Live-blogging House hearing on Executive Power I

… I’m gonna try (hope I don’t get fired).

CONYERS:  … Interrogation and rendition of detainees and others, possible manipulation of intelligence regarding the Iraq War, improper retaliation against critics of the administration incl. the outing of V. Plame, excessive secrecy by admin. … I belive the evidence on these matters is both credible and substantial and warrants direct answers from the most senior members of the Admin under oath if at all possible.

This member, the second longest serving in the Congress, has a 40-year track record of opposing injustice by dems. and repubs.  Regardless of who is President and Congressional. majority next year, Congress and the American people will be struggling with the legacy of these excesses. By the same token, I have good friends on my side of the aisle who say we have done too little and too late.

I would remind all of us that that in the prior congress when I was chairman, I held forums on the presidential election in Ohio, what went wrong in that election, Downing Street, hearings on warrantless wiretapping and there’ve been 2 comprehensive reports on these matters.

In this congress, the Judiciary Comm. Has held more than 45 separate public hearings on these matters bringing in a range of witnesses including the former Atty. General, a couple of past atty. Generals and so we come here … also two heads of the Justice Dept. of legal counsel, etc.  Patrick Fitzgerald, Dept. of Justice liaison, Monica Goodling, former Secy. Of  State of Ohio, Blackwell, Douglas Feith, Ambassador Joseph Wilson, to name a few.

We’ve pursued criminal contempt against Harriet Myers, Pres. Former lawyer and Josh Bolton, his chief of Staff in the DOJ and federal court, and we expect tto take action against Karl Rover for his refusal to obey our Judic. Com. Subpoena.  I have also been involved, as other members of Committee, opposing the spying on Americans in wiretapping phones and warranteless surveillance and have opposed manyof the modifications in the wrong direction, in my view, of the FISA bill.  Wwe’ve helped initiate numerous … and have passed legislation into law limiting abusive US Atty. Appointments.  And we’re not done yet … we don’t intend to go away until we achieve the accountability the Congress is entitled to and the American people deserve.

… and so I conclude, our great challenge is to find a way to work together to protect these rights and develop a record and a process for addressing and correcting the abuses … a process that will stand the test of time in a manner that serves our nation and our Constitution.

Now recognize ranking member of Judiciary Committee, Lamar Smith.

(Lamar Smith is an ass)

We know bush won’t get impeached … they  haven’t proved he broke the law, this is blah blah blah blah.

Reads an excerpt of house rules.  References to Pres. – do not permit use of language that is personally offensive towards the President.

Yields back.

CONYERS: Recognizes Robert Wexler of Florida.

WEXLER:  I applaud your tenacity and courage for calling for this hearing.  Have vigorously argued immediately begin impeachment hearings.  Serious abuses that if proven would constitute high crimes.  WH accused of lying and … torture, firing US Attys., denying legitimate constitutional powers of Cong. oversight by ignoring subpoeans.  Never before in thie history of this nation has an Admin. so successfully diminished the powers of the Legisl. branch.  This must not stand.  This is not how our Founders designed our democracy.  … Pres. Bush has ordered Karl Rove, Myers, Bolton and others to simply ignore Congress by refusing to testify.  Failure of Admin. witnesses to even appear is unprecedented in the history of our nation.  Distorted concept of Exec. privilege to hide WH wrongdoings.  … most appropriate response to this behavior is to hold impeachment hearings.  (Applause).  The power of impeachment … was designed precisely for this type of wrongdoing.  Fully recognize significance of holding impeachment hearings … but when Admin. takes action that amounts to high crimes, we, the representatives of the people, have no choice … one branch carefully checks the other branches to prevent a dangerous consolidation of power.  The actions of the WH have eviscerated this balance.  This is not dem. or repub. issue — this is an American issue.  … Congress must end this disturbing pattern of behavior … only option left is impeachment hearings.  We’ve been down this road before (refers to Nixon).

In Jan. of this year I requested this Committee hold hearings to develop common understanding of role of impeachment in the US and standards set forth in the Constitution … I welcome this opportunity to explore limits of Executive Power.

I have a unique view of history of impeachment.  I served on the staff of Cong. Don Edwards during Nixon impeachment and a member of this committee during Clinton impeachment.

The two efforts could not have been more different.

Nixon consumed 14 months and if you add in Senate’s action, plus the evidence gathered by very active prosecutor that was voluminous, really going to issue of whether high crimes committeed by Nixon, and really the definition is rogue action that undercuts the very core system of government.

I won’t belabor the Clinton impeach. but simply say that his actions, though reprehensible, did not undercut entire system of American government.

Over past 7 years watched this country go down roads I would never imagine we’d go down. … those years during Repub. majority, that broad push of Exec. power was ratified by that Congress.  … I want to hear from witnesses of strategies to reverse expansion of Executive Power … It is my judgment that Bush is the worst president our country has ever suffered, making judgments jeopardizing national security, impaired our economy, diminished civil liberties of the American people.

Oh noes, criminalization of American politics.

Sees no credible basis for impeachment.

Yep.

This is not a personal but an insitutional discussion and a vital hearing.  Although Americans may be experiencing high prices at gas pump, may be concerns about torandoes and hurricanes, the economy, Congress can’t abdicate its responsibility to protect the Constitution.

Opening words of Constitution … we the people, etc.

… We cannot dictate as to what the ultimate outcome will be but we can take advantage of responsibilities of this particular body and this particular Congress.

Reasons why I believe this appropriate and that we have every right to be fact finding so that we can make judgments as to how we protect the Constitution of the US of A.  It is clear in this dcoument that Congress has the right to delcare War, in Art. 1, section 8.  The resolution was not a declaration of war … (discusses whether this Admin. Went forward on a war that was not declared under Constitution, and whether the presentation violated the Const. on  how it was presented).

Questions of torture … institutional Administration to in essence contravene international law and Constitution of the USA.  Question as to why an individual who admits to involvement in the exposing of a CIA … ROVE.

Question fo firing of US attys. has to do with any institutional statement of relationship betwween individuals who are supposed to be beyond politics.

Last, let me say that we have watched over a series of years, the Congress passing laws and then the laws being contravened by signing statements.  I introduced legislation about concept of signing statements contravening intent of this body.  We have the right to prohibit the funding of signing statements .. is executive overruling the legislative.

On Jan. 20, 2009, the next pres. and vp of US will stand before American people and take an oath of office, to preseve, etc. Constitution of the US.  This commitment and obligation is so fundamental to our democracy that our founders described that oath … and also proposed removal of Pres. And VP by impeachment.

… What this Congress does or chooses not to do in furthering investigation of serious allegations against this admin. And if just cause is found to hold them accountable will impact conduct of future pres. Perhaps for generations.

Those who would say holding this hearing, whether laws were broken, is frivolous.  No task more important for this Congress than to seriously consider whether our leaders have violated their oath of office.  … No pres. or congress has authority to override that document whereby we the people conferred upon the branches of government limited and defined power …

Over past several years serious questions raised about conduct of high-ranking officials … respect for rule of law, principle of checks and balances, and fundamental freedoms of Bill of Rights.  American people are in doubt as to whether admin. Officials have served their oaths of office.

Americans want to know whether our officials broke the law to justify their invasion of Iraq.  Is Bush WH planning to attack Iran?  Are their private conversations being listened to?  Torture?  They wonder who authorized torture and rendition, whether this Admin. Will forever change what it means to be an American.

Our efforts to hold WH accountable were  blocked at each step.  List of Cong. subpoenas refused to comply … Karl Rove defied Cong. subpoena to testify on allegations of politication at DOJ.

Our country ha been at war in Iraq and has occupied the streets and villages of Iraq for 5 years, 4 months and 6 days.  Has caused deaths of 4,127 American soldiers and deaths of as many as 1 million innocent Iraqis.  Costs upwards of $3 trillion and main contributing factor of destruction of  our American economy.

Enters resolutions into record.

Primary justifications for going to war outlined in the legislation which WH sent to Congress in October of 2002 have been determined conclusively to be untrue.  Iraq was not continuing to threaten national security of US, not developing WMD, not actively seeking nuclear weapons capability, did not have willingness to attack US, had not demonstrated capability and willingness to use WMD, could not launch a surprise attack against US – therefore there was not an extreme magnitude of harm that would result to the US and its citizens from such an attack.  Did not justify use of force by US to defend itself.

Iraw had no connection w ith 9/11 or Al  Quaeda … possessed no WMD to transfer to anyone.  Had no WMD and therefore had no capability of launching suprirse attack against US and no capability to provide them to international terrorists who would do so.

However, many members of Congress relied on these represntations from the WH to inform their decsion to support legislation authorizing use of force against Iraq.  We all know present and former colleagues said that if they knew then what t hey know now they would NOT have v oted to permit an attack upon Iraq.  The war was totally unnecessary, unprovoked .. question for Congress is this: what responsibility does Pres. and members of this Amin. to have for that war?  

Only remedy … is the remedy of impeachment because no one can interfere with it.  Important thing about impeachment is that there’s no executive privilege.  … You ask the President or VP to give you contents of FBI statement, they don’t do that, it becomes an impeachable offense.

You may not be able to finish, but you can start … send a signal to future presidents … this can only be a floor and god help us if that’s the case.