The New York Times calls for Gonzales's impeachment. Chuck Schumer admits error on Alito, and calls for a special prosecutor to investigate AG Gonzales. Iraq is getting worse, and new strange allegations about Bush's spying program are emerging (and that's not including all the other criminal acts, Scooter Libby, reconstruction theft, etc). We're on a road that leads only to one place to the removal of an illegitimate and overreaching executive.
It's important to frame this by understanding that impeachment is always a political issue, and never a legal one. As such, the important question is not whether the President committed crimes, but whether there is a coalition behind restoring legitimacy to the political system. This coalition needs to have at its core a set of elite decision-makers who have decided that impeachment is the only option that will allow them to preserve something they value. In this case, Bush is threatening the very legitimacy of Congress, and House members and Senators worked hard to get where they are.
I know of several large advocacy organizations that could send emails to their base on impeachment, knowing that the response level would be high. But the tradeoff for them is to message around impeachment, or message around a policy objective that is more 'achievable'. Resources are not infinite. We're in fights on Iraq, Iran, executive privilege, student loans, SCHIP, CAFE standards, the farm bill, 12 spending bills, etc.
This is why elite opinion is so important. Without that, these groups won't move on impeachment, because their resources - which could be used to insure poor kids - will be wasted. So the shifting of elite opinion, or at least the signs of it, are significant. Josh Marshall echoes elite opinion with this standard argument.
Without going into all the specifics, I think we are now moving into a situation where the White House, on various fronts, is openly ignoring the constitution, acting as though not just the law but the constitution itself, which is the fundamental law from which all the statutes gain their force and legitimacy, doesn't apply to them.
If that is allowed to continue, the defiance will congeal into precedent. And the whole structure of our system of government will be permanently changed.
Whether because of prudence and pragmatism or mere intellectual inertia, I still have the same opinion on the big question: impeachment. But I think we're moving on to dangerous ground right now, more so than some of us realize. And I'm less sure now under these circumstances that operating by rules of 'normal politics' is justifiable or acquits us of our duty to our country.
It is now conventional wisdom among elite mainstream and liberal pundits that Bush deserves impeachment, but that it 'can't' happen. That they won't write this is to their discredit, but hey, that's punditocracy for you. With Schumer and co. openly being laughed at by Gonzales, pressure is building in Congress as well to do something. Iraq is going to get worse, the conflicts are becoming uglier, and we're going to see more bitter fights over spending bills in the Senate.
Aside from elite opinion shifts, there's now a recognition that legitimacy in our political system needs an organized coalition to defend it. On Tuesday, there's a press call for this new coalition.
The Center for Constitutional Rights, Human Rights Watch, MoveOn.org and others are joining together to launch a campaign to help citizens defend democracy. The American Freedom Campaign (AFC), which will be launched with a teleconference call on Tuesday, July 31, is an online and offline effort to build grassroots support to restore checks and balances and reverse abuses of power by the executive branch.
A variety of pieces are snapping into place to have a real fight over Bush's future. I can imagine many ways that this plays out. When Bush refuses to heed Congress on a withdrawal bill, or should he attack Iran, it's going to come to a head.
Essentially, Bush has figured out that he can govern by vetoing everything he doesn't like and refusing to obey the law. That's putting immense pressure on Democrats, who are being pushed to 'get something done' while having to deal with someone that will not sign anything that is not exactly what he wants. That's just not a stable situation.
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