The basis of state-initiated impeachment is the Jefferson Manual

This is an outcome of a discussion started in the Massachusetts forum - http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=158x8628#8649 - where there will be a resolution to support the impeachment of blivit and Cheney presented to the Massachusetts Democratic Convention (June 2-3 in Worcester).

It seems that not enough DU'er know that section 603 of Thomas Jefferson's Manual describes a process whereby states can intitiate the impreachment process.

For your reading pleasure......

JEFFERSON'S MANUAL - http://www.inetresults.com/impeach/strategy.html

According to Section 603 of Jefferson's Manual, "there are various methods of setting an impeachment in motion": 1) By charges made on the floor by a member of the House; 2) By charges preferred by a memorial filed by a House member; 3) By charges contained in a Resolution introduced by a House member; 4) By a message from the President; 5) By charges transmitted by a State legislature, or a grand jury; 5) By facts developed and reported by an investigating committee of the House.

According to Section 604 of the Manual, " direct proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business." It does not lose its privilege just because "a similar proposition has been made at a previous time during the same session of Congress." On the other hand, "a resolution simply proposing an investigation, even though impeachment may be a possible consequence, is not privileged." Where, however, "a resolution of investigation positively proposes impeachment or suggests that end, it has been admitted as of privilege."

The evidence supporting an impeachment resolution or a memorial suggesting an impeachment investigation may be based upon a variety of sources, including "common fame." (Section 304) "Common fame" includes information contained in newspaper and other media reports, as well as rumors commonly circulated in the community. The evidence upon which a resolution or memorial is based need not, therefore, be of the kind admissible and sufficient to prove a case in a court of law.

Once an impeachment resolution has been introduced or "charges suggesting impeachment have been made by memorial," the House may order an investigation at once or refer the charges to a Committee for examination and, if the Committee deems it appropriate for an investigation. (Section 605) The Committee may be "a select committee" or a "standing" one. In some instances the Committee has made its "inquiry ex parte," but "in the later practice the sentiment of committees has been in favor of permitting the accused to explain, present witnesses, cross-examine and be represented by counsel." (Section 606)

The purpose of the Committee investigation is to determine if there is sufficient evidence to charge an impeachable offense. If there is, then each "accusation" is to be "exhibited" as an "Article of Impeachment" and, if approved by the full House, "carried to the bar of the Senate" for trial with the House assuming the role of prosecutor. (Section 609)

Other resources:

Local initiatives - http://www.impeachbush.tv/impeach/bystate.html

History of State Initiated Impeachment - http://www.impeachbush.tv/impeach/statebasis.html

Constitutional Grounds for Presidential Impeachment - http://www.afterdowningstreet.org/node/8959

Impeachable Offenses - http://www.impeachbush.tv/impeach/offenses.html

Precedents for Starting a Federal Impeachment in a State or City - http://www.afterdowningstreet.org/?q=precedents

used to say, "that which none is greater than.";)

one Town Council in NC can propose this...then there's hope!

http://impeachpac.org/node/1053

Chapel Hill NC Town Council unanimously backs Impeachment
Submitted by philburk on Tue, 2006-05-09 13:27. Resolutions
by Matt Dees, Staff Writer, The News Observer, 5/9/06

CHAPEL HILL - President Bush should be impeached, Town Council members unanimously decided Monday night.

The vote was the local body's latest foray into national politics. A local Republican dismissed it as a "move of desperation."

Council members supported a petition from the grass-roots Elders for Peace group, which laid out three charges to justify impeachment:

* Bush "lied to Congress and the American people to launch an illegal war of aggression";

* Bush violated human rights by torturing prisoners at home and abroad and detaining suspects with no due process;

* Bush "unleashed a massive unconstitutional wiretap and spying operation against the people of the United States."

"I think this compels us -- you and all thinking people in the United States -- to move for impeachment," said Nancy Elkins, an Elders for Peace member. "If we don't, what are future citizens of our country going to think we were doing when we were allowing all of this?"

With little discussion, the council passed a resolution that said, in part, that Bush "'has acted contrary to law, and violated his oath to uphold the Constitution of the United States."

They had also passed a resolution in October calling for an end to the war in Iraq. And previously they had lodged a protest resolution against the war before it was launched in 2003.

Council member Mark Kleinschmidt thanked the group Monday for "so eloquently distilling what so many people in our community think."

Dan Cote, a Chapel Hill resident and chairman of the Orange County Republican Party, isn't one of the many.

Referring to lobbying investigations involving Rep. Jim Black and others, he said North Carolina Democrats are hoping to distract attention from "corruption in Raleigh."

"Chapel Hill, of course, is leading the charge to do that," Cote said when reached by phone after the meeting.

Cote dismissed the charges made Monday. He thinks the president made the right decision to go to war in Iraq and acted constitutionally in his use of domestic wiretaps.

He also said that the Bush administration does not condone torture.

"I think President Bush has the interest of the nation foremost in his mind at all times," Cote said. "History will look favorably upon this president and record that he did what needed to be done to make this a safe nation."

Robert Gwyn, Elders for Peace chairman, said it was important for local governments to go on record opposing Bush.

"You are the closest government body to the people," he said. "The people are very, very angry."

From http://www.newsobserver.com/102/story/437391.html

this is book markable!

this is not some online petition, or some meaningless venting of outrage. this is the real deal, a genuine threat to these monsters. we are working on one in illinois.
and i will add- i would like to coin the phrase- nuremberg style impeachment. visualize that.

you'll only get cheney, or hastert, or whatever. keep impeaching till we get to norm minetta doesn't seem to satisfy too many people.
so, i say, round 'em all up. i figure a dozen in the first batch ought to do. afaik, there is not limit to the number that you can toast at one time.

Let's see what the House Judiciary Chair does next January.

i still say that a widespread, grassroots impeachment effort, in the news daily, would prevent a war on iran. i don't think this junta would take it seriously, but i think that european leaders, and others, would be emboldened by it.

:kick:

That means the charges can include stealing an election, since that's certainly part of Bush's common fame.