Impeachment is not, and never was intended to be, a legal/judicial process. If that had been the intent we would have vested the power in the Judiciary, not Congress.
I have not come across ANYONE on DU who doesn't know that impeachment by the House does not automatically remove an official so I'm not sure who you are addressing when you say "
Damn it people, how many times do we need to explain how this works." You are mistaken to assert that Bush and Cheney are "free and clear" if they are not removed by the Senate.
- Impeachment is not really about Bush and Cheney.
Bush and Cheney turned the USA is a War Criminal nation that spies on its own citizens. Impeaching Bush and Cheney is about saying "that's not who we are." Impeachment is about declaring our commitment to the dictates of our Constitution. It is about unequivocally rejecting torture. It is about unequivocally rejecting their Unconstitutional claim to unitary authoritarian power. It is about saying "We refuse to tolerate the intolerable violations of our Constituion." Anything short of impeachment IS tolerating the intolerable.
- Impeachment is NOT a "one shot" deal.
If the Senate fails to convict on the first set of articles the House votes out, then the House can vote out another set. Tragically, Bush and Cheney have given them enough ammunition for at least a half-dozen impeachments. If the 110th Congress fails to force Bush and Cheney out of office, then the 111th can start from scratch and impeach "in absentia."
Your core argument seems to be "We can't win so don't fight." If that is what you are saying, then you are echoing the most insidious and destructive of all the rationalizations for inaction. There can be no victories if we refuse to fight and risk failure. Even if we believe the fight will be a "charge of the light brigade," when principle demands action, we must act, if only to show those who look back that there were some who refused to appease evil-doers.
In the 1930's, would you have told a prosecutor who had a town full of witnesses and confessions not to prosecute a lynch mob because you didn't think a racist jury would convict? Perhaps you would have, but if you did you'd be on the wrong side of history, standing with those surrendered to the horror of racist murder without a fight.
The case for impeaching and removing Bush and Cheney makes itself. We are all witnesses. Each time they claim unitary power to break our laws to "protect us" they "confess" and declare themselves intolerable threats to our constitutional democracy. Like squatters, they are laying claim to unconstitutional power through openly hostile possession. They trespass in plain sight. They do something unequivocally forbidden under our Constitution, publicly declare it is not forbidden, and dare Members of Congress to stop them. By refusing to accuse/impeach, win or lose, Members of Congress become complicit by legitimizing the fascist fantasy that the American presidency is vested with unlimited power.
As I said, when principle demands action, we must act, win or lose, so it doesn't matter how we think the Senate vote would come down. But consider this: if Bush and Cheney are impeached it is unlikely to ever get to a vote in the Senate. Republican Senators are already scrambling over each other to "distance themselves" from Bush. They aren't going to be keen on having to choose between voting to defend war criminals or voting to put Pelosi in the White House. You can bet they'll be doing everything in their power to force Bush and Cheney to resign "for the good of the Party" so they can escape having to make that choice and keep the White House in Republican hands.