Voters in two Vermont towns – Brattleboro and Marlboro – voted, symbolically, to indict President George W. Bush and Vice-President Dick Cheney. The vote would authorize local police to arrest the two, or extradite them for prosecution elsewhere, if either ever visits the towns, should they not face impeachment first. There is just one problem, whether symbolic gesture or not: while a sitting Vice-President, like all other federal civil officers, can face criminal prosecution, a sitting President cannot. Two famous examples are that of Vice-Presidents Aaron Burr and Spiro Agnew. The Department of Justice, in accordance with several court rulings, states that “…the indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.” Further, only the Congress has the authority to impeach a President while in office, and only later upon leaving can they be indicted and criminally prosecuted.
Impeachment is not a simple matter either, as a majority of the House of Representatives must agree to a resolution that alleges the President committed any of the offenses outlined in Article II of the Constitution – “treason, bribery, or other high crimes and misdemeanors.” Ambiguity of the latter has perplexed legal analysts and scholars since inception. What exactly are “high crimes and misdemeanors”? With no explicit definition of what constitutes an impeachable offense, impeachment has been inherently more political ploy than a true legal process “ . . . regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.” (Alexander Hamilton, The Federalist Papers, no. 65, 1788).
It is not a slight to say that the majority seeking the indictment/impeachment of President Bush and Vice-President Cheney are fringe leftists and politicians with an agenda. There have been many reasons offered for indicting/impeaching the President, but the two main arguments include the constitutionality of the 2003 invasion of Iraq and federal electronic surveillance programs. The invasion of Iraq is a moot point for several reasons, but mainly because the entire Congress – Republican and Democrat alike – overwhelmingly approved giving President Bush the right to prosecute the war. Manipulation or not of the intelligence, as proponents of impeachment contend – and who is to say who may have manipulated it, if at all – Washington would be emptied if the sole case for impeachment were lying to the American people. Is it criminal to protect this country against those who are a threat to it?
Incidentally, President Clinton faced impeachment for lying to a grand jury about his relationship with an intern. Yet, a better case could have been made for involving the U.S. in the war in Kosovo under false pretenses – the still dubious and undetermined claim of genocide – without Congressional approval and against the United Nations’ mandate of non-interference. Yet, no such proceedings ever occurred. Lest it be forgotten as well, Clinton signed into law the “Iraq Liberation Act” in October 1998, which stood as an official statement of policy calling for regime change in Iraq. Less than two months later, he authorized Operation Desert Fox, a four-day bombing campaign designed to weaken Saddam Hussein's grip on power – with the stated goal of hindering Iraq's ability to manufacture and use weapons of mass destruction. Five years later, the very same policy under the Bush Administration became an impeachable offense in conjunction with Democrats’ anti-war argument that Saddam Hussein never had WMDs.