 contractors, such as ‘$20-an-hour temporary
                                      peachable offense warranting removal from               fraud against the United States’ for alleg-            workers billed to the government at $48 per
                                      office.                                                 edly billing more than $5.5 billion for work           hour, subcontractors who signed out $5,000 in
                                                                                              that should have cost only $685,000 in ex-             cash at a time with no supporting docu-
                                      ARTICLE XVI.—RECKLESS MISSPENDING AND
                                                                                              change for a $1 million kickback from a Ku-            ments, $377,273.75 in unsubstantiated long
                                        WASTE OF US TAX DOLLARS IN CONNECTION
                                                                                              waiti subcontractor. . . .                             distance phone calls, $514,201 to rent tents
                                        WITH IRAQ CONTRACTORS
                                                                                                 ‘‘The Air Force found that another U.S.             that flooded in a rainstorm, [and] $4.4 mil-
                                        In his conduct while President of the                 government contractor, Custer Battles, set             lion in ‘‘no show’’ fees for job candidates who
                                      United States, George W. Bush, in violation             up shell subcontractors to inflate prices.             did not appear for tests.’ A Pearson em-
                                      of his constitutional oath to faithfully exe-           Those overcharges were passed along to the             ployee who supervised Pearson’s hiring ef-
                                      cute the office of President of the United              U.S. government under the company’s cost-              forts at 43 sites in the U.S. described the con-
                                      States and, to the best of his ability, pre-            plus contract to provide security for Bagh-            tract as ‘a waste a taxpayer’s money.’ The
                                      serve, protect, and defend the Constitution             dad International Airport. In one case, the            CEO of one Pearson subcontractor paid her-
                                      of the United States, and in violation of his           company allegedly took Iraqi-owned fork-               self $5.4 million for nine months work and
                                      constitutional duty under Article II, Section           lifts, re-painted them, and leased them to             provided herself with a $270,000 pension. . . .
                                      3 of the Constitution ‘‘to take care that the           the U.S. government.                                     ‘‘The Administration is spending $239 mil-
                                      laws be faithfully executed’’, has both per-               ‘‘Despite the spending of billions of tax-          lion on the Integrated Surveillance and In-
                                      sonally and acting through his agents and               payer dollars, U.S. reconstruction efforts in          telligence System, a no-bid contract to pro-
                                      subordinates, together with the Vice Presi-             keys sectors of the Iraqi economy are failing.         vide thousands of cameras and sensors to
                                      dent, recklessly wasted public funds on con-            Over two years after the U.S.-led invasion of          monitor activity on the Mexican and Cana-
                                      tracts awarded to close associates, including           Iraq, oil and electricity production has fallen        dian borders. Auditors found that the con-
                                      companies guilty of defrauding the govern-              below pre-war levels. The Administration               tractor, International Microwave Corp.,
                                      ment in the past, contracts awarded without             has failed to even measure how many Iraqis             billed for work it never did and charged for
                                      competitive bidding, ‘‘cost-plus’’ contracts            lack access to drinkable water.’’                      equipment it never provided, ’creat[ing] a
                                      designed to encourage cost overruns, and                   ‘‘Constitution in Crisis,’’ a book by Con-          potential for overpayments of almost $13
                                      contracts not requiring satisfactory comple-            gressman John Conyers, details the Bush Ad-            million.’ Moreover, the border monitoring
                                      tion of the work. These failures have been              ministration’s response when contract abuse            system reportedly does not work. . . .
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                                      the rule, not the exception, in the awarding            is made public:                                          ‘‘After spending more than $4.5 billion on
                                      of contracts for work in the United States                 ‘‘Bunnatine Greenhouse was the chief con-           screening equipment for the nation’s entry
                                      and abroad over the past seven years. Re-               tracting officer at the Army Corps of Engi-            points, the Department of Homeland Secu-
                                      peated exposure of fraud and waste has not              neers, the agency that has managed much of             rity is now ‘moving to replace or alter much
                                      been met by the president with correction of            the reconstruction work in Iraq. In October            of’ it because ‘it is ineffective, unreliable or




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                     H5097
                                      too expensive to operate.’ For example, radi-           members and supporters, and also Afghans                sonally and acting through his agents and
                                      ation monitors at ports and borders report-             accused of being fighters in the army of the            subordinates, together with the Vice Presi-
                                      edly could not ‘differentiate between radi-             Taliban government, to US-run prisons in                dent, violated United States and Inter-
                                      ation emitted by a nuclear bomb and natu-               Afghanistan and to the detention facility at            national Law and the US Constitution by se-
                                      rally occurring radiation from everyday ma-             Guantanamo Bay, Cuba. The round-up and                  cretly authorizing and encouraging the use
                                      terial like cat litter or ceramic tile.’ . . .          detention without charge of Muslim non-                 of torture against captives in Afghanistan,
                                        ‘‘The TSA awarded Boeing a cost-plus con-             citizens inside the US began almost imme-               Iraq in connection with the so-called ‘‘war’’
                                      tract to install over 1,000 explosive detection         diately after the September 11, 2001 attacks            on terror.
                                      systems for airline passenger luggage. After            on the World Trade Center and the Pen-                    In violation of the Constitution, US law,
                                      installation, the machines ‘began to register           tagon, with some being held as long as nine             the Geneva Conventions (to which the US is
                                      false alarms’ and ‘[s]creeners were forced to           months. The US, on orders of the president,             a signatory), and in violation of basic human
                                      open and hand-check bags.’ To reduce the                began capturing and detaining without                   rights, torture has been authorized by the
                                      number of false alarms, the sensitivity of the          charge alleged terror suspects in other coun-           President and his administration as official
                                      machines was lowered, which reduced the ef-             tries and detaining them abroad and at the              policy. Water-boarding, beatings, faked exe-
                                      fectiveness of the detectors. Despite these             US Naval base in Guantanamo.                            cutions, confinement in extreme cold or ex-
                                      serious problems, Boeing received an $82 mil-              Many of these detainees have been sub-               treme heat, prolonged enforcement of pain-
                                      lion profit that the Inspector General deter-                                                                   ful stress positions, sleep deprivation, sexual
                                                                                              jected to systematic abuse, including beat-
                                                                                                                                                      humiliation, and the defiling of religious ar-
                                      mined to be ‘excessive.’ . . .                          ings, which have been subsequently docu-
                                                                                                                                                      ticles have been practiced and exposed as
                                        ‘‘The FBI spent $170 million on a ‘Virtual            mented by news reports, photographic evi-
                                                                                                                                                      routine at Guantanamo, at Abu Ghraib Pris-
                                      Case File’ system that does not operate as              dence, testimony in Congress, lawsuits, and
                                                                                                                                                      on and other US detention sites in Iraq, and
                                      required. After three years of work under a             in the case of detainees in the US, by an in-
                                                                                                                                                      at Bagram Air Base in Afghanistan. The
                                      cost-plus contract failed to produce a func-            vestigation conducted by the Justice Depart-            president, besides bearing responsibility for
                                      tional system, the FBI scrapped the program             ment’s Office of the Inspector General.                 authorizing the use of torture, also as Com-
                                      and began work on the new ‘Sentinel’ Case                  In violation of US law and the Geneva Con-
                                                                                                                                                      mander in Chief, bears ultimate responsi-
                                      File System. . . .                                      ventions, the Bush Administration in-                   bility for the failure to halt these practices
                                        ‘‘The Department of Homeland Security                 structed the Department of Justice and the              and to punish those responsible once they
                                      Inspector General found that taxpayer dol-              US Department of Defense to refuse to pro-              were exposed.
                                      lars were being lavished on perks for agency            vide the identities or locations of these de-             The administration has sought to claim
                                      officials. One IG report found that TSA spent           tainees, despite requests from Congress and             the abuse of captives is not torture, by rede-
                                      over $400,000 on its first leader’s executive of-       from attorneys for the detainees. The presi-            fining torture. An August 1, 2002 memo-
                                      fice suite. Another found that TSA spent                dent even declared the right to detain US               randum from the Administration’s Office of
                                      $350,000 on a gold-plated gym. . . .                    citizens indefinitely, without charge and               Legal Counsel Jay S. Bybee addressed to
                                        ‘‘According to news reports, Pentagon                 without providing them access to counsel or             White House Counsel Alberto R. Gonzales
                                      auditors . . . examined a contract between              the courts, thus depriving them of their con-           concluded that to constitute torture, any
                                      the Transportation Security Administration              stitutional and basic human rights. Several             pain inflicted must be akin to that accom-
                                      (TSA) and Unisys, a technology and con-                 of those US citizens were held in military              panying ‘‘serious physical injury, such as
                                      sulting company, for the upgrade of airport             brigs in solitary confinement for as long as            organ failure, impairment of bodily function,
                                      computer networks. Among other irregular-               three years before being either released or             or even death.’’ The memorandum went on
                                      ities, government auditors found that Unisys            transferred to civilian detention.                      to state that even should an act constitute
                                      may have overbilled for as much as 171,000                 Detainees in US custody in Iraq and Guan-            torture under that minimal definition, it
                                      hours of labor and overtime by charging for             tanamo have, in violation of the Geneva Con-            might still be permissible if applied to ‘‘in-
                                      employees at up to twice their actual rate of           ventions, been hidden from and denied visits            terrogations undertaken pursuant to the
                                      compensation. While the cost ceiling for the            by the International Red Cross organization,            President’s Commander-in-Chief powers.’’
                                      contract was set at $1 billion, Unisys has re-          while thousands of others in Iraq, Guanta-              The memorandum further asserted that ‘‘ne-
                                      portedly billed the government $940 million             namo, Afghanistan, ships in foreign off-shore           cessity or self-defense could provide jus-
                                      with more than half of the seven-year con-              sites, and an unknown number of so-called               tifications that would eliminate any crimi-
                                      tract remaining and more than half of the               ‘‘black sites’’ around the world have been de-          nal liability.’’
                                      TSA-monitored airports still lacking up-                nied any opportunity to challenge their de-               This effort to redefine torture by calling
                                      graded networks.’’                                      tentions. The president, acting on his own              certain practices simply ‘‘enhanced interro-
                                        In all of these actions and decisions, Presi-         claimed authority, has declared the hundreds            gation techniques’’ flies in the face of the
                                      dent George W. Bush has acted in a manner               of detainees at Guantanamo Bay to be                    Third Geneva Convention Relating to the
                                      contrary to his trust as President and Com-             ‘‘enemy combatants’’ not subject to US law              Treatment of Prisoners of War, which states
                                      mander in Chief, and subversive of constitu-            and not even subject to military law, but               that ‘‘No physical or mental torture, nor any
                                      tional government, to the prejudice of the              nonetheless potentially liable to the death             other form of coercion, may be inflicted on
                                      cause of law and justice and to the manifest            penalty.                                                prisoners of war to secure from them infor-
                                      injury of the people of the United States.                 The detention of individuals without due             mation of any kind whatever. Prisoners of
                                      Wherefore, President George W. Bush, by                 process violates the 5th Amendment. While               war who refuse to answer may not be threat-
                                      such conduct, is guilty of an impeachable of-           the Bush administration has been rebuked in             ened, insulted, or exposed to any unpleasant
                                      fense warranting removal from office.                   several court cases, most recently that of Ali          or disadvantageous treatment of any kind.’’
                                      ARTICLE XVII.—ILLEGAL DETENTION: DETAINING              al-Marri, it continues to attempt to exceed               Torture is further prohibited by the Uni-
                                        INDEFINITELY AND WITHOUT CHARGE PERSONS               constitutional limits.                                  versal Declaration of Human Rights, the
                                        BOTH U.S. CITIZENS AND FOREIGN CAPTIVES                  In all of these actions violating US and             paramount international human rights
                                                                                              International law, President George W. Bush             statement adopted unanimously by the
                                        In his conduct while President of the
                                                                                              has acted in a manner contrary to his trust             United Nations General Assembly, including
                                      United States, George W. Bush, in violation
                                                                                              as President and Commander in Chief, and                the United States, in 1948. Torture and other
                                      of his constitutional oath to faithfully exe-                                                                   cruel, inhuman or degrading treatment or
                                                                                              subversive of constitutional government, to
                                      cute the office of President of the United                                                                      punishment is also prohibited by inter-
                                                                                              the prejudice of the cause of law and justice
                                      States and, to the best of his ability, pre-                                                                    national treaties ratified by the United
                                                                                              and to the manifest injury of the people of
                                      serve, protect, and defend the Constitution                                                                     States: the International Covenant on Civil
                                                                                              the United States. Wherefore, President
                                      of the United States, and in violation of his                                                                   and Political Rights (ICCPR) and the Con-
                                                                                              George W. Bush, by such conduct, is guilty of
                                      constitutional duty under Article II, Section                                                                   vention Against Torture and Other Cruel In-
                                                                                              an impeachable offense warranting removal
                                      3 of the Constitution ‘‘to take care that the                                                                   human or Degrading Treatment or Punish-
                                                                                              from office.
                                      laws be faithfully executed’’, has both per-                                                                    ment (CAT).
                                      sonally and acting through his agents and               ARTICLE XVIII.—TORTURE: SECRETLY AUTHOR-
                                                                                                                                                        When the Congress, in the Defense Author-
                                      subordinates, together with the Vice Presi-                IZING, AND ENCOURAGING THE USE OF TOR-
                                                                                                                                                      ization Act of 2006, overwhelmingly passed a
                                      dent, violated United States and Inter-                    TURE AGAINST CAPTIVES IN AFGHANISTAN,
                                                                                                                                                      measure banning torture and sent it to the
                                      national Law and the US Constitution by il-                IRAQ, AND OTHER PLACES, AS A MATTER OF
                                                                                                                                                      President’s desk for signature, the President,
                                      legally detaining indefinitely and without                   OFFICIAL POLICY
                                                                                                                                                      who together with his vice president, had
                                      charge persons both US citizens and foreign               In his conduct while President of the                 fought hard to block passage of the amend-
                                      captives.                                               United States, George W. Bush, in violation             ment, signed it, but then quietly appended a
                                        In a statement on Feb. 7, 2002, President             of his constitutional oath to faithfully exe-           signing statement in which he pointedly as-
                                      Bush declared that in the US fight against              cute the office of President of the United              serted that as Commander-in-Chief, he was
                                      Al Qaeda, ‘‘none of the provisions of Geneva            States and, to the best of his ability, pre-            not bound to obey its strictures.
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                                      apply,’’ thus rejecting the Geneva Conven-              serve, protect, and defend the Constitution               The administration’s encouragement of
                                      tions that protect captives in wars and other           of the United States, and in violation of his           and failure to prevent torture of American
                                      conflicts. By that time, the administration             constitutional duty under Article II, Section           captives in the wars in Iraq and Afghanistan,
                                      was already transporting captives from the              3 of the Constitution ‘‘to take care that the           and in the battle against terrorism, has un-
                                      war in Afghanistan, both alleged Al Qaeda               laws be faithfully executed’’, has both per-            dermined the rule of law in the US and in the




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                                      H5098                                              CONGRESSIONAL RECORD — HOUSE                                                             June 9, 2008
                                      US military, and has seriously damaged both             some have died in captivity. As one US offi-           mentary on the 1949 Conventions states that
                                      the effort to combat global terrorism, and              cial has stated off the record, regarding the          prisoners should not be repatriated where
                                      more broadly, America’s image abroad. In                program,      Some    of   those   who    were         there are serious reasons for fearing that re-
                                      his effort to hide torture by US military               renditioned were later delivered to Guanta-            patriating the individual would be contrary
                                      forces and the CIA, the president has defied            namo, while others were sent there directly.           to general principles of established inter-
                                      Congress and has lied to the American peo-              An example of this is the case of six Algerian         national law for the protection of human
                                      ple, repeatedly claiming that the US ‘‘does             Bosnians who, immediately after being                  beings Thus, all of the Guantanamo detain-
                                      not torture.’’                                          cleared by the Supreme Court of Bosnia                 ees as well as renditioned captives are pro-
                                        In all of these actions and decisions in vio-         Herzegovina in January 2002 of allegedly               tected by international human rights protec-
                                      lation of US and International law, Presi-              plotting to attack the US and UK embassies,            tions and humanitarian law.
                                      dent George W. Bush has acted in a manner               were captured, bound and gagged by US spe-                By his actions as outlined above, the Presi-
                                      contrary to his trust as President and Com-             cial forces and renditioned to Guantanamo.             dent has abused his power, broken the law,
                                      mander in Chief, and subversive of constitu-               In perhaps the most egregious proven case           deceived the American people, and placed
                                      tional government, to the prejudice of the              of rendition, Maher Arar, a Canadian citizen           American military personnel, and indeed all
                                      cause of law and justice and to the manifest            born in Syria, was picked up in September              Americans—especially those who may travel
                                      injury of the people of the United States.              2002 while transiting through New York’s               or live abroad—at risk of similar treatment.
                                      Wherefore, President George W. Bush, by                 JFK airport on his way home to Canada. Im-             Furthermore, in the eyes of the rest of the
                                      such conduct, is guilty of an impeachable of-           migration and FBI officials detained and in-           world, the President has made the US, once
                                      fense warranting removal from office.                   terrogated him for nearly two weeks, ille-             a model of respect for Human Rights and re-
                                      ARTICLE XIX.—RENDITION: KIDNAPPING PEOPLE
                                                                                              gally denying him his rights to access coun-           spect for the rule of law, into a state where
                                        AND TAKING THEM AGAINST THEIR WILL TO
                                                                                              sel, the Canadian consulate, and the courts.           international law is neither respected nor
                                        ‘‘BLACK SITES’’ LOCATED IN OTHER NATIONS,             Executive branch officials asked him if he             upheld.
                                        INCLUDING NATIONS KNOWN TO PRACTICE TOR-
                                                                                              would volunteer to go to Syria, where he                  In all of these actions and decisions in vio-
                                        TURE
                                                                                              hadn’t been in 15 years, and Maher refused             lation of United States and International
                                                                                                 Maher was put on a private jet plane oper-          law, President George W. Bush has acted in
                                         In his conduct while President of the                ated by the CIA and sent to Jordan, where he           a manner contrary to his trust as President
                                      United States, George W. Bush, in violation             was beaten for 8 hours, and then delivered to          and Commander in Chief, and subversive of
                                      of his constitutional oath to faithfully exe-           Syria, where he was beaten and interrogated            constitutional government, to the prejudice
                                      cute the office of President of the United              for 18 hours a day for a couple of weeks. He           of the cause of law and justice and to the
                                      States and, to the best of his ability, pre-            was whipped on his back and hands with a 2             manifest injury of the people of the United
                                      serve, protect, and defend the Constitution             inch thick electric cable and asked questions          States. Wherefore, President George W.
                                      of the United States, and in violation of his           similar to those he had been asked in the              Bush, by such conduct, is guilty of an im-
                                      constitutional duty under Article II, Section           United States. For over ten months Maher               peachable offense warranting removal from
                                      3 of the Constitution ‘‘to take care that the           was held in an underground grave-like cell—            office.
                                      laws be faithfully executed’’, has both per-            3 × 6 × 7 feet—which was damp and cold, and
                                      sonally and acting through his agents and                                                                            ARTICLE XX.—IMPRISONING CHILDREN
                                                                                              in which the only light came in through a
                                      subordinates, together with the Vice Presi-             hole in the ceiling. After a year of this,                In his conduct while President of the
                                      dent, violated United States and Inter-                 Maher was released without any charges. He             United States, George W. Bush, in violation
                                      national Law and the US Constitution by                 is now back home in Canada with his family.            of his constitutional oath to faithfully exe-
                                      kidnapping people and renditioning them to              Upon his release, the Syrian Government an-            cute the office of President of the United
                                      ‘‘black sites’’ located in other nations, in-           nounced he had no links to Al Qaeda, and the           States and, to the best of his ability, pre-
                                      cluding nations known to practice torture.              Canadian Government has also said they’ve              serve, protect, and defend the Constitution
                                         The president has publicly admitted that             found no links to Al Qaeda. The Canadian               of the United States, and in violation of his
                                      since the 9–11 attacks in 2001, the US has              Government launched a Commission of In-                constitutional duty under Article II, Section
                                      been kidnapping and transporting against                quiry into the Actions of Canadian Officials           3 of the Constitution ‘‘to take care that the
                                      the will of the subject (renditioning) in its           in Relation to Maher Arar, to investigate the          laws be faithfully executed’’, has both per-
                                      so-called ‘‘war’’ on terror—even people cap-            role of Canadian officials, but the Bush Ad-           sonally and acting through his agents and
                                      tured by US personnel in friendly nations               ministration has refused to cooperate with             subordinates, authorized or permitted the ar-
                                      like Sweden, Germany, Macedonia and                     the Inquiry.                                           rest and detention of at least 2500 children
                                      Italy—and ferrying them to places like                     Hundreds of flights of CIA-chartered planes         under the age of 18 as ‘‘enemy combatants’’
                                      Bagram Airbase in Afghanistan, and to pris-             have been documented as having passed                  in Iraq, Afghanistan, and at Guantanamo
                                      ons operated in Eastern European countries,             through European countries on extraor-                 Bay Naval Station in violation of the Fourth
                                      African Countries and Middle Eastern coun-              dinary rendition missions like that involving          Geneva Convention relating to the treat-
                                      tries where security forces are known to                Maher Arar, but the administration refuses             ment of ‘‘protected persons’’ and the Op-
                                      practice torture.                                       to state how many people have been subjects            tional Protocol to the Geneva Convention on
                                         These people are captured and held indefi-           of this illegal program.                               the Rights of the Child on the Involvement
                                      nitely, without any charges being filed, and               The same U.S. laws prohibiting aiding and           of Children in Armed Conflict, signed by the
                                      are held without being identified to the Red            abetting torture also prohibit sending some-           US in 2002 . To wit:
                                      Cross, or to their families. Many are clearly           one to a country where there is a substantial             In May 2008, the US government reported
                                      innocent, and several cases, including one in           likelihood they may be tortured. Article 3 of          to the United Nations that it has been hold-
                                      Canada and one in Germany, have demon-                  CAT prohibits forced return where there is a           ing upwards of 2,500 children under the age of
                                      strably been shown subsequently to have                 ‘‘substantial likelihood’’ that an individual          18 as ‘‘enemy combatants’’ at detention cen-
                                      been in error, because of a similarity of               ‘‘may be in danger of’’ torture, and has been          ters in Iraq, Afghanistan and at Guantanamo
                                      names or because of misinformation pro-                 implemented by federal statute. Article 7 of           Bay (where there was a special center, Camp
                                      vided to US authorities.                                the ICCPR prohibits return to country of ori-          Iguana, established just for holding chil-
                                         Such a policy is in clear violation of US            gin where individuals may be ‘‘at risk’’ of ei-        dren). The length of these detentions has fre-
                                      and International Law, and has placed the               ther torture or cruel, inhuman or degrading            quently exceeded a year, and in some cases
                                      United States in the position of a pariah               treatment.                                             has stretched to five years. Some of these de-
                                      state. The CIA has no law enforcement au-                  Under international Human Rights law,               tainees have reached adulthood in detention
                                      thority, and cannot legally arrest or detain            transferring a POW to any nation where he              and are now not being reported as child de-
                                      anyone. The program of ‘‘extraordinary ren-             or she is likely to be tortured or inhumanely          tainees because they are no longer children.
                                      dition’’ authorized by the president is the             treated violates Article 12 of the Third Gene-            In addition to detaining children as
                                      substantial equivalent of the policies of ‘‘dis-        va Convention, and transferring any civilian           ‘‘enemy combatants,’’ it has been widely re-
                                      appearing’’ people, practices widely prac-              who is a protected person under the Fourth             ported in media reports that the US military
                                      ticed and universally condemned in the mili-            Geneva Convention is a grave breach and a              in Iraq has, based upon Pentagon rules of en-
                                      tary dictatorships of Latin America during              criminal act.                                          gagement, been treating boys as young as 14
                                      the late 20th Century.                                     In situations of armed conflict, both inter-        years of age as ‘‘potential combatants,’’ sub-
                                         The administration has claimed that prior            national human rights law and humanitarian             ject to arrest and even to being killed. In
                                      administrations have practiced extraor-                 law apply. A person captured in the zone of            Fallujah, in the days ahead of the November
                                      dinary rendition, but, while this is tech-              military hostilities ‘‘must have some status           2004 all-out assault, Marines ringing the city
                                      nically true, earlier renditions were used              under international law; he is either a pris-          were reported to be turning back into the
                                      only to capture people with outstanding ar-             oner of war and, as such, covered by the               city men and boys ‘‘of combat age’’ who were
                                      rest warrants or convictions who were out-              Third Convention, [or] a civilian covered by           trying to flee the impending scene of battle—
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                                      side in order to deliver them to stand trial or         the Fourth Convention. . . . There is no in-           an act which in itself is a violation of the
                                      serve their sentences in the US. The presi-             termediate status; nobody in enemy hands               Geneva Conventions, which require combat-
                                      dent has refused to divulge how many people             can be outside the law.’’ Although the state           ants to permit anyone, combatants as well
                                      have been subject to extraordinary rendition            is obligated to repatriate Prisoners of War as         as civilians, to surrender, and to leave the
                                      since September, 2001. It is possible that              soon as hostilities cease, the ICRC’s com-             scene of battle.




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                     H5099
                                         Under the Fourth Geneva Convention, to                  Evidence suggests that the Bush Adminis-            cupation force in Iraq. Among the groups the
                                      which the United States has been a signa-               tration’s attempts to portray Iran as a                U.S. DOD is supporting, according to this re-
                                      tory since 1949, children under the age of 15           threat are part of a broader U.S. policy to-           port, is the Party for Free Life in Kurdistan,
                                      captured in conflicts, even if they have been           ward Iran. On September 30, 2001, then-Sec-            known by its Kurdish acronym, PEJAK. The
                                      fighting, are to be considered victims, not             retary of Defense Donald Rumsfeld estab-               United States has provided ‘‘foodstuffs, eco-
                                      prisoners. In 2002, the United States signed            lished an official military objective of over-         nomic assistance, medical supplies and Rus-
                                      the Optional Protocol to the Geneva Conven-             turning the regime in Iran, as well as those           sian military equipment, some of it funneled
                                      tion on the Rights of the Child on the In-              in Iraq, Syria, and four other countries in            through nonprofit groups.’’
                                      volvement of children in Armed Conflict,                the Middle East, according to a document                  In May 2008, Andrew Cockburn reported on
                                      which raised this age for this category of              quoted in then-Undersecretary of Defense for           Counter Punch that President Bush, six
                                      ‘‘protected person’’ to under 18.                       Policy Douglas Feith’s book, ‘‘War and Deci-           weeks earlier had signed a secret finding au-
                                         The continued detention of such children,            sion.’’                                                thorizing a covert offensive against the Ira-
                                      some as young as 10, by the US military is a               General Wesley Clark, reports in his book           nian regime. President Bush’s secret direc-
                                      violation of both convention and protocol,              ‘‘Winning Modern Wars’’ being told by a                tive covers actions across an area stretching
                                      and as such constitutes a war crime for                 friend in the Pentagon in November 2001 that           from Lebanon to Afghanistan, and purports
                                      which the president, as commander in chief,             the list of governments that Rumsfeld and              to sanction actions up to and including the
                                      bears full responsibility.                              Deputy Secretary of Defense Paul Wolfowitz             funding of organizations like the MEK and
                                         In all of these actions and decisions, Presi-        planned to overthrow included Iraq, Iran,              the assassination of public officials.
                                      dent George W. Bush has acted in a manner               Syria, Libya, Sudan, and Somalia. Clark                   All of these actions by the president and
                                      contrary to his trust as President and Com-             writes that the list also included Lebanon.            his agents and subordinates exhibit a dis-
                                      mander in Chief, and subversive of constitu-               Journalist Gareth Porter reported in May            regard for the truth and a recklessness with
                                      tional government, to the prejudice of the              2008 asking Feith at a public event which of           regard to national security, nuclear pro-
                                      cause of law and justice and to the manifest            the six regimes on the Clark list were in-             liferation and the global role of the United
                                      injury of the people of the United States.              cluded in the Rumsfeld paper, to which Feith           States military that is not merely unaccept-
                                      Wherefore, President George W. Bush, by                 replied ‘‘All of them.’’                               able but dangerous in a commander-in-chief.
                                      such conduct, is guilty of an impeachable of-              Rumsfeld’s aides also drafted a second                 In all of these actions and decisions, Presi-
                                      fense warranting removal from office.                   version of the paper, as instructions to all           dent George W. Bush has acted in a manner
                                      ARTICLE XXI.—MISLEADING CONGRESS AND THE                military commanders in the development of              contrary to his trust as President and Com-
                                        AMERICAN PEOPLE ABOUT THREATS FROM                    ‘‘campaign plans against terrorism’’. The              mander in Chief, and subversive of constitu-
                                        IRAN, AND SUPPORTING TERRORIST ORGANIZA-              paper called for military commanders to as-            tional government, to the prejudice of the
                                        TIONS WITHIN IRAN, WITH THE GOAL OF OVER-             sist other government agencies ‘‘as directed’’         cause of law and justice and to the manifest
                                        THROWING THE IRANIAN GOVERNMENT                       to ‘‘encourage populations dominated by ter-           injury of the people of the United States.
                                        In his conduct while President of the                 rorist organizations or their supporters to            Wherefore, President George W. Bush, by
                                      United States, George W. Bush, in violation             overthrow that domination.’’                           such conduct, is guilty of an impeachable of-
                                      of his constitutional oath to faithfully exe-              In January 2005, Seymour Hersh reported             fense warranting removal from office.
                                      cute the office of President of the United              in the New Yorker Magazine that the Bush
                                                                                                                                                           ARTICLE XXII—CREATING SECRET LAWS
                                      States and, to the best of his ability, pre-            Administration had been conducting secret
                                      serve, protect, and defend the Constitution             reconnaissance missions inside Iran at least              In his conduct while President of the
                                      of the United States, and in violation of his           since the summer of 2004.                              United States, George W. Bush, in violation
                                      constitutional duty to take care that the                  In June 2005 former United Nations weap-            of his constitutional oath to faithfully exe-
                                      laws be faithfully executed, has both person-           ons inspector Scott Ritter reported that               cute the office of President of the United
                                      ally and acting through his agents and sub-             United States security forces had been send-           States and, to the best of his ability, pre-
                                      ordinates misled the Congress and the citi-             ing members of the Mujahedeen-e Khalq                  serve, protect, and defend the Constitution
                                      zens of the United States about a threat of             (MEK) into Iranian territory. The MEK has              of the United States, and in violation of his
                                      nuclear attack from the nation of Iran.                 been designated a terrorist organization by            constitutional duty under Article II, Section
                                        The National Intelligence Estimate re-                the United States, the European Union, Can-            3 of the Constitution ‘‘to take care that the
                                      leased to Congress and the public on Decem-             ada, Iraq, and Iran. Ritter reported that the          laws be faithfully executed’’, has both per-
                                      ber 4, 2007, which confirmed that the govern-           United States Central Intelligence Agency              sonally and acting through his agents and
                                      ment of the nation of Iran had ceased any ef-           (CIA) had used the MEK to carry out remote             subordinates, together with the Vice Presi-
                                      forts to develop nuclear weapons, was com-              bombings in Iran.                                      dent, established a body of secret laws
                                      pleted in 2006. Yet, the president and his                 In April 2006, Hersh reported in the New            through the issuance of legal opinions by the
                                      aides continued to suggest during 2007 that             Yorker Magazine that U.S. combat troops                Department of Justice’s Office of Legal
                                      such a nuclear threat was developing and                had entered and were operating in Iran,                Counsel (OLC).
                                      might already exist. National Security Ad-              where they were working with minority                     The OLC’s March 14, 2003, interrogation
                                      viser Stephen Hadley stated at the time the             groups including the Azeris, Baluchis, and             memorandum (‘‘Yoo Memorandum’’) was de-
                                      National Intelligence Estimate regarding                Kurds.                                                 classified years after it served as law for the
                                      Iran was released that the president had                   Also in April 2006, Larisa Alexandrovna re-         executive branch. On April 29, 2008, House
                                      been briefed on its findings ‘‘in the last few          ported on Raw Story that the U.S. Depart-              Judiciary Committee Chairman John Con-
                                      months.’’ Hadley’s statement establishes a              ment of Defense (DOD) was working with and             yers and Subcommittee on the Constitution,
                                      timeline that shows the president knowingly             training the MEK, or former members of the             Civil Rights and Civil Liberties Chairman
                                      sought to deceive Congress and the American             MEK, sending them to commit acts of vio-               Jerrold Nadler wrote in a letter to Attorney
                                      people about a nuclear threat that did not              lence in southern Iran in areas where recent           General Michael Mukasey:
                                      exist.                                                  attacks had left many dead. Raw Story re-                 ‘‘It appears to us that there was never any
                                        Hadley has stated that the president ‘‘was            ported that the Pentagon had adopted the               legitimate basis for the purely legal analysis
                                      basically told: stand down’’ and, yet, the              policy of supporting MEK shortly after the             contained in this document to be classified
                                      president and his aides continued to make               2003 invasion of Iraq, and in response to the          in the first place. The Yoo Memorandum
                                      false claims about the prospect that Iran was           influence of Vice President Richard B. Che-            does not describe sources and methods of in-
                                      trying to ‘‘build a nuclear weapon’’ that               ney’s office. Raw Story subsequently re-               telligence gathering, or any specific facts re-
                                      could lead to ‘‘World War III.’’                        ported that no Presidential finding, and no            garding any interrogation activities. In-
                                        This evidence establishes that the presi-             Congressional oversight, existed on MEK op-            stead, it consists almost entirely of the De-
                                      dent actively engaged in and had full knowl-            erations.                                              partment’s legal views, which are not prop-
                                      edge of a campaign by his administration to                In March 2007, Hersh reported in the New            erly kept secret from Congress and the
                                      make a false ‘‘case’’ for an attack on Iran,            Yorker Magazine that the Bush administra-              American people. J. William Leonard, the
                                      thus warping the national security debate at            tion was attempting to stem the growth of              Director of the National Archive’s Office of
                                      a critical juncture and creating the prospect           Shiite influence in the Middle East (specifi-          Information Security Oversight Office, and a
                                      of an illegal and unnecessary attack on a               cally the Iranian government and Hezbollah             top expert in this field concurs, commenting
                                      sovereign nation.                                       in Lebanon) by funding violent Sunni organi-           that ‘[t]he document in question is purely a
                                        Even after the National Intelligence Esti-            zations, without any Congressional author-             legal analysis’ that contains ‘nothing which
                                      mate was released to Congress and the Amer-             ization or oversight. Hersh said funds had             would justify classification.’ In addition, the
                                      ican people, the president stated that he did           been given to ‘‘three Sunni jihadist groups            Yoo Memorandum suggests an extraordinary
                                      not believe anything had changed and sug-               . . . connected to al Qaeda’’ that ‘‘want to           breadth and aggressiveness of OLC’s secret
                                      gested that he and members of his adminis-              take on Hezbollah.’’                                   legal opinion-making. Much attention has
                                      tration would continue to argue that Iran                  In April 2008, the Los Angeles Times re-            rightly been given to the statement in foot-
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                                      should be seen as posing a threat to the                ported that conflicts with insurgent groups            note 10 in the March 14, 2003, memorandum
                                      United States. He did this despite the fact             along Iran’s borders were understood by the            that, in an October 23, 2001, opinion, OLC
                                      that United States intelligence agencies had            Iranian government as a proxy war with the             concluded ‘that the Fourth Amendment had
                                      clearly and officially stated that this was             United States and were leading Iran to sup-            no application to domestic military oper-
                                      not the case.                                           port its allies against the United States’ oc-         ations.’ As you know, we have requested a




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                                      H5100                                              CONGRESSIONAL RECORD — HOUSE                                                             June 9, 2008
                                      copy of that memorandum on no less than                 efforts to get the Court’s blessing for its ille-         (a) has used military forces for law en-
                                      four prior occasions and we continue to de-             gal wiretapping activities, we now know that           forcement purposes on U.S. border patrol;
                                      mand access to this important document.                 the Court’s role is broader, and that it is               (b) has established a program to use mili-
                                        ‘‘In addition to this opinion, however, the           very much engaged in substantive interpre-             tary personnel for surveillance and informa-
                                      Yoo Memorandum references at least 10                   tations of the governing statute. These in-            tion on criminal activities;
                                      other OLC opinions on weighty matters of                terpretations are as much a part of this                  (c) is using military espionage equipment
                                      great interest to the American people that              country’s surveillance law as the statute              to collect intelligence information for law
                                      also do not appear to have been released.               itself. Without access to them, it is impos-           enforcement use on civilians within the
                                      These appear to cover matters such as the               sible for Congress or the public to have an            United States; and
                                      power of Congress to regulate the conduct of            informed debate on matters that deeply af-                (d) employs active duty military personnel
                                      military commissions, legal constraints on              fect the privacy and civil liberties of all            in surveillance agencies, including the Cen-
                                      the ‘military detention of United States citi-          Americans . . .                                        tral Intelligence Agency (CIA).
                                      zens,’ legal rules applicable to the boarding             ‘‘The Administration’s shroud of secrecy                In June 2006, President Bush ordered Na-
                                      and searching foreign ships, the President’s            extends to agency rules and executive pro-             tional Guard troops deployed to the border
                                      authority to render U.S. detainees to the               nouncements, such as Executive Orders, that            shared by Mexico with Arizona, Texas, and
                                      custody of foreign governments, and the                 carry the force of law. Through the diligent           California. This deployment, which by 2007
                                      President’s authority to breach or suspend              efforts of my colleague Senator Whitehouse,            reached a maximum of 6,000 troops, had or-
                                      U.S. treaty obligations. Furthermore, it has            we have learned that OLC has taken the po-             ders to ‘‘conduct surveillance and operate de-
                                      been more than five years since the Yoo                 sition that a President can ‘waive’ or ‘mod-           tection equipment, work with border entry
                                      Memorandum was authored, raising the                    ify’ a published Executive Order without any           identification teams, analyze information,
                                      question how many other such memoranda                  notice to the public or Congress simply by             assist with communications and give admin-
                                      and letters have been secretly authored and             not following it.’’                                    istrative support to the Border Patrol’’ and
                                      utilized by the Administration.                           In all of these actions and decisions, Presi-        concerned ‘‘. . . providing intelligence, in-
                                        ‘‘Indeed, a recent court filing by the De-            dent George W. Bush has acted in a manner              specting cargo, and conducting surveil-
                                      partment in FOIA litigation involving the               contrary to his trust as President and Com-            lance.’’
                                      Central Intelligence Agency identifies 8 addi-          mander in Chief, and subversive of constitu-              The Air Force’s ‘‘Eagle Eyes’’ program en-
                                      tional secret OLC opinions, dating from Au-             tional government, to the prejudice of the             courages Air Force military staff to gather
                                      gust 6, 2004, to February 18, 2007. Given that          cause of law and justice and to the manifest           evidence on American citizens. Eagle Eyes
                                      these reflect only OLC memoranda identified             injury of the people of the United States.             instructs Air Force personnel to engage in
                                      in the files of the CIA, and based on the sam-          Wherefore, President George W. Bush, by                surveillance and then advises them to ‘‘alert
                                      pling procedures under which that listing               such conduct, is guilty of an impeachable of-          local authorities,’’ asking military staff to
                                      was generated, it appears that these rep-               fense warranting removal from office.                  surveil and gather evidence on public citi-
                                      resent only a small portion of the secret OLC             In all of these actions and decisions, Presi-        zens. This contravenes DoD Directive 5525.5
                                      memoranda generated during this time, with              dent George W. Bush has acted in a manner              ‘‘SUBJECT: DoD Cooperation with Civilian
                                      the true number almost certainly much                   contrary to his trust as President, and sub-           Law Enforcement’’ which limits such activi-
                                      higher.’’                                               versive of constitutional government, to the           ties.
                                        Senator Russ Feingold, in a statement dur-            prejudice of the cause of law and justice and             President Bush has implemented a pro-
                                      ing an April 30, 2008, senate hearing stated:           to the manifest injury of the people of the            gram to use imagery from military satellites
                                        ‘‘It is a basic tenet of democracy that the           United States. Wherefore, President George             for domestic law enforcement through the
                                      people have a right to know the law. In keep-           W. Bush, by such conduct, is guilty of an im-          National Applications Office.
                                      ing with this principle, the laws passed by             peachable offense warranting removal from                 President Bush has assigned numerous ac-
                                      Congress and the case law of our courts have            office.                                                tive duty military personnel to civilian in-
                                      historically been matters of public record.                                                                    stitutions such as the CIA and the Depart-
                                                                                                  ARTICLE XXIII—VIOLATION OF THE POSSE
                                      And when it became apparent in the middle                                                                      ment of Homeland Security, both of which
                                                                                                                COMITATUS ACT
                                      of the 20th century that federal agencies                                                                      have responsibilities for law enforcement
                                                                                                In his conduct while President of the                and intelligence.
                                      were increasingly creating a body of non-               United States, George W. Bush, in violation
                                      public administrative law, Congress passed                                                                        In addition, on May 9, 2007, President Bush
                                                                                              of his constitutional oath to faithfully exe-          released ‘‘National Security Presidential Di-
                                      several statutes requiring this law to be               cute the office of President of the United
                                      made public, for the express purpose of pre-                                                                   rective/NSPD 51,’’ which effectively gives the
                                                                                              States and, to the best of his ability, pre-           president unchecked power to control the en-
                                      venting a regime of ‘secret law.’ That pur-             serve, protect, and defend the Constitution
                                      pose today is being thwarted. Congressional                                                                    tire government and to define that govern-
                                                                                              of the United States, and in violation of his          ment in time of an emergency, as well as the
                                      enactments and agency regulations are for               constitutional duty under Article II, Section
                                      the most part still public. But the law that                                                                   power to determine whether there is an
                                                                                              3 of the Constitution ‘‘to take care that the          emergency. The document also contains
                                      applies in this country is determined not               laws be faithfully executed’’, has both per-
                                      only by statutes and regulations, but also by                                                                  ‘‘classified Continuity Annexes.’’ In July 2007
                                                                                              sonally and acting through his agents and              and again in August 2007 Rep. Peter DeFazio,
                                      the controlling interpretations of courts and,          subordinates, repeatedly and illegally estab-
                                      in some cases, the executive branch. More                                                                      a senior member of the House Homeland Se-
                                                                                              lished programs to appropriate the power of            curity Committee, sought access to the clas-
                                      and more, this body of executive and judicial           the military for use in law enforcement. Spe-
                                      law is being kept secret from the public, and                                                                  sified annexes. DeFazio and other leaders of
                                                                                              cifically, he has contravened U.S.C. Title 18,         the Homeland Security Committee, includ-
                                      too often from Congress as well. . . .                  Section 1385, originally enacted in 1878, sub-
                                        ‘‘A legal interpretation by the Justice De-                                                                  ing Chairman Bennie Thompson, have been
                                                                                              sequently amended as ‘‘Use of Army and Air             denied a review of the Continuity of Govern-
                                      partment’s Office of Legal Counsel . . . binds          Force as Posse Comitatus’’ and commonly
                                      the entire executive branch, just like a regu-                                                                 ment classified annexes.
                                                                                              known as the Posse Comitatus Act.                         In all of these actions and decisions, Presi-
                                      lation or the ruling of a court. In the words             The Act states:
                                      of former OLC head Jack Goldsmith, ‘These                                                                      dent George W. Bush has acted in a manner
                                                                                                ‘‘Whoever, except in cases and under cir-            contrary to his trust as President and Com-
                                      executive branch precedents are ‘‘law’’ for             cumstances expressly authorized by the Con-
                                      the executive branch.’ The Yoo memo-                                                                           mander in Chief, and subversive of constitu-
                                                                                              stitution or Act of Congress, willfully uses           tional government, to the prejudice of the
                                      randum was, for a nine-month period in 2003             any part of the Army or the Air Force as a
                                      until it was withdrawn by Mr. Goldsmith,                                                                       cause of law and justice and to the manifest
                                                                                              posse comitatus or otherwise to execute the            injury of the people of the United States.
                                      the law that this Administration followed               laws shall be fined under this title or impris-
                                      when it came to matters of torture. And of                                                                     Wherefore, President George W. Bush, by
                                                                                              oned not more than two years, or both.’’               such conduct, is guilty of an impeachable of-
                                      course, that law was essentially a declara-               The Posse Comitatus Act is designed to
                                      tion that few if any laws applied . . .                                                                        fense warranting removal from office.
                                                                                              prevent the military from becoming a na-
                                        ‘‘Another body of secret law is the control-          tional police force.                                   ARTICLE XXIV.—SPYING ON AMERICAN CITIZENS,
                                      ling interpretations of the Fo reign Intel-               The Declaration of Independence states as               WITHOUT A COURT-ORDERED WARRANT, IN VIO-
                                      ligence Surveillance Act that are issued by             a specific grievance against the British that             LATION OF THE LAW AND THE FOURTH AMEND-
                                      the Foreign Intelligence Surveillance Court.            the King had ‘‘kept among us, in times of                MENT
                                      FISA, of course, is the law that governs the            peace, Standing Armies without the consent               In his conduct while President of the
                                      government’s ability in intelligence inves-             of our legislatures,’’ had ‘‘affected to render        United States, George W. Bush, in violation
                                      tigations to conduct wiretaps and search the            the Military independent of and superior to            of his constitutional oath to faithfully exe-
                                      homes of people in the United States. Under             the civil power,’’ and had ‘‘quarter[ed] large         cute the office of President of the United
                                      that statute, the FISA Court is directed to             bodies of armed troops among us . . . pro-             States and, to the best of his ability, pre-
                                      evaluate wiretap and search warrant applica-            tecting them, by a mock trial, from punish-            serve, protect, and defend the Constitution
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                                      tions and decide whether the standard for               ment for any murders which they should                 of the United States, and in violation of his
                                      issuing a warrant has been met—a largely                commit on the inhabitants of these States’’            constitutional duty under Article II, Section
                                      factual evaluation that is properly done be-              Despite the Posse Comitatus Act’s intent,            3 of the Constitution ‘‘to take care that the
                                      hind closed doors. But with the evolution of            and in contravention of the law, President             laws be faithfully executed,’’ has both per-
                                      technology and with this Administration’s               Bush:                                                  sonally and acting through his agents and




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                     H5101
                                      subordinates, knowingly violated the fourth               (3) The President ordered the surveillance           the entire field with these statutes.’’ From
                                      Amendment to the Constitution and the For-              to be conducted in a way that would spy                the ‘‘Presidential Authority to Conduct
                                      eign Intelligence Service Act of 1978 (FISA)            upon     private   communications        between       Warrantless Electronic Surveillance to
                                      by authorizing warrantless electronic sur-              American citizens located within the United            Gather Foreign Intelligence Information’’ by
                                      veillance of American citizens to wit:                  States borders as evidenced by the following:          the Congressional Research Service on Janu-
                                        (1) The President was aware of the FISA                 (A) Mark Klein, a retired AT&T commu-                ary 5, 2006.
                                      Law requiring a court order for any wiretap             nications technician, submitted an affidavit              (G) ‘‘The inescapable conclusion is that the
                                      as evidenced by the following:                          in support of the Electronic Frontier Foun-            AUMF did not implicitly authorize what the
                                        (A) ‘‘Now, by the way, any time you hear              dation’s FF’s lawsuit against AT&T. He tes-            FISA expressly prohibited. It follows that
                                      the United States government talking about              tified that in 2003 he connected a ‘‘splitter’’        the presidential program of surveillance at
                                      wiretap, it requires—a wiretap requires a               that sent a copy of Internet traffic and               issue here is a violation of the separation of
                                      court order. Nothing has changed, by the                phone calls to a secure room that was oper-            powers—as grave an abuse of executive au-
                                      way. When we’re talking about chasing down              ated by the NSA in the San Francisco office            thority as I can recall ever having studied.’’
                                      terrorists, we’re talking about getting a               of AT&T. He heard from a co-worker that                Letter from Harvard Law Professor Law-
                                      court order before we do so.’’ White House              similar rooms were being constructed in                rence Tribe to John Conyers on 1/6/06.
                                      Press conference on April 20, 2004. [White              other cities, including Seattle, San Jose, Los            (H) On August 17, 2006 Judge Anna Diggs
                                      House Transcript]                                       Angeles and San Diego. From ‘‘Whistle-                 Taylor of the United States District Court in
                                        (B) ‘‘Law enforcement officers need a fed-            Blower Outs NSA Spy Room,’’ Wired News, 4/             Detroit, in ACLU v. NSA, ruled that the
                                      eral judge’s permission to wiretap a foreign            7/06 [Wired] [EFF Case]                                ‘‘NSA program to wiretap the international
                                      terrorist’s phone, or to track his calls, or to           (4) The President asserted an inherent au-           communications of some Americans without
                                      search his property. Officers must meet                 thority to conduct electronic surveillance             a court warrant violated the Constitution.
                                      strict standards to use any of the tools we’re          based on the Constitution and the ‘‘Author-            . . . Judge Taylor ruled that the program
                                      talking about.’’ President Bush’s speech in             ization to use Military Force in Iraq’’                violated both the Fourth Amendment and a
                                      Baltimore Maryland on July 20th 2005.                   (AUMF) that was not legally valid as evi-              1978 law that requires warrants from a secret
                                      [White House Transcript]                                denced by the following:
                                        (2) The President repeatedly ordered the                                                                     court for intelligence wiretaps involving peo-
                                                                                                (A) In a December 19th, 2005 Press Briefing          ple in the United States. She rejected the ad-
                                      NSA to place wiretaps on American citizens              General Alberto Gonzales admitted that the
                                      without requesting a warrant from FISA as                                                                      ministration’s repeated assertions that a
                                                                                              surveillance authorized by the President was           2001 Congressional authorization and the
                                      evidenced by the following:                             not only done without FISA warrants, but
                                        (A) ‘‘Months after the Sept. 11 attacks,                                                                     president’s constitutional authority allowed
                                                                                              that the nature of the surveillance was so far         the program.’’ From a New York Times arti-
                                      President Bush secretly authorized the Na-
                                                                                              removed from what FISA can approve that                cle ‘‘Judge Finds Wiretap Actions Violate
                                      tional Security Agency to eavesdrop on
                                                                                              FISA could not even be amended to allow it.            the Law’’ 8/18/06 and the Memorandum Opin-
                                      Americans and others inside the United
                                                                                              Gonzales stated ‘‘We have had discussions              ion.
                                      States to search for evidence of terrorist ac-
                                      tivity without the court-approved warrants              with Congress in the past—certain members                 (I) In July 2007, the Sixth Circuit Court of
                                      ordinarily required for domestic spying, ac-            of Congress—as to whether or not FISA                  Appeals dismissed the case, ruling the plain-
                                      cording to government officials.’’ New York             could be amended to allow us to adequately             tiffs had no standing to sue because, given
                                      Times article by James Risen and Eric                   deal with this kind of threat, and we were             the secretive nature of the surveillance, they
                                      Lichtblau on December 12, 2005. [NYTimes]               advised that that would be difficult, if not           could not state with certainty that they
                                        (B) The President admits to authorizing               impossible.’’.                                         have been wiretapped by the NSA. This rul-
                                      the program by stating ‘‘I have reauthorized              (B) The fourth amendment to the United               ing did not address the legality of the sur-
                                      this program more than 30 times since the               States Constitution states ‘‘The right of the          veillance so Judge Taylor’s decision is the
                                      September the 11th attacks, and I intend to             people to be secure in their persons, houses,          only ruling on that issue. [ACLU Legal Doc-
                                      do so for as long as our nation faces a con-            papers, and effects, against unreasonable              uments]
                                      tinuing threat from al Qaeda and related                searches and seizures, shall not be violated,             In all of these actions and decisions, Presi-
                                      groups. The NSA’s activities under this au-             and no Warrants shall issue, but upon prob-            dent George W. Bush has acted in a manner
                                      thorization are thoroughly reviewed by the              able cause, supported by Oath or affirmation,          contrary to his trust as President and Com-
                                      Justice Department and NSA’s top legal offi-            and particularly describing the place to be            mander in Chief, and subversive of constitu-
                                      cials, including NSA’s general counsel and              searched, and the persons or things to be              tional government, to the prejudice of the
                                      inspector general. Leaders in Congress have             seized.’’                                              cause of law and justice and to the manifest
                                      been briefed more than a dozen times on this              (C) ‘‘The Foreign Intelligence Surveillance          injury of the people of the United States.
                                      authorization and the activities conducted              Act of 1978 unambiguously limits war-                  Wherefore, President George W. Bush, by
                                      under it.’’ Radio Address from the White                rantless domestic electronic surveillance,             such conduct, is guilty of an impeachable of-
                                      House on December 17, 2005. [White House                even in a congressionally declared war, to             fense warranting removal from office.
                                      Transcript]                                             the first 15 days of that war; criminalizes
                                                                                                                                                     ARTICLE       XXV.—DIRECTING     TELECOMMUNI-
                                        (C) In a December 19th 2005 press con-                any such electronic surveillance not author-
                                                                                                                                                       CATIONS COMPANIES TO CREATE AN ILLEGAL
                                      ference the President publicly admitted to              ized by statute; and expressly establishes
                                                                                                                                                       AND UNCONSTITUTIONAL DATABASE OF THE
                                      using a combination of surveillance tech-               FISA and two chapters of the federal crimi-
                                                                                                                                                       PRIVATE TELEPHONE NUMBERS AND EMAILS
                                      niques including some with permission from              nal code, governing wiretaps for intelligence
                                                                                                                                                       OF AMERICAN CITIZENS
                                      the FISA courts and some without permis-                purposes and for criminal investigation, re-
                                      sion from FISA.                                         spectively, as the ‘‘exclusive means by which            In his conduct while President of the
                                        Reporter: It was, why did you skip the                electronic surveillance . . . and the intercep-        United States, George W. Bush, in violation
                                      basic safeguards of asking courts for permis-           tion of domestic wire, oral, and electronic            of his constitutional oath to faithfully exe-
                                      sion for the intercepts?                                communications may be conducted.’’ 50                  cute the office of President of the United
                                        The President: . . . We use FISA still—               U.S.C. 1811, 1809, 18 U.S.C. 2511(2)(f).’’ Letter      States and, to the best of his ability, pre-
                                      you’re referring to the FISA court in your              from Harvard Law Professor Lawrence Tribe              serve, protect, and defend the Constitution
                                      question—of course, we use FISAs. But FISA              to John Conyers on 1/6/06.                             of the United States, and in violation of his
                                      is for long-term monitoring. What is needed               (D) In a December 19th, 2005 Press Briefing          constitutional duty under Article II, Section
                                      in order to protect the American people is              Attorney General Alberto Gonzales stated               3 of the Constitution ‘‘to take care that the
                                      the ability to move quickly to detect. Now,             ‘‘Our position is, is that the authorization to        laws be faithfully executed,’’ has both per-
                                      having suggested this idea, I then, obviously,          use force, which was passed by the Congress            sonally and acting through his agents and
                                      went to the question, is it legal to do so? I           in the days following September 11th, con-             subordinates, violated the Stored Commu-
                                      am—I swore to uphold the laws. Do I have                stitutes that other authorization, that other          nications Act of 1986 and the Telecommuni-
                                      the legal authority to do this? And the an-             statute by Congress, to engage in this kind            cations Act of 1996 by creating of a very
                                      swer is, absolutely. As I mentioned in my re-           of signals intelligence.’’                             large database containing information re-
                                      marks, the legal authority is derived from                (E) The ‘‘Authorization to use Military              lated to the private telephone calls and
                                      the Constitution, as well as the authoriza-             Force in Iraq’’ does not give any explicit au-         emails of American citizens, to wit:
                                      tion of force by the United States Congress.’’          thorization related to electronic surveil-               The    President   requested    that   tele-
                                      [White House Transcript]                                lance. [HJRes114]                                      communication companies release customer
                                        (D) Mike McConnel, the Director of Na-                  (F) ‘‘From the foregoing analysis, it ap-            phone records to the government illegally as
                                      tional Intelligence, in a letter to to Senator          pears unlikely that a court would hold that            evidenced by the following:
                                      Arlen Specter, acknowledged that Bush’s Ex-             Congress has expressly or impliedly author-              ‘‘The Stored Communications Act of 1986
                                      ecutive Order in 2001 authorized a series of            ized the NSA electronic surveillance oper-             (SCA) prohibits the knowing disclosure of
                                      secret surveillance activities and included             ations here under discussion, and it would             customer telephone records to the govern-
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                                      undisclosed activities beyond the war-                  likewise appear that, to the extent that               ment unless pursuant to subpoena, warrant
                                      rantless surveillance of e-mails and phone              those surveillances fall within the definition         or a National Security Letter (or other Ad-
                                      calls that Bush confirmed in December 2005.             of ‘‘electronic surveillance’’ within the              ministrative subpoena); with the customers
                                      ‘‘NSA Spying Part of Broader Effort’’ by Dan            meaning of FISA or any activity regulated              lawful consent; or there is a business neces-
                                      Eggen, Washington Post, 8/1/07.                         under Title III, Congress intended to cover            sity; or an emergency involving the danger




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                                      H5102                                              CONGRESSIONAL RECORD — HOUSE                                                             June 9, 2008
                                      of death or serious physical injury. None of            of the Secretary of State, issued April 25,             and confusion, most often in the weeks im-
                                      these exceptions apply to the circumstance              2007;                                                   mediately preceding an election, in order
                                      described in the USA Today story.’’ From                  A House Judiciary Committee subpoena for              that public confidence in the suitability for
                                      page 169, ‘‘George W Bush versus the US Con-            the testimony of former White House Coun-               office of Democratic Party leaders, can-
                                      stitution.’’ Compiled at the direction of Rep-          sel Harriet Miers and documents, issued                 didates and elected officials be undermined;
                                      resentative John Conyers.                               June 13, 2007;                                            Direct United States Attorneys to termi-
                                        According to a May 11, 2006 article in USA              A Senate Judiciary Committee subpoena                 nate or scale back existing investigations of
                                      Today by Lesley Cauley ‘‘The National Secu-             for documents and testimony of White House              certain Republican Party leaders, candidates
                                      rity Agency has been secretly collecting the            Chief of Staff Joshua Bolten, issued June 13,           and elected officials allied with the George
                                      phone call records of tens of millions of               2007;                                                   W. Bush administration, and to refuse to
                                      Americans, using data provided by AT&T,                   A Senate Judiciary Committee subpoena                 pursue new or proposed investigations of cer-
                                      Verizon and BellSouth.’’ An unidentified                for documents and testimony of White House              tain Republican Party leaders, candidates
                                      source said ‘The agency’s goal is to create a           Political Director Sara Taylor, issued June             and elected officials allied with the George
                                      database of every call ever made within the             13, 2007 (Taylor appeared but refused to an-            W. Bush administration, in order that public
                                      nation’s borders.’’                                     swer questions);                                        confidence in the suitability of such Repub-
                                        In early 2001, Qwest CEO Joseph Nacchio                 A Senate Judiciary Committee subpoena                 lican Party leaders, candidates and elected
                                      rejected a request from the NSA to turn over            for documents and testimony of White House              officials be bolstered or restored;
                                      customers records of phone calls, emails and            Deputy Chief of Staff Karl Rove, issued June              Threaten to terminate the employment of
                                      other Internet activity. Nacchio believed               26, 2007;                                               the following United States Attorneys who
                                      that complying with the request would vio-                A Senate Judiciary Committee subpoena                 refused to comply with such directives and
                                      late the Telecommunications Act of 1996.                for documents and testimony of White House              purposes;
                                      From National Journal, November 2, 2007.                Deputy Political Director J. Scott Jennings,              David C. Iglesias as U.S. Attorney for the
                                        In all of these actions and decisions, Presi-         issued June 26, 2007 (Jennings appeared but             District of New Mexico;
                                      dent George W. Bush has acted in a manner               refused to answer questions);                             Kevin V. Ryan as U.S. Attorney for the
                                      contrary to his trust as President and Com-               A Senate Judiciary Committee subpoena                 Northern District of California;
                                      mander in Chief, and subversive of constitu-            for legal analysis and other documents con-               John L. McKay as U.S. Attorney for the
                                      tional government, to the prejudice of the                                                                      Western District of Washington;
                                                                                              cerning the NSA warrantless wiretapping
                                      cause of law and justice and to the manifest                                                                      Paul K. Charlton as U.S. Attorney for the
                                                                                              program from the White House, Vice Presi-
                                      injury of the people of the United States.                                                                      District of Arizona;
                                                                                              dent Richard Cheney, The Department of
                                      Wherefore, President George W. Bush, by                                                                           Carol C. Lam as U.S. Attorney for the
                                                                                              Justice, and the National Security Council.
                                      such conduct, is guilty of an impeachable of-                                                                   Southern District of California;
                                                                                              If the documents are not produced, the sub-               Daniel G. Bogden as U.S. Attorney for the
                                      fense warranting removal from office.
                                                                                              poena requires the testimony of White House             District of Nevada;
                                      ARTICLE XXVI.—ANNOUNCING THE INTENT TO                  chief of staff Josh Bolten, Attorney General
                                        VIOLATE LAWS WITH SIGNING STATEMENTS,
                                                                                                                                                        Margaret M. Chiara as U.S. Attorney for
                                                                                              Alberto Gonzales, Cheney chief of staff David           the Western District of Michigan;
                                        AND VIOLATING THOSE LAWS                              Addington, National Security Council execu-               Todd Graves as U.S. Attorney for the West-
                                        In his conduct while President of the                 tive director V. Philip Lago, issued June 27,           ern District of Missouri;
                                      United States, George W. Bush, in violation             2007;                                                     Harry E. ‘‘Bud’’ Cummins, III as U.S. At-
                                      of his constitutional oath to faithfully exe-             A House Oversight and Government Re-                  torney for the Eastern District of Arkansas;
                                      cute the office of President of the United              form Committee subpoena for Lt. General                   Thomas M. DiBiagio as U.S. Attorney for
                                      States and, to the best of his ability, pre-            Kensinger.                                              the District of Maryland, and;
                                      serve, protect, and defend the Constitution               In all of these actions and decisions, Presi-           Kasey Warner as U.S. Attorney for the
                                      of the United States, and in violation of his           dent George W. Bush has acted in a manner               Southern District of West Virginia.
                                      constitutional duty under Article II, Section           contrary to his trust as President and Com-               Further, George W. Bush has both person-
                                      3 of the Constitution ‘‘to take care that the           mander in Chief, and subversive of constitu-            ally and acting through his agents and sub-
                                      laws be faithfully executed,’’ has used sign-           tional government, to the prejudice of the              ordinates, together with the Vice President
                                      ing statements to claim the right to violate            cause of law and justice and to the manifest            conspired to obstruct the lawful Congres-
                                      acts of Congress even as he signs them into             injury of the people of the United States.              sional investigation of these dismissals of
                                      law.                                                    Wherefore, President George W. Bush, by                 United States Attorneys and the related
                                        In June 2007, the Government Account-                 such conduct, is guilty of an impeachable of-           scheme to undermine and tamper with the
                                      ability Office reported that in a sample of             fense warranting removal from office.                   conduct of free and fair elections, and to cor-
                                      Bush signing statements the office had stud-                                                                    rupt the administration of justice.
                                      ied, for 30 percent of them the Bush adminis-           ARTICLE XXVIII.—TAMPERING WITH FREE AND
                                                                                                                                                        Contrary to his oath faithfully to execute
                                      tration had already proceeded to violate the              FAIR ELECTIONS, CORRUPTION OF THE ADMIN-
                                                                                                                                                      the office of President of the United States
                                      laws the statements claimed the right to vio-                ISTRATION OF JUSTICE
                                                                                                                                                      and, to the best of his ability, preserve, pro-
                                      late.                                                     In his conduct while President of the                 tect, and defend the Constitution of the
                                        In all of these actions and decisions, Presi-         United States, George W. Bush, in violation             United States, and in violation of his con-
                                      dent George W. Bush has acted in a manner               of his constitutional oath to faithfully exe-           stitutional duty to take care that the laws
                                      contrary to his trust as President and Com-             cute the office of President of the United              be faithfully executed, George W. Bush has
                                      mander in Chief, and subversive of constitu-            States and, to the best of his ability, pre-            without lawful cause or excuse directed not
                                      tional government, to the prejudice of the              serve, protect, and defend the Constitution             to appear before the Committee on the Judi-
                                      cause of law and justice and to the manifest            of the United States, and in violation of his           ciary of the House of Representatives certain
                                      injury of the people of the United States.              constitutional duty under Article II, Section           witnesses summoned by duly authorized sub-
                                      Wherefore, President George W. Bush, by                 3 of the Constitution ‘‘to take care that the           poenas issued by that Committee on June 13,
                                      such conduct, is guilty of an impeachable of-           laws be faithfully executed,’’ has both per-            2007.
                                      fense warranting removal from office.                   sonally and acting through his agents and                 In refusing to permit the testimony of
                                      ARTICLE XXVII.—FAILING TO COMPLY WITH CON-              subordinates, conspired to undermine and                these witnesses George W. Bush, substituting
                                        GRESSIONAL SUBPOENAS AND INSTRUCTING                  tamper with the conduct of free and fair                his judgment as to what testimony was nec-
                                        FORMER EMPLOYEES NOT TO COMPLY                        elections, and to corrupt the administration            essary for the inquiry, interposed the powers
                                        In his conduct while President of the                 of justice by United States Attorneys and               of the Presidency against the lawful sub-
                                      United States, George W. Bush, in violation             other employees of the Department of Jus-               poenas of the House of Representatives,
                                      of his constitutional oath to faithfully exe-           tice, through abuse of the appointment                  thereby assuming to himself functions and
                                      cute the office of President of the United              power.                                                  judgments necessary to the exercise of the
                                      States and, to the best of his ability, pre-              Toward this end, the President and Vice               checking and balancing power of oversight
                                      serve, protect, and defend the Constitution             President, both personally and through their            vested in the House of Representatives.
                                      of the United States, and in violation of his           agents, did:                                              Further, the President has both personally
                                      constitutional duty under Article II, Section             Engage in a program of manufacturing                  and acting through his agents and subordi-
                                      3 of the Constitution ‘‘to take care that the           false allegations of voting fraud in targeted           nates, together with the Vice President di-
                                      laws be faithfully executed,’’ has both per-            jurisdictions where the Democratic Party                rected the United States Attorney for the
                                      sonally and acting through his agents and               enjoyed an advantage in electoral perform-              District of Columbia to decline to prosecute
                                      subordinates, refused to comply with Con-               ance or otherwise was problematic for the               for contempt of Congress the aforementioned
                                      gressional subpoenas, and instructed former             President’s Republican Party, in order that             witnesses, Joshua B. Bolten and Harriet E.
                                      employees not to comply with subpoenas.                 public confidence in election results favor-            Miers, despite the obligation to do so as es-
                                        Subpoenas not complied with include:                  able to the Democratic Party be undermined;             tablished by statute (2 USC § 194) and pursu-
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                                        A House Judiciary Committee subpoena for                Direct United States Attorneys to launch              ant to the direction of the United States
                                      Justice Department papers and Emails,                   and announce investigations of certain lead-            House of Representatives as embodied in its
                                      issued April 10, 2007;                                  ers, candidates and elected officials affiliated        resolution (H. Res. 982) of February 14, 2008.
                                        A House Oversight and Government Re-                  with the Democratic Party at times cal-                   In all of these actions and decisions, Presi-
                                      form Committee subpoena for the testimony               culated to cause the most political damage              dent George W. Bush has acted in a manner




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                    H5103
                                      contrary to his trust as President and Com-             and thus violating the civil rights of an un-          election would be disproportionately con-
                                      mander in Chief, and subversive of constitu-            known number of United States citizens.                centrated in urban African-American dis-
                                      tional government, to the prejudice of the                 a. In Franklin County, George W. Bush and           tricts.
                                      cause of law and justice and to the manifest            his agent, Ohio Secretary of State John Ken-             a. In Ohio’s Lucas County, which includes
                                      injury of the people of the United States.              neth Blackwell, Co-Chair of the Bush-Cheney            Toledo, 3,122 or 41.13% of the provisional bal-
                                      Wherefore, President George W. Bush, by                 Re-election Campaign, failed to protect the            lots went uncounted under the direction of
                                      such conduct, is guilty of an impeachable of-           rights of African-American voters by not               George W. Bush’s agent, the Secretary of
                                      fense warranting removal from office.                   properly investigating the withholding of 125          State of Ohio, John Kenneth Blackwell, Co-
                                        ARTICLE XXIX.—CONSPIRACY TO VIOLATE THE               electronic voting machines assigned to the             Chair of the Committee to Re-Elect Bush/
                                                 VOTING RIGHTS ACT OF 1965                    city of Columbus.                                      Cheney in Ohio.
                                                                                                 b. Forty-two African-American precincts               b. In Ohio’s Cuyahoga County, which in-
                                        In his conduct while President of the                                                                        cludes Cleveland, 8,559 or 32.82% of the provi-
                                                                                              in Columbus were each missing one voting
                                      United States, George W. Bush, in violation                                                                    sional ballots went uncounted.
                                                                                              machine that had been present in the 2004
                                      of his constitutional oath to faithfully exe-                                                                    c. In Ohio’s Hamilton County, which in-
                                                                                              primary.
                                      cute the office of President of the United                 c. African-American voters in the city of           cludes Cincinnati, 3,529 or 24.23% of the pro-
                                      States and, to the best of his ability, pre-            Columbus were forced to wait three to seven            visional ballots went uncounted.
                                      serve, protect, and defend the Constitution             hours to vote in the 2004 presidential elec-             d. Statewide, the provisional ballot rejec-
                                      of the United States, and in violation of his           tion.                                                  tion rate was 9% as compared to the greater
                                      constitutional duty under Article II, Section              (ii) Willfully issuing unclear and con-             figures in the urban areas.
                                      3 of the Constitution ‘‘to take care that the           flicting rules regarding the methods and                 D. The Department of Justice, charged
                                      laws be faithfully executed,’’ has both per-            manner of becoming a legally registered                with enforcing the Voting Rights Act of 1965,
                                      sonally and acting through his agents and                                                                      the 14th Amendment’s Equal Protection
                                                                                              voter in the State of Ohio, and willfully
                                      subordinates, has willfully corrupted and                                                                      Clause, and other voting rights laws in the
                                                                                              issuing unclear and unnecessary edicts re-
                                      manipulated the electoral process of the                                                                       United States of America, under the direc-
                                                                                              garding the weight of paper registration
                                      United States for his personal gain and the                                                                    tion and Administration of George W. Bush
                                                                                              forms legally acceptable to the State of
                                      personal gain of his co-conspirators and al-                                                                   did willfully and purposely obstruct and
                                                                                              Ohio, thereby creating confusion for both
                                      lies; has violated the United States Constitu-                                                                 stonewall legitimate criminal investigations
                                                                                              voters and voting officials and thus impeding
                                      tion and law by failing to protect the civil                                                                   into myriad cases of reported electoral fraud
                                                                                              the right of an unknown number of United
                                      rights of African-American voters and others                                                                   and suppression in the state of Ohio. Such
                                                                                              States citizens to register and vote.
                                      in the 2004 Election, and has impeded the                                                                      activities, carried out by the department on
                                                                                                 a. Ohio Secretary of State John Kenneth
                                      right of the people to vote and have their                                                                     behalf of George W. Bush in counties such as
                                                                                              Blackwell directed through Advisory 2004–31
                                      vote properly and accurately counted, in                                                                       Franklin and Knox by persons such as John
                                                                                              that voter registration forms, which were
                                      that:                                                                                                          K. Tanner and others, were meant to con-
                                                                                              greatest in urban minority areas, should not
                                        A. On November 5, 2002, and prior thereto,                                                                   found and whitewash legitimate legal crimi-
                                                                                              be accepted and should be returned unless
                                      James Tobin, while serving as the regional                                                                     nal investigations into the suppression of
                                                                                              submitted on 80 bond paper weight.
                                      director of the National Republican Senato-                                                                    massive numbers of legally registered voters
                                                                                              Blackwell’s own office was found to be using           and the removal of their right to cast a bal-
                                      rial Campaign Committee and as the New                  60 bond paper weight.
                                      England Chairman of Bush-Cheney ’04 Inc.,                                                                      lot fairly and freely in the state of Ohio,
                                                                                                 (iii) Willfully permitted and encouraged
                                      did, at the direction of the White House                                                                       which was crucial to the certified electoral
                                                                                              election officials in Cleveland, Cincinnati
                                      under the administration of George W. Bush,                                                                    victory of George W. Bush in 2004.
                                                                                              and Toledo to conduct a massive partisan                 E. On or about November 1, 2006, members
                                      along with other agents both known and un-              purge of registered voter rolls, eventually
                                      known, commit unlawful acts by aiding and                                                                      of the United States Department of Justice,
                                                                                              expunging more than 300,000 voters, many of            under the control and direction of the Ad-
                                      abetting a scheme to use computerized hang-             whom were duly registered voters, and who
                                      up calls to jam phone lines set up by the New                                                                  ministration of George W. Bush, brought in-
                                                                                              were thus deprived of their constitutional             dictments for voter registration fraud within
                                      Hampshire Democratic Party and the Man-                 right to vote;                                         days of an election, in order to directly ef-
                                      chester firefighters’ union on Election Day;               a. Between the 2000 and 2004 Ohio presi-
                                        B. An investigation by the Democratic                                                                        fect the outcome of that election for par-
                                                                                              dential elections, 24.93% of the voters in the         tisan purposes, and in doing so, thereby vio-
                                      staff of the House Judiciary Committee into             city of Cleveland, a city with a majority of
                                      the voting procedures in Ohio during the 2004                                                                  lated the Justice Department’s own rules
                                                                                              African American citizens, were purged from            against filing election-related indictments
                                      election found ‘‘widespread instances of in-            the voting rolls.
                                      timidation and misinformation in violation                                                                     close to an election;
                                                                                                 b. In that same period, the Ohio county of            F. Emails have been obtained showing that
                                      of the Voting Rights Act, the Civil Rights              Miami, with census data indicating a 98%               the Republican National Committee and
                                      Act of 1968, Equal Protection, Due Process              Caucasian population, refused to purge any             members of Bush-Cheney ’04 Inc., did, at the
                                      and the Ohio right to vote;’’                           voters from its rolls. Miami County                    direction of the White House under the ad-
                                        C. The 14th Amendment Equal Protection                ‘‘merged’’ voters from other surrounding               ministration of George W. Bush, engage in
                                      Clause guarantees that no minority group                counties into its voting rolls and even al-            voter suppression in five states by a method
                                      will suffer disparate treatment in a federal,           lowed voters from other states to vote.                know as ‘‘vote caging,’’ an illegal voter sup-
                                      state, or local election in stating that: ‘‘No             c. In Toledo, Ohio, an urban city with a            pression technique;
                                      State shall make or enforce any law which               high African-American concentration, 28,000              G. Agents of George W. Bush, including
                                      shall abridge the privileges or immunities of           voters were purged from the voting rolls in            Mark F. ‘‘Thor’’ Hearne, the national gen-
                                      citizens of the United States; nor shall any            August of 2004, just prior to the presidential         eral counsel of Bush/Cheney ’04, Inc., did, at
                                      State deprive any person of life, liberty, or           election. This purge was conducted under the           the behest of George W. Bush, as members of
                                      property, without due process of law; nor               control and direction of George W. Bush’s              a criminal front group, distribute known
                                      deny to any person within its jurisdiction              agent, Ohio Secretary of State John Kenneth            false information and propaganda in the
                                      the equal protection of the laws.’’ However,            Blackwell outside of the regularly estab-              hopes of forwarding legislation and other ac-
                                      during and at various times of the year 2004,           lished cycle of purging voters in odd-num-             tions that would result in the disenfranchise-
                                      John Kenneth Blackwell, then serving as the             bered years.                                           ment of Democratic voters for partisan pur-
                                      Secretary of State for the State of Ohio and               (iv) Willfully allowing Ohio Secretary of           poses. The scheme, run under the auspices of
                                      also serving simultaneously as Co-Chairman              State John Kenneth Blackwell, acting under             an organization known as ‘‘The American
                                      of the Committee to Re-Elect George W.                  color of law and as an agent of George W.              Center for Voting Rights’’ (ACVR), was fund-
                                      Bush in the State of Ohio, did, at the direc-           Bush, to issue a directive that no votes               ed by agents of George W. Bush in violation
                                      tion of the White House under the adminis-              would be counted unless cast in the right              of laws governing tax exempt 501(c)3 organi-
                                      tration of George W. Bush, along with other             precinct, reversing Ohio’s long-standing               zations and in violation of federal laws for-
                                      agents both known and unknown, commit                   practice of counting votes for president if            bidding the distribution of such propaganda
                                      unlawful acts in violation of the Equal Pro-            cast in the right county.                              by the federal government and agents work-
                                      tection Clause of the 14th Amendment to the                (v) Willfully allowing his agent, Ohio Sec-         ing on its behalf.
                                      United States Constitution by failing to pro-           retary of State John Kenneth Blackwell, the              H. Members of the United States Depart-
                                      tect the voting rights of African-American              Co-Chair of the Bush-Cheney Re-election                ment of Justice, under the control and direc-
                                      citizens in Ohio and further, John Kenneth              Campaign, to do nothing to assure the voting           tion of the Administration of George W.
                                      Blackwell did disenfranchise African-Amer-              rights of 10,000 people in the city of Cleve-          Bush, did, for partisan reasons, illegally and
                                      ican voters under color of law, by                      land when a computer error by the private              with malice aforethought block career attor-
                                        (i) Willfully denying certain neighborhoods           vendor Diebold Election Systems, Inc. incor-           neys and other officials in the Department of
                                      in the cities of Cleveland, Ohio and Colum-             rectly disenfranchised 10,000 voters                   Justice from filing three lawsuits charging
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                                      bus, Ohio, along with other urban areas in                 (vi) Willfully allowing his agent, Ohio Sec-        local and county governments with violating
                                      the State of Ohio, an adequate number of                retary of State John Kenneth Blackwell, the            the voting rights of African-Americans and
                                      electronic voting machines and provisional              Co-Chair of the Bush-Cheney Re-election                other minorities, according to seven former
                                      paper ballots, thereby unlawfully impeding              Campaign, to ensure that uncounted and pro-            senior United States Justice Department
                                      duly registered voters from the act of voting           visional ballots in Ohio’s 2004 presidential           employees.




                                VerDate Aug 31 2005   05:33 Jun 10, 2008   Jkt 069060   PO 00000   Frm 00057   Fmt 4634   Sfmt 0634   E:\CR\FM\A09JN7.040   H09JNPT1
                                      H5104                                              CONGRESSIONAL RECORD — HOUSE                                                             June 9, 2008
                                        I. Members of the United States Depart-               of the United States, and in violation of his              Hurricane Katrina killed at least 1,282 peo-
                                      ment of Justice, under the control and direc-           constitutional duty under Article II, Section           ple, with 2 million more displaced. 302,000
                                      tion of the Administration of George W.                 3 of the Constitution ‘‘to take care that the           housing units were destroyed or damaged by
                                      Bush, did illegally and with malice                     laws be faithfully executed’’, has both per-            the hurricane, 71% of these were low-income
                                      aforethought derail at least two investiga-             sonally and acting through his agents and               units. More than 500 sewage plants were de-
                                      tions into possible voter discrimination, ac-           subordinates, together with the Vice Presi-             stroyed, more than 170 point-source leakages
                                      cording to a letter sent to the Senate Rules            dent, pursued policies which deliberately               of gasoline, oil, or natural gas, more than
                                      and Administration Committee and written                drained the fiscal resources of Medicare by             2000 gas stations submerged, several chem-
                                      by former employees of the United States                forcing it to compete with subsidized private           ical plants, 8 oil refineries, and a superfund
                                      Department of Justice, Voting Rights Sec-               insurance plans which are allowed to arbi-              site was submerged. 8 million gallons of oil
                                      tion.                                                   trarily select or not select those they will            were spilled. Toxic materials seeped into
                                        J. Members of the United States Election              cover; failing to provide reasonable levels of          floodwaters and spread through much of the
                                      Assistance Commission (EAC), under the                  reimbursements to Medicare providers,                   city and surrounding areas.
                                      control and direction of the Administration             thereby discouraging providers from partici-               The predictable increased strength of hur-
                                      of George W. Bush, have purposefully and                pating in the program, and designing a Medi-            ricanes such as Katrina has been identified
                                      willfully misled the public, in violation of            care Part D benefit without cost controls               by scientists for years, and yet the Bush Ad-
                                      several laws, by;                                       which allowed pharmaceutical companies to               ministration has denied this science and re-
                                        (i) Withholding from the public and then              gouge the American taxpayers for the price              stricted such information from official re-
                                      altering a legally mandated report on the               of prescription drugs.                                  ports, publications, and the National Oceanic
                                      true measure and threat of Voter Fraud, as                The President created, manipulated, and               and Atmospheric Agency’s website. Donald
                                      commissioned by the EAC and completed in                disseminated information given to the citi-             Kennedy, editor-in-chief of Science, wrote in
                                      June 2006, prior to the 2006 mid-term elec-             zens and Congress of the United States in               2006 that ‘‘hurricane intensity has increased
                                      tion, but withheld from release prior to that           support of his prescription drug plan for               with oceanic surface temperatures over the
                                      election when its information would have                Medicare that enriched drug companies                   past 30 years. The physics of hurricane inten-
                                      been useful in the administration of elec-              while failing to save beneficiaries sufficient          sity growth . . . has clarified and explained
                                      tions across the country, because the results           money on their prescription drugs. He misled            the thermodynamic basis for these observa-
                                      of the statutorily required and tax-payer               Congress and the American people into                   tions. [Kerry] Emanuel has tested this rela-
                                      funded report did not conform with the ille-            thinking the cost of the benefit was $400 bil-          tionship and presented convincing evidence.’’
                                                                                              lion. It was widely understood that if the                 FEMA’s 2001 list of the top three most
                                      gal, partisan propaganda efforts and politi-
                                                                                              cost exceeded that amount, the bill would               likely and most devastating disasters were a
                                      cized agenda of the Bush Administration;
                                        (ii) Withholding from the public a legally            not pass due to concerns about fiscal irre-             San Francisco earthquake, a terrorist attack
                                      mandated report on the disenfranchising ef-             sponsibility.                                           on New York, and a Category 4 hurricane
                                      fect of Photo Identification laws at the poll-            A Medicare Actuary who possessed infor-               hitting New Orleans, with New Orleans being
                                      ing place, shown to disproportionately dis-             mation regarding the true cost of the plan,             the number one item on that list. FEMA
                                      enfranchise voters not of George W. Bush’s              $539 billion, was instructed by the Medicare            conducted a five-day hurricane simulation
                                                                                              Administrator to deny Congressional re-                 exercise in 2004, ‘‘Hurricane Pam,’’ mim-
                                      political party. The report was commis-
                                                                                              quests for it. The Actuary was threatened               icking a Katrina-like event. This exercise
                                      sioned by the EAC and completed in June
                                                                                              with sanctions if the information was dis-              combined the National Weather Service, the
                                      2006, prior to the 2006 mid-term election, but
                                                                                              closed to Congress, which, unaware of the in-           U.S. Army Corps of Engineers, the LSU Hur-
                                      withheld from release prior to that election
                                                                                              formation, approved the bill. Despite the fact          ricane Center and other state and federal
                                      when its information would have been useful
                                                                                              that official cost estimates far exceeded $400          agencies, resulting in the development of
                                      in the administration of elections across the
                                                                                              billion, President Bush offered assurances to           emergency response plans. The exercise dem-
                                      country
                                                                                              Congress that the cost was $400 billion, when           onstrated, among other things, that thou-
                                        (iii) Withholding from the public a legally
                                                                                              his office had information to the contrary. In          sands of mainly indigent New Orleans resi-
                                      mandated report on the effectiveness of Pro-
                                                                                              the House of Representatives, the bill passed           dents would be unable to evacuate on their
                                      visional Voting as commissioned by the EAC
                                                                                              by a single vote and the Conference Report              own. They would need substantial govern-
                                      and completed in June 2006, prior to the 2006
                                                                                              passed by only 5 votes. The White House                 ment assistance. These plans, however, were
                                      mid-term election, but withheld from release
                                                                                              knew the actual cost of the drug benefit was            not implemented in part due to the Presi-
                                      prior to that election when its information             high enough to prevent its passage. Yet the
                                      would have been useful in the administration                                                                    dent’s slashing of funds for protection. In the
                                                                                              White House concealed the truth and im-                 year before Hurricane Katrina hit, the Presi-
                                      of elections across the country, and keeping            peded an investigation into its culpability.
                                      that report unreleased for more than a year                                                                     dent continued to cut budgets and deny
                                                                                                In all of these actions and decisions, Presi-         grants to the Gulf Coast. In June of 2004 the
                                      until it was revealed by independent media              dent George W. Bush has acted in a manner
                                      outlets.                                                                                                        Army Corps of Engineers levee budget for
                                                                                              contrary to his trust as President and Com-             New Orleans was cut, and it was cut again in
                                        For directly harming the rights and man-              mander in Chief, and subversive of constitu-
                                      ner of suffrage, for suffering to make them                                                                     June of 2005, this time by $71.2 million or a
                                                                                              tional government, to the prejudice of the              whopping 44% of the budget. As a result,
                                      secret and unknowable, for overseeing and               cause of law and justice and to the manifest
                                      participating in the disenfranchisement of                                                                      ACE was forced to suspend any repair work
                                                                                              injury of the people of the United States.              on the levees. In 2004 FEMA denied a Lou-
                                      legal voters, for instituting debates and               Wherefore, President George W. Bush, by
                                      doubts about the true nature of elections, all                                                                  isiana disaster mitigation grant request.
                                                                                              such conduct, is guilty of an impeachable of-              The President was given multiple warnings
                                      against the will and consent of local voters            fense warranting removal from office.                   that Hurricane Katrina had a high likelihood
                                      affected, and forced through threats of liti-           ARTICLE XXXI.—KATRINA: FAILURE TO PLAN                  of causing serious damage to New Orleans
                                      gation by agents and agencies overseen by                    FOR THE PREDICTED DISASTER OF HURRICANE            and the Gulf Coast. At 10 AM on Sunday 28
                                      George W. Bush, the actions of Mr. Bush to                   KATRINA, FAILURE TO RESPOND TO A CIVIL             August 2005, the day before the storm hit,
                                      do the opposite of securing and guaranteeing                 EMERGENCY                                          the National Weather Service published an
                                      the right of the people to alter or abolish
                                                                                                In his conduct while President of the                 alert titled ‘‘DEVASTATING DAMAGE EX-
                                      their government via the electoral process,
                                                                                              United States, George W. Bush, in violation             PECTED.’’ Printed in all capital letters, the
                                      being a violation of an inalienable right, and
                                                                                              of his constitutional oath to faithfully exe-           alert stated that ‘‘MOST OF THE AREA
                                      an immediate threat to Liberty.
                                                                                              cute the office of President of the United              WILL BE UNINHABITABLE FOR WEEKS
                                        In all of these actions and decisions, Presi-
                                                                                              States and, to the best of his ability, pre-            . . . PERHAPS LONGER. AT LEAST ONE
                                      dent George W. Bush has acted in a manner
                                                                                              serve, protect, and defend the Constitution             HALF OF WELL CONSTRUCTED HOMES
                                      contrary to his trust as President and Com-
                                                                                              of the United States, and in violation of his           WILL HAVE ROOF AND WALL FAILURE.
                                      mander in Chief, and subversive of constitu-
                                                                                              constitutional duty under Article II, Section           . . . POWER OUTAGES WILL LAST FOR
                                      tional government, to the prejudice of the
                                                                                              3 of the Constitution ‘‘to take care that the           WEEKS. . . . WATER SHORTAGES WILL
                                      cause of law and justice and to the manifest
                                                                                              laws be faithfully executed’’, has both per-            MAKE HUMAN SUFFERING INCREDIBLE
                                      injury of the people of the United States.
                                                                                              sonally and acting through his agents and               BY MODERN STANDARDS.’’
                                      Wherefore, President George W. Bush, by
                                                                                              subordinates, failed to take sufficient action             The Homeland Security Department also
                                      such conduct, is guilty of an impeachable of-
                                                                                              to protect life and property prior to and in            briefed the President on the scenario, warn-
                                      fense warranting removal from office.
                                                                                              the face of Hurricane Katrina in 2005, given            ing of levee breaches and severe flooding. Ac-
                                      ARTICLE XXX.—MISLEADING CONGRESS AND THE                decades of foreknowledge of the dangers of              cording to the New York Times, ‘‘a Home-
                                        AMERICAN PEOPLE IN AN ATTEMPT TO DE-                  storms to New Orleans and specific fore-                land Security Department report submitted
                                        STROY MEDICARE                                        warning in the days prior to the storm. The             to the White House at 1:47 a.m. on Aug. 29,
                                        In his conduct while President of the                 President failed to prepare for predictable             hours before the storm hit, said, ‘Any storm
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                                      United States, George W. Bush, in violation             and predicted disasters, failed to respond to           rated Category 4 or greater will likely lead
                                      of his constitutional oath to faithfully exe-           an immediate need of which he was in-                   to severe flooding and/or levee breaching.’ ’’
                                      cute the office of President of the United              formed, and has subsequently failed to re-              These warnings clearly contradict the state-
                                      States and, to the best of his ability, pre-            build the section of our nation that was de-            ments made by President Bush immediately
                                      serve, protect, and defend the Constitution             stroyed.                                                after the storm that such devastation could




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                                     H5105
                                      not have been predicted. On 1 September 2005            mate change such as continued ‘‘widespread             also supported granting California’s petition
                                      the President said ‘‘I don’t think anyone an-           retreat’’ of glaciers, an ‘‘increase threats to        at least in part; and (3) Administrator John-
                                      ticipated the breach of the levees.’’                   human health, particularly in lower income             son reversed his position after communica-
                                        The President’s response to Katrina via               populations, predominantly within tropical/            tions with officials in the White House.’’
                                      FEMA and DHS was criminally delayed, in-                subtropical countries,’’ and ‘‘water short-              The President has suppressed the release of
                                      different, and inept. The only FEMA em-                 ages.’’                                                scientific information related to global cli-
                                      ployee posted in New Orleans in the imme-                  3. The grave danger to national security            mate change, an action which undermines
                                      diate aftermath of Hurricane Katrina, Marty             posed by global climate change was recog-              Congress’ ability to legislate and provide
                                      Bahamonde, emailed head of FEMA Michael                 nized by the Pentagon’s Defense Advanced               oversight, and which has thwarted efforts to
                                      Brown from his Blackberry device on August              Planning Research Projects Agency in Octo-             prevent global climate change despite the se-
                                      31, 2005 regarding the conditions. The email            ber of 2003. An agency-commissioned report             rious threat that it poses.
                                      was urgent and detailed and indicated that              ‘‘explores how such an abrupt climate                    1. In February, 2001, ExxonMobil wrote a
                                      ‘‘The situation is past critical . . . Estimates        change scenario could potentially de-sta-              memo to the White House outlining ways to
                                      are many will die within hours.’’ Brown’s               bilize the geo-political environment, leading          influence the outcome of the Third Assess-
                                      reply was emblematic of the administra-                 to skirmishes, battles, and even war due to            ment report by the Intergovernmental Panel
                                                                                              resource constraints such as: 1) Food short-           on Climate Change. The memo opposed the
                                      tion’s entire response to the catastrophe:
                                                                                              ages due to decreases in net global agricul-           reelection of Dr. Robert Watson as the IPCC
                                      ‘‘Thanks for the update. Anything specific I
                                                                                              tural production 2) Decreased availability             Chair. The White House then supported an
                                      need to do or tweak?’’ The Secretary of
                                                                                              and quality of fresh water in key regions due          opposition candidate, who was subsequently
                                      Homeland Security, Michael Chertoff, did
                                                                                              to shifted precipitation patters, causing              elected to replace Dr. Watson.
                                      not declare an emergency, did not mobilize                                                                       2. The New York Times on January 29, 2006,
                                      the federal resources, and seemed to not even           more frequent floods and droughts 3) Dis-
                                                                                                                                                     reported that James Hansen, NASA’s senior
                                      know what was happening on the ground                   rupted access to energy supplies due to ex-
                                                                                                                                                     climate scientist was warned of ‘‘dire con-
                                      until reporters told him.                               tensive sea ice and storminess.’’
                                                                                                 4. A December 2004 paper in Science re-             sequences’’ if he continued to speak out
                                        On Friday August 26, 2005, Governor Kath-                                                                    about global climate change and the need for
                                      leen Blanco declared a State of Emergency               viewed 928 studies published in peer reviewed
                                                                                                                                                     reducing emissions of associated gasses. The
                                      in Louisiana and Governor Haley Barbour of              journals to determine the number providing
                                                                                                                                                     Times also reported that: ‘‘At climate lab-
                                      Mississippi followed suit the next day. Also            evidence against the existence of a link be-
                                                                                                                                                     oratories of the National Oceanic and At-
                                      on that Saturday, Governor Blanco asked                 tween anthropogenic emissions of carbon di-
                                                                                                                                                     mospheric Administration, for example,
                                      the President to declare a Federal State of             oxide and climate change. ‘‘Remarkably,
                                                                                                                                                     many scientists who routinely took calls
                                      Emergency, and on 28 August 2005, the Sun-              none of the papers disagreed with the con-
                                                                                                                                                     from reporters five years ago can now do so
                                      day before the storm hit, Mayor Nagin de-               sensus position.’’
                                                                                                 5. The November 2007 Inter-Governmental             only if the interview is approved by adminis-
                                      clared a State of Emergency in New Orleans.                                                                    tration officials in Washington, and then
                                      This shows that the local authorities, re-              Panel on Climate Change (IPCC) Fourth As-
                                                                                                                                                     only if a public affairs officer is present or on
                                      sponding to federal warnings, knew how bad              sessment Report showed that global anthro-
                                                                                                                                                     the phone.’’
                                      the destruction was going to be and antici-             pogenic emissions of greenhouse gasses have
                                                                                                                                                       3. In December of 2007, the House Com-
                                      pated being overwhelmed. Failure to act                 increased 70% between 1970 and 2004, and an-           mittee on Oversight and Government Reform
                                      under these circumstances demonstrates                  thropogenic emissions are very likely the              issued a report based on 16 months of inves-
                                      gross negligence.                                       cause of global climate change. The report             tigation and 27,000 pages of documentation.
                                        In all of these actions and decisions, Presi-         concluded that global climate change could             According to the summary: ‘‘The evidence
                                      dent George W. Bush has acted in a manner               cause the extinction of 20 to 30 percent of            before the Committee leads to one inescap-
                                      contrary to his trust as President and Com-             species in unique ecosystems such as the               able conclusion: the Bush Administration
                                      mander in Chief, and subversive of constitu-            polar areas and biodiversity hotspots, in-             has engaged in a systematic effort to manip-
                                      tional government, to the prejudice of the              crease extreme weather events especially in            ulate climate change science and mislead
                                      cause of law and justice and to the manifest            the developing world, and have adverse ef-             policy makers and the public about the dan-
                                      injury of the people of the United States.              fects on food production and fresh water               gers of global warming.’’ The report de-
                                      Wherefore, President George W. Bush, by                 availability.                                          scribed how the White House appointed
                                      such conduct, is guilty of an impeachable of-              The President has done little to address            former petroleum industry lobbyist Phil
                                      fense warranting removal from office.                   this most serious of problems, thus consti-            Cooney as head of the Council on Environ-
                                                                                              tuting an abuse of power and criminal ne-              mental Quality. The report states ‘‘There
                                      ARTICLE XXXII.—MISLEADING CONGRESS AND
                                                                                              glect. He has also actively endeavored to un-          was a systematic White House effort to mini-
                                        THE AMERICAN PEOPLE, SYSTEMATICALLY UN-
                                                                                              dermine efforts by the federal government,             mize the significance of climate change by
                                        DERMINING EFFORTS TO ADDRESS GLOBAL CLI-
                                                                                              states, and other nations to take action on            editing climate change reports. CEQ Chief of
                                        MATE CHANGE
                                                                                              their own.                                             Staff Phil Cooney and other CEQ officials
                                        In his conduct while President of the                    1. In March 2001, President Bush announced          made at least 294 edits to the Administra-
                                      United States, George W. Bush, in violation             the U.S. would not be pursuing ratification            tion’s Strategic Plan of the Climate Change
                                      of his constitutional oath to faithfully exe-           of the Kyoto Protocol, an international ef-            Science Program to exaggerate or emphasize
                                      cute the office of President of the United              fort to reduce greenhouse gasses. The United           scientific uncertainties or to de-emphasize
                                      States and, to the best of his ability, pre-            States is the only industrialized nation that          or diminish the importance of the human
                                      serve, protect, and defend the Constitution             has failed to ratify the accord.                       role in global warming.’’
                                      of the United States, and in violation of his              2. In March of 2008, Representative Henry             4. On April 23, 2008, Representative Henry
                                      constitutional duty under Article II, Section           Waxman wrote to EPA Administrator Ste-                 Waxman wrote a letter to EPA Adminis-
                                      3 of the Constitution ‘‘to take care that the           phen Johnson: ‘‘In August 2003, the Bush Ad-           trator Stephen L Johnson. In it he reported:
                                      laws be faithfully executed’’, has both per-            ministration denied a petition to regulate             ‘‘Almost 1,600 EPA scientists completed the
                                      sonally and acting through his agents and               CO2 emissions from motor vehicles by decid-            Union of Concerned Scientists survey ques-
                                      subordinates, together with the Vice Presi-             ing that CO2 was not a pollutant under the             tionnaire. Over 22 percent of these scientists
                                      dent, ignored the peril to life and property            Clean Air Act. In April 2007, the U.S. Su-             reported that ‘selective or incomplete use of
                                      posed by global climate change, manipulated             preme Court overruled that determination in            data to justify a specific regulatory out-
                                      scientific information and mishandled pro-              Massachusetts v. EPA. The Supreme Court                come’ occurred ‘frequently’ or ‘occasionally’
                                      tective policy, constituting nonfeasance and            wrote that ‘If EPA makes a finding of                  at EPA. Ninety-four EPA scientists reported
                                      malfeasance in office, abuse of power, dere-            endangerment, the Clean Air Act requires               being frequently or occasionally directed to
                                      liction of duty, and deception of Congress              the agency to regulate emissions of the dele-          inappropriately exclude or alter technical in-
                                      and the American people.                                terious pollutant from new motor vehicles.’            formation from an EPA scientific document.
                                        President Bush knew the expected effects              The EPA then conducted an extensive inves-             Nearly 200 EPA scientists said that they
                                      of climate change and the role of human ac-             tigation involving 60–70 staff who concluded           have frequently or occasionally been in situ-
                                      tivities in driving climate change. This                that ‘CO2 emissions endanger both human                ations in which scientists have actively ob-
                                      knowledge preceded his first Presidential               health and welfare.’ These findings were sub-          jected to, resigned from or removed them-
                                      term.                                                   mitted to the White House, after which work            selves from a project because of pressure to
                                        1. During his 2000 Presidential campaign,             on the findings and the required regulations           change scientific findings.’’
                                      he promised to regulate carbon dioxide emis-            was halted.’’                                            In all of these actions and decisions, Presi-
                                      sions.                                                     3. A Memo to Members of the Committee               dent George W. Bush has acted in a manner
                                        2. In 2001, the Intergovernmental Panel on            on Oversight and Government Reform on                  contrary to his trust as President and sub-
                                      Climate Change, a global body of hundreds of            May 19, 2008 stated ‘‘The record before the            versive of constitutional government, to the
                                      the world’s foremost experts on climate                 Committee shows: (1) the career staff at EPA           prejudice of the cause of law and justice and
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                                      change, concluded that ‘‘most of observed               unanimously supported granting California’s            to the manifest injury of the people of the
                                      warming over last 50 years (is) likely due to           petition (to be allowed to regulate green-             United States. Wherefore, President George
                                      increases in greenhouse gas concentrations              house gas emissions from cars and trucks,              W. Bush, by such conduct, is guilty of an im-
                                      due to human activities.’’ The Third Assess-            consistent with California state law); (2) Ste-        peachable offense warranting removal from
                                      ment Report projected several effects of cli-           phen Johnson, the Administrator of EPA,                office.




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                                      H5106                                              CONGRESSIONAL RECORD — HOUSE                                                            June 9, 2008
                                      ARTICLE XXXIII.—REPEATEDLY IGNORED AND                  were investigating ‘‘a call to our embassy in          cumstances. Less than two weeks after that
                                        FAILED TO RESPOND TO HIGH LEVEL INTEL-                the UAE in May saying that a group of Bin              promise, Powell apologized for his ‘‘unfortu-
                                        LIGENCE WARNINGS OF PLANNED TERRORIST                 Laden supporters was in the US planning at-            nate choice of words,’’ and explained that
                                        ATTACKS IN THE US, PRIOR TO 911                       tacks with explosives.’’                               Americans would have to rely on ‘‘informa-
                                        In his conduct while President of the                   The president spent the rest of August 6,            tion coming out in the press and in other
                                      United States, George W. Bush, in violation             and almost all the rest of August 2001 on va-          ways.’’
                                                                                              cation. There is no evidence that he called              On Sept. 26, 2001, President Bush drove to
                                      of his constitutional oath to faithfully exe-
                                                                                              any meetings of his advisers to discuss this           Central Intelligence Agency (CIA) head-
                                      cute the office of President of the United
                                                                                              alarming report. When the title and sub-               quarters in Langley, Virginia, stood with Di-
                                      States and, to the best of his ability, pre-
                                                                                              stance of this PDB article were later re-              rector of Central Intelligence George Tenet
                                      serve, protect, and defend the Constitution                                                                    and said: ‘‘My report to the nation is, we’ve
                                      of the United States, and in violation of his           ported in the press, then-National Security
                                                                                              Adviser Condoleezza Rice began a sustained             got the best intelligence we can possibly
                                      constitutional duty under Article II, Section                                                                  have thanks to the men and women of the
                                      3 of the Constitution ‘‘to take care that the           campaign to play down its significance, until
                                                                                              the actual text was eventually released by             C.I.A.’’ George Tenet subsequently and false-
                                      laws be faithfully executed’’, has both per-                                                                   ly claimed not to have visited the president
                                      sonally and acting through his agents and               the White House.
                                                                                                New York Times writer Douglas Jehl, put              personally between the start of Bush’s long
                                      subordinates, together with the Vice Presi-                                                                    Crawford vacation and September 11, 2001.
                                      dent, failed in his Constitutional duties to            it this way: ‘‘In a single 17-sentence docu-
                                                                                                                                                       Testifying before the 9/11 Commission on
                                      take proper steps to protect the nation prior           ment, the intelligence briefing delivered to
                                                                                                                                                     April 14, 2004, Tenet answered a question
                                      to September 11, 2001.                                  President Bush in August 2001 spells out the
                                                                                                                                                     from Commission member Timothy Roemer
                                        The White House’s top counter-terrorism               who, hints at the what and points towards
                                                                                                                                                     by referring to the president’s vacation (July
                                      adviser, Richard A. Clarke, has testified that          the where of the terrorist attacks on New
                                                                                                                                                     29–August 30) in Crawford and insisting that
                                      from the beginning of George W. Bush’s pres-            York and Washington that followed 36 days
                                                                                                                                                     he did not see the president at all in August
                                      idency until September 11, 2001, Clarke at-             later.’’
                                                                                                                                                     2001. ‘‘You never talked with him?’’ Roemer
                                      tempted unsuccessfully to persuade Presi-                 Eleanor Hill, Executive Director of the
                                                                                                                                                     asked. ‘‘No,’’ Tenet replied, explaining that
                                      dent Bush to take steps to protect the nation           joint congressional committee investigating
                                                                                                                                                     for much of August he too was ‘‘on leave.’’
                                      against terrorism. Clarke sent a memo-                  the performance of the US intelligence com-
                                                                                                                                                     An Agency spokesman called reporters that
                                      randum to then-National Security Advisor                munity before September 11, 2001, reported in          same evening to say Tenet had misspoken,
                                      Condoleezza Rice on January 24, 2001, ‘‘ur-             mid-September 2002 that intelligence reports           and that Tenet had briefed Bush on August
                                      gently’’ but unsuccessfully requesting ‘‘a              a year earlier ‘‘reiterated a consistent and           17 and 31. The spokesman explained that the
                                      Cabinet-level meeting to deal with the im-              constant theme: Osama bin Laden’s intent to            second briefing took place after the presi-
                                      pending al Qaeda attack.’’                              launch terrorist attacks inside the United             dent had returned to Washington, and played
                                        In April 2001, Clarke was finally granted a           States.’’                                              down the first one, in Crawford, as unevent-
                                      meeting, but only with second-in-command                  That joint inquiry revealed that just two            ful.
                                      department representatives, including Dep-              months before September 11, an intelligence              In his book, At the Center of the Storm,
                                      uty Secretary of Defense Paul Wolfowitz,                briefing for ‘‘senior government officials’’           (2007) Tenet refers to what is almost cer-
                                      who made light of Clarke’s concerns.                    predicted a terrorist attack with these                tainly his August 17 visit to Crawford as a
                                        Clarke confirms that in June, July, and               words: ‘‘The attack will be spectacular and            follow-up to the ‘‘Bin Laden Determined to
                                      August 2001, the Central Intelligence Agency            designed to inflict mass casualties against            Strike in the US’’ article in the CIA-pre-
                                      (CIA) warned the president in daily briefings           U.S. facilities or interests. Attack prepara-          pared President’s Daily Brief of August 6.
                                      of unprecedented indications that a major al            tions have been made. Attack will occur                That briefing was immortalized in a Time
                                      Qaeda attack was going to happen against                with little or no warning.’’                           Magazine photo capturing Harriet Myers
                                      the United States somewhere in the world in               Given the White House’s insistence on se-            holding the PDB open for the president, as
                                      the weeks and months ahead. Yet, Clarke                 crecy with regard to what intelligence was             two CIA officers sit by. It is the same brief-
                                      was still unable to convene a cabinet-level             given to President Bush, the joint-inquiry             ing to which the president reportedly reacted
                                      meeting to address the issue.                           report does not divulge whether he took part           by telling the CIA briefer, ‘‘All right, you’ve
                                        Condoleezza Rice has testified that George            in that briefing. Even if he did not, it strains       covered your ass now.’’ (Ron Suskind, The
                                      Tenet met with the president 40 times to                credulity to suppose that those ‘‘senior gov-          One-Percent Doctrine, p. 2, 2006). In At the
                                      warn him that a major al-Qaeda attack was               ernment officials’’ would have kept its                Center of the Storm, Tenet writes: ‘‘A few
                                      going to take place, and that in response the           alarming substance from the president.                 weeks after the August 6 PDB was delivered,
                                      president did not convene any meetings of                 Again, there is no evidence that the presi-          I followed it to Crawford to make sure that
                                      top officials. At such meetings, the FBI                dent held any meetings or took any action to           the president stayed current on events.’’
                                      could have shared information on possible               deal with the threats of such attacks.                   A White House press release suggests
                                      terrorists enrolled at flight schools. Among              In all of these actions and decisions, Presi-        Tenet was also there a week later, on August
                                      the many preventive steps that could have               dent George W. Bush has acted in a manner              24. According to the August 25, 2001, release,
                                      been taken, the Federal Aviation Adminis-               contrary to his trust as President, and sub-           President Bush, addressing a group of visi-
                                      tration, airlines, and airports might have              versive of constitutional government, to the           tors to Crawford on August 25, told them:
                                      been put on full alert.                                 prejudice of the cause of law and justice and          ‘‘George Tenet and I, yesterday, we piled in
                                                                                              to the manifest injury of the people of the            the new nominees for the Chairman of the
                                        According to Condoleezza Rice, the first
                                                                                              United States. Wherefore, President George             Joint Chiefs, the Vice Chairman and their
                                      and only cabinet-level meeting prior to 9/11
                                                                                              W. Bush, by such conduct, is guilty of an im-          wives and went right up the canyon.’’
                                      to discuss the threat of terrorist attacks                                                                       In early February 2002, Vice President
                                      took place on September 4, 2001, one week               peachable offense warranting removal from
                                                                                              office.                                                Dick Cheney warned then-Senate Majority
                                      before the attacks in New York and Wash-                                                                       Leader Tom Daschle that if Congress went
                                      ington.                                                 ARTICLE XXXIV.—OBSTRUCTION OF INVESTIGA-
                                                                                               TION INTO THE ATTACKS OF SEPTEMBER 11, 2001
                                                                                                                                                     ahead with an investigation, administration
                                        On August 6, 2001, President Bush was pre-                                                                   officials might not show up to testify. As
                                      sented a President’s Daily Brief (PDB) arti-              In his conduct while President of the                pressure grew for an investigation, the presi-
                                      cle titled ‘‘Bin Laden Determined to Strike             United States, George W. Bush, in violation            dent and vice president agreed to the estab-
                                      in U.S.’’ The lead sentence of that PDB arti-           of his constitutional oath to faithfully exe-          lishment of a congressional joint committee
                                      cle indicated that Bin Laden and his fol-               cute the office of President of the United             to conduct a ‘‘Joint Inquiry.’’ Eleanor Hill,
                                      lowers wanted to ‘‘follow the example of                States and, to the best of his ability, pre-           Executive Director of the Inquiry, opened
                                      World Trade Center bomber Ramzi Yousef                  serve, protect, and defend the Constitution            the Joint Inquiry’s final public hearing in
                                      and ‘bring the fighting to America.’ ’’ The ar-         of the United States, and in violation of his          mid-September 2002 with the following dis-
                                      ticle warned: ‘‘Al-Qa’ida members—including             constitutional duty under Article II, Section          claimer: ‘‘I need to report that, according to
                                      some who are US citizens—have resided in or             3 of the Constitution ‘‘to take care that the          the White House and the Director of Central
                                      traveled to the US for years, and the group             laws be faithfully executed’’, has both per-           Intelligence, the president’s knowledge of in-
                                      apparently maintains a support structure                sonally and acting through his agents and              telligence information relevant to this in-
                                      that could aid attacks.’’                               subordinates, together with the Vice Presi-            quiry remains classified, even when the sub-
                                        The article cited a ‘‘more sensational                dent, obstructed investigations into the at-           stance of the intelligence information has
                                      threat reporting that Bin Laden wanted to               tacks on the World Trade Center and Pen-               been declassified.’’
                                      hijack a US aircraft,’’ but indicated that the          tagon on September 11, 2001.                             The National Commission on Terrorist At-
                                      CIA had not been able to corroborate such                 Following September 11, 2001, President              tacks, also known as the 9/11 Commission,
                                      reporting. The PDB item included informa-               Bush and Vice President Cheney took strong             was created on November 27, 2002, following
                                      tion from the FBI indicating ‘‘patterns of              steps to thwart any and all proposals that             the passage of congressional legislation
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                                      suspicious activity in this country con-                the circumstances of the attack be ad-                 signed into law by President Bush. The
                                      sistent with preparations for hijackings or             dressed. Then-Secretary of State Colin Pow-            President was asked to testify before the
                                      other types of attacks, including recent sur-           ell was forced to renege on his public prom-           Commission. He refused to testify except for
                                      veillance of federal buildings in New York.’’           ise on September 23 that a ‘‘White Paper’’             one hour in private with only two Commis-
                                      The article also noted that the CIA and FBI             would be issued to explain the cir-                    sion members, with no oath administered,




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                                      June 9, 2008                                       CONGRESSIONAL RECORD — HOUSE                                                              H5107
                                      with no recording or note taking, and with              obtained through NSC. The Associate Ad-                  Pending that designation, the form of
                                      the Vice President at his side. Commission              ministrator for the EPA Office of Commu-               the resolution noticed by the gen-
                                      Co-Chair Lee Hamilton has written that he               nications, Education, and Media Relations              tleman from Ohio will appear in the
                                      believes the commission was set up to fail,             (OCEMR) said that no press release could be
                                                                                                                                                     RECORD at this point.
                                      was underfunded, was rushed, and did not re-            issued for a 3- to 4-week period after Sep-
                                      ceive proper cooperation and access to infor-           tember 11 without approval from the CEQ                  The Chair will not, at this point, de-
                                      mation.                                                 contact.’’                                             termine whether the resolution con-
                                        A December 2007 review of classified docu-              Acting EPA Administrator Marianne                    stitutes a question of privilege. That
                                      ments by former members of the Commis-                  Horinko, who sat in on EPA meetings with               determination will be made at the time
                                      sion found that the commission had made re-             the White House, has said in an interview              designated for the consideration of the
                                      peated and detailed requests to the CIA in              that the White House played a coordinating             resolution.
                                      2003 and 2004 for documents and other infor-            role. The National Security Council played
                                      mation about the interrogation of operatives            the key role, filtering incoming data on                                 f
                                      of Al Qaeda, and had been told falsely by a             ground zero air and water, Horinko said: ‘‘I                     SPECIAL ORDERS
                                      top C.I.A. official that the agency had ‘‘pro-          think that the thinking was, these are ex-
                                      duced or made available for review’’ every-             perts in WMD (weapons of mass destruction),              The SPEAKER pro tempore. Under
                                      thing that had been requested.                          so they should have the coordinating role.’’           the Speaker’s announced policy of Jan-
                                        In all of these actions and decisions, Presi-           In the cleanup of the Pentagon following             uary 18, 2007, and under a previous
                                      dent George W. Bush has acted in a manner               September 11, 2001, Occupational Safety and            order of the House, the following Mem-
                                      contrary to his trust as President, and sub-            Health Administration laws were enforced,              bers will be recognized for 5 minutes
                                      versive of constitutional government, to the            and no workers became ill. At the World                each.
                                      prejudice of the cause of law and justice and           Trade Center site, the same laws were not
                                      to the manifest injury of the people of the             enforced.                                                                f
                                      United States. Wherefore, President George                In the years since the release of the EPA              The SPEAKER pro tempore. Under a
                                      W. Bush, by such conduct, is guilty of an im-           Inspector General’s above-cited report, the            previous order of the House, the gen-
                                      peachable offense warranting removal from               Bush Administration has still not effected a           tleman from Texas (Mr. POE) is recog-
                                      office.                                                 clean-up of the indoor air in apartments and           nized for 5 minutes.
                                                                                              workspaces near the site.
                                       ARTICLE XXXV.—ENDANGERING THE HEALTH OF
                                                                                                Screenings conducted at the Mount Sinai                (Mr. POE addressed the House. His
                                                    9/11 FIRST RESPONDERS                                                                            remarks will appear hereafter in the
                                                                                              Medical Center and released in the Sep-
                                        In his conduct while President of the                 tember 10, 2004, Morbidity and Mortality               Extensions of Remarks.)
                                      United States, George W. Bush, in violation             Weekly Report (MMWR) of the federal Cen-                                 f
                                      of his constitutional oath to faithfully exe-           ters For Disease Control and Prevention
                                      cute the office of President of the United                                                                       The SPEAKER pro tempore. Under a
                                                                                              (CDC), produced the following results:
                                      States and, to the best of his ability, pre-              ‘‘Both upper and lower respiratory prob-             previous order of the House, the gen-
                                      serve, protect, and defend the Constitution             lems and mental health difficulties are wide-          tleman from Maryland (Mr. CUMMINGS)
                                      of the United States, and in violation of his           spread among rescue and recovery workers               is recognized for 5 minutes.
                                      constitutional duty under Article II, Section           who dug through the ruins of the World                   (Mr.    CUMMINGS      addressed   the
                                      3 of the Constitution ‘‘to take care that the           Trade Center in the days following its de-             House. His remarks will appear here-
                                      laws be faithfully executed’’, has both per-            struction in the attack of September 11, 2001.         after in the Extensions of Remarks.)
                                      sonally and acting through his agents and                 ‘‘An analysis of the screenings of 1,138
                                      subordinates, together with the Vice Presi-             workers and volunteers who responded to the                              f
                                      dent, recklessly endangered the health of               World Trade Center disaster found that near-             The SPEAKER pro tempore. Under a
                                      first responders, residents, and workers at             ly three-quarters of them experienced new or           previous order of the House, the gen-
                                      and near the former location of the World               worsened upper respiratory problems at                 tleman from North Carolina (Mr.
                                      Trade Center in New York City.                          some point while working at Ground Zero.               JONES) is recognized for 5 minutes.
                                        The Inspector General of the Environ-                 And half of those examined had upper and/or              (Mr. JONES of North Carolina ad-
                                      mental Protection Agency (EPA) August 21,               lower respiratory symptoms that persisted
                                      2003, report numbered 2003–P–00012 and enti-
                                                                                                                                                     dressed the House. His remarks will ap-
                                                                                              up to the time of their examinations, an av-
                                      tled ‘‘EPA’s Response to the World Trade                erage of eight months after their WTC ef-              pear hereafter in the Extensions of Re-
                                      Center Collapse: Challenges, Successes, and             forts ended.’’                                         marks.)
                                      Areas for Improvement,’’ includes the fol-                A larger study released in 2006 found that                             f
                                      lowing findings:                                        roughly 70 percent of nearly 10,000 workers              The SPEAKER pro tempore. Under a
                                        ‘‘[W]hen EPA made a September 18 an-                  tested at Mount Sinai from 2002 to 2004 re-
                                                                                              ported that they had new or substantially
                                                                                                                                                     previous order of the House, the gentle-
                                      nouncement that the air was ‘safe’ to
                                      breathe, it did not have sufficient data and            worsened respiratory problems while or after           woman from California (Ms. WOOLSEY)
                                      analyses to make such a blanket statement.              working at ground zero. This study showed              is recognized for 5 minutes.
                                      At that time, air monitoring data was lack-             that many of the respiratory ailments, in-               (Ms. WOOLSEY addressed the House.
                                      ing for several pollutants of concern, includ-          cluding sinusitis and asthma, and gastro-              Her remarks will appear hereafter in
                                      ing particulate matter and polychlorinated              intestinal problems related to them, ini-              the Extensions of Remarks.)
                                      biphenyls (PCBs). Furthermore, The White                tially reported by ground zero workers per-                              f
                                      House Council on Environmental Quality                  sisted or grew worse over time. Most of the
                                      (CEQ) influenced, through the collaboration             ground zero workers in the study who re-                 The SPEAKER pro tempore. Under a
                                      process, the information that EPA commu-                ported trouble breathing while working                 previous order of the House, the gen-
                                      nicated to the public through its early press           there were still having those problems two             tleman from Kansas (Mr. MORAN) is
                                      releases when it convinced EPA to add reas-             and a half years later, an indication of               recognized for 5 minutes.
                                      suring statements and delete cautionary                 chronic illness unlikely to improve over                 (Mr. MORAN of Kansas addressed the
                                      ones.                                                   time.                                                  House. His remarks will appear here-
                                        ‘‘As a result of the White House CEQ’s in-              In all of these actions and decisions, Presi-
                                                                                                                                                     after in the Extensions of Remarks.)
                                      fluence, guidance for cleaning indoor spaces            dent George W. Bush has acted in a manner
                                      and information about the potential health              contrary to his trust as President, and sub-                             f
                                      effects from WTC debris were not included in            versive of constitutional government, to the             The SPEAKER pro tempore. Under a
                                      EPA-issued press releases. In addition, based           prejudice of the cause of law and justice and          previous order of the House, the gen-
                                      on CEQ’s influence, reassuring information              to the manifest injury of the people of the            tleman from Oregon (Mr. DEFAZIO) is
                                      was added to at least one press release and             United States. Wherefore, President George             recognized for 5 minutes.
                                      cautionary information was deleted from                 W. Bush, by such conduct, is guilty of an im-
                                                                                              peachable offense warranting removal from
                                                                                                                                                       (Mr. DEFAZIO addressed the House.
                                      EPA’s draft version of that press release . . .
                                      The White House’s role in EPA’s public com-             office.                                                His remarks will appear hereafter in
                                      munications about WTC environmental con-                  The SPEAKER pro tempore (Mr.                         the Extensions of Remarks.)
                                      ditions was described in a September 12, 2001,          ELLISON). Under rule IX, a resolution                                    f
                                      e-mail from the EPA Deputy Administrator’s              offered from the floor by a Member                       The SPEAKER pro tempore. Under a
                                      Chief of Staff to senior EPA officials:                 other than the majority leader or the                  previous order of the House, the gen-
                                        ‘‘ ‘All statements to the media should be
                                                                                              minority leader as a question of the                   tleman from Georgia (Mr. BROUN) is
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                                      cleared through the NSC [National Security
                                      Council] before they are released.’                     privileges of the House has immediate                  recognized for 5 minutes.
                                        ‘‘According to the EPA Chief of Staff, one            precedence only at a time designated                     (Mr. BROUN of Georgia addressed the
                                      particular CEQ official was designated to               by the Chair within 2 legislative days                 House. His remarks will appear here-
                                      work with EPA to ensure that clearance was              after the resolution is properly noticed.              after in the Extensions of Remarks.)



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