-Caveat Lector-

Preemptive impeachment
Law professor stands ready to draft articles for any member of the House

By K�llia Ramares
Online Journal Contributing Editor

While the United States will constantly strive to enlist the support of the 
international
community, we will not hesitate to act alone, if necessary, to exercise our right of 
self defense
by acting preemptively against such terrorists, to prevent them from doing harm 
against our
people and our country . . .

�The National Security Strategy of the United States of America

January 4, 2002�"We sentenced Nazi leaders to death for waging a war of aggression,"
says International Law Professor Francis A. Boyle of the University of Illinois, 
Urbana-
Champaign. By contrast, Prof. Boyle wants merely to impeach George W. Bush, Dick
Cheney, Donald Rumsfeld and John Ashcroft for their plans to invade Iraq and create a
police state in America.

Boyle is offering his services as counsel, free of charge, to any member of the House 
of
Representatives willing to sponsor articles of impeachment. He is experienced in this 
work,
having undertaken it in 1991 for the late Rep. Henry B. Gonzalez (D-TX), in an effort 
to stop
the first Persian Gulf War. It takes only one member to introduce articles of 
impeachment.
Of course, it will take many more than that to vote for impeachment, which will 
culminate in a
trial in the Senate. Boyle is confident that, once the articles are introduced, 
others, including
Republicans, will co-sponsor them. But we have to convince our Representatives that
impeachment is necessary for the country and politically safe for them. This 
non-violent,
constitutional process may be our best way of stopping World War III and saving our 
civil
rights.

Grounds for Impeachment

Article II Sec. 4 of the Constitution states that: "The President, Vice President and 
all Civil
Officers of the United States, shall be removed from Office on Impeachment for and
Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." Boyle says 
that
waging a war of aggression is a crime under the Nuremberg Charter, Judgment and
Principles. http://www.rise4news.net/Nurem.html  "It's very clear," he adds, "if you 
read all
the press reports, they are going to devastate Baghdad, a metropolitan area of 5 
million
people. The Nuremberg Charter clearly says the wanton devastation of a city is a 
Nuremberg
war crime."

The United States is a party to the Nuremberg Charter, Judgment and Principles, and 
thus
is constitutionally bound to obey them. "The Constitution, in Article 6, says that 
international
treaties are the supreme law of the land here in the United States of America. So all 
we
would be doing here, in this impeachment campaign," Boyle says, "is impeaching them for
violating international treaties, as incorporated into the United States Constitution, 
as well as
the Constitution itself."

Bush Cabal Repudiates Nuremberg Principles

We don't have to wait for the devastation of Baghdad to impeach the Bush cabal because
they have already repudiated the Nuremberg Charter via the so-called Bush Doctrine of
preventive war and pre-emptive attack. "This doctrine of pre-emptive warfare or 
pre-emptive
attack was rejected soundly in the Nuremberg Judgment, " Boyle says. "The Nuremberg
Judgment . . . rejected this Nazi doctrine of international law of alleged 
self-defense." The
Bush Doctrine, embodied in the National Security Strategy document, published on the
White House web site, is appalling, Boyle says. "It reads like a Nazi planning 
document prior
to the Second World War."
http://www.whitehouse.gov/nsc/nss.html

The Fruit Doesn't Fall Far From the Tree

As Rep. Henry B. Gonzalez explained on the floor of the House in 1991, his articles 
charged
the elder Bush with:

1) Violating the Equal Protection Clause by having minorities and poor whites, who 
were the
majority of the soldiers in the Middle East, "fight a war for oil to preserve the 
lifestyles of the
wealthy."

2) Violating "the Constitution, Federal law, and the UN Charter by bribing, 
intimidating, and
threatening others, including the members of the UN Security Council, to support 
belligerent
acts against Iraq."

3) Violating the Nuremberg principles by conspiring to engage in a massive war against 
Iraq
that would cause tens of thousands of civilian deaths.

4) Committing "the United States to acts of war without congressional consent and 
contrary
to the UN Charter and international law." (This refers to the lack of a formal 
declaration of
war, as required by the Constitution).

5) Committing crimes against the peace by leading the United States into aggressive war
against Iraq, in violation of Article 24 of the UN Charter, the Nuremberg Charter, 
other
international instruments and treaties, and the Constitution of the United States.

Boyle believes that the articles he drafted for Gonzalez' effort to impeach George H. 
W.
Bush, the father, could still serve as a basis for impeaching George W. Bush, the son.

Are the People Ready for Another Impeachment?

Impeachment has the advantage of bypassing the U.S. Supreme Court, which illegally
installed Bush in the Oval Office. The same "Justices" would have the final word on 
legal
challenges to constitutional abominations, such as the USA PATRIOT Act and the
Homeland Security Act, both of which the White House rammed through a Congress
frightened by the September 11th attacks and the as yet unsolved anthrax attacks on
Capitol Hill.

But no matter how blatant the violations of constitutional, statutory and 
international law are,
impeachment is still a political process. Republicans control the Congress and many
Democrats, fearful of being labeled "soft on terrorism" might be unwilling to 
challenge the
Bush cabal. It would take tremendous public pressure to get a reluctant Congress to
impeach. Still, Boyle thinks he can garner public support by adding an article of
impeachment against John Ashcroft.

 "We know for a fact that there are Republicans and Democrats and Independents and
Greens, even very conservative Republicans, such as Dick Armey and [Bob] Barr, who are
very worried about a police state." Boyle says that an article against Ashcroft would 
make
clear "that we don't want a police state in the name of an oil empire."

It's Up to Us

Unfortunately for the impeachment campaign, Armey has retired and Barr, who spoke out
against some of the most draconian proposals for what eventually became the USA
PATRIOT Act, was defeated in the Republican primary. Boyle is still waiting for the one
member of Congress willing to introduce articles of impeachment when the 108th Congress
convenes on January 7.

Since Bush has indicated that he is not likely to go to war before the end of January 
or early
February, Boyle thinks we have a month to stop the war by impeaching the chain of
command: Bush, Cheney and Rumsfeld, along with police state enforcer Ashcroft. Time and
the Internet are advantages Rep. Gonzalez did not have in 1991, when the Persian Gulf
War was launched the day after he introduced his articles.

Boyle is asking the public to push for impeachment in two ways. First, contact your own
member of Congress to urge him or her to introduce articles of impeachment, and tell 
the
member that he or she may contact Prof. Boyle [EMAIL PROTECTED] for assistance
in drafting the articles. Second, demand impeachment by engaging in non-violent direct
action, in exercise of your First Amendment rights to free speech, peaceable assembly 
and
petition for redress of grievances. Boyle was pleased that 100,000 people marched 
around
the White House last October 26 to protest the impending war on Iraq. But he says one
million people need to peaceably take to the streets with signs, banners and voices
shouting, "Impeach Bush!"

 "The bottom line: it's really up to you and to me to enforce the law and the 
Constitution
against our own government," he says. "We are citizens of the United States of 
America. We
have to act to preserve the republic that we have, to preserve our Constitution, to 
preserve a
rule of law. This is our responsibility as citizens. We simply can't pass the buck and 
say 'Oh,
some judge is going to do it somewhere.' It's up to us to keep this republic."

Copyright � 2003 K�llia Ramares. For fair use only.

Listen to K�llia Ramares' full interview of Prof. Francis Boyle at R.I.S.E. - Radio 
Internet
Story Exchange. Also, shop the R.I.S.E. online store for impeachment paraphernalia.



Download a printable version.

For a free copy of Adobe Acrobat Reader, click here.





National march against war and racism

Saturday, Jan. 18

National march on Washington, DC, to say no to war on Iraq. The event will begin with a
rally at 11a.m. Eastern time on the west side of the Capitol Building, followed by a 
march to
the Washington, DC, Navy Yard, a huge military complex located in the heart of one of
Washington's working class communities.

In a joint action in San Francisco, marchers will assemble at 11a.m. Pacific time at 
Market
and Embarcadero Streets in the Financial District for a march to Civic Center.

Sunday, Jan. 19

There will be a Youth and Student Rally and March against War and Racism In Washington,
DC. Marchers should gather at 11 a.m. at the Departmentt of In- Justice on Pennsylvania
Ave., between 9th and 10th Streets NW. There will be a march to the Presidential Palace
(a.k.a. the White House) for a Youth & Student Weapons Inspection.

The Youth and Student Rally and March is to protest the attacks against the Arab and
Muslim communities� including the recent mass arrests in California. People are
encouraged to bring banners and puppets, to dress as weapons inspectors, to find as 
many
creative methods to dramatize your demands in opposition to a war of aggression and in
support of a reorganization of society's priorities that would put people's needs 
ahead of the
Pentagon and the war profiteers in Corporate America. For more information on these
protests, please visit the website of International ANSWER �Act Now to Stop War and End
Racism.







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