When considering the possibility of impeachment, it seems the obvious thing to first wonder what it would take to get enough Republicans to make it possible. It is fair to consider that a long shot. Even supposing it happens, though, I don't see how the national debate could be framed merely around high crimes and misdemeanors. Clearly there are war crime implications and in particular the
War Crime Act of 1996, which
Newsweek wrote about in May 2004:
Memos Reveal War Crimes Warnings
By Michael Isikoff
Newsweek
Updated: 9:14 a.m. ET May 19, 2004
May 17 - The White House's top lawyer warned more than two years ago that U.S. officials could be prosecuted for "war crimes" as a result of new and unorthodox measures used by the Bush administration in the war on terrorism, according to an internal White House memo and interviews with participants in the debate over the issue.
The concern about possible future prosecution for war crimes—and that it might even apply to Bush adminstration officials themselves— is contained in a crucial portion of an internal January 25, 2002, memo by White House counsel Alberto Gonzales obtained by NEWSWEEK. It urges President George Bush declare the war in Afghanistan, including the detention of Taliban and Al Qaeda fighters, exempt from the provisions of the Geneva Convention.
In the memo, the White House lawyer focused on a little known 1996 law passed by Congress, known as the War Crimes Act, that banned any Americans from committing war crimes—defined in part as "grave breaches" of the Geneva Conventions. Noting that the law applies to "U.S. officials" and that punishments for violators "include the death penalty," Gonzales told Bush that "it was difficult to predict with confidence" how Justice Department prosecutors might apply the law in the future. This was especially the case given that some of the language in the Geneva Conventions—such as that outlawing "outrages upon personal dignity" and "inhuman treatment" of prisoners—was "undefined."
We are talking about a fascist cabal that does not respect the law. I do not think we can expect them to willingly stand trial at risk of the death penalty. Just as terror warnings
regularly coincide with increased sunlight on the administration, I think we can count on the final excuse for martial law coming along when impeachment seems imminent, if not sooner.
My plan, and my call to action, are found in
Blueprint For Peaceful Revolution (.pdf).