Impeaching Bush, State by State

Forget bird flu, impeachment is spreading across the nation, state by state.

On Tuesday afternoon, Rep. Dave Zuckerman (Prog.-VT) dropped the third of three nearly unreported bombshells on the Bush administration. Zuckerman, along with 12 fellow lawmakers, introduced a formal resolution for the Vermont state legislature to call on the U.S. House of Representatives to impeach President George W. Bush.

With this resolution, Vermont joined the California and Illinois state legislatures, already embroiled in impeachment debates of their own.

For those who still believe impeachment's just a pipe dream, there are several key developments to consider beyond this burgeoning state movement. In addition to the hawkish Zbigniew Brzezinski's op-ed in Tuesday's International Herald Tribune warning that an attack on Iran could merit impeachment, Salon's Michelle Goldberg and my colleague Onnesha Roychoudhuri both noted last month that the "i-word" had gone public.

In an interview with impeachment expert Michael Ratner, Roychoudhuri observed that:

"[T]he distant rumbling is growing louder by the day, creating a resonant echo that is rapidly taking root in public discourse. 'Impeach Him,' reads the cover of this month's Harper's Magazine. And in a public forum in New York City last week, journalists, lawyers and political figures came together to discuss the case against our president."

While the main impediment continues to be a sycophantic Republican majority, polls show that more Americans favor impeachment hearings than currently approve of the job Bush is doing (33 to 32 percent). In addition, as Bob Geiger notes, Bush's state-by-state popularity is lower than even his anemic nationwide figures suggest, with a paltry four states remaining red two years into his second term. In other words, the population has the stomach for it even if the representatives don't.

The legal basis for these unprecedented state-level actions was discovered when, according to Steven Leser, Illinois Rep. Karen A. Yarbrough "stumbled on a little known and never utlitized rule of the U.S. House of Representatives." The rule was written in a book formerly known as Jefferson's Manual, which, according to C-SPAN, "is a book of rules of procedure and parliamentary philosophy … written by Thomas Jefferson in 1801 … [used by the House] as a supplement to its standing rules." Section LIII, sec. 603 states, "There are various methods of setting an impeachment in motion … [one of them is] by charges transmitted from the legislature of a State …"

Each of the three resolutions mentions Iraq lies, torture and illegal spying, with slight variations in tone and specifics. Assemblyman Paul Koretz's California resolution (which includes Dick Cheney) and the Illinois resolution both include the leak of Valerie Plame's identity, while Vermont's focuses almost exclusively on Bush's most salient transgression, his illegal spying on Americans. The spying charge leads the other two resolutions' list of charges as well.

In December, cringing at the prospect of getting scooped by its own reporter's upcoming book on the subject, the New York Times published a story it'd been sitting on for months at the behest of the Bush administration. The front page story by James Risen and Eric Lichtblau outlined a program for illegally spying on American citizens, which had been explicitly authorized by the president. It became popularly known as the NSA Wiretapping Scandal.

Having failed at pressuring the Times into hiding the story for another three years, the Bush administration opted for its signature blend of hubris and fear, at once admitting publicly to having violated the law but hiding beneath the smoke of "terrorism prevention" and the mirrors of the Nixonian prerogative: "When the president does it, that means that it is not illegal." Of course, we now know precisely how much water that explanation holds, even if reworded for maximum terror exploitation: "When the commander-in-chief does it, it is not illegal."