Bush-GOP NSA Deal May Bar Impeachment

Bush-GOP NSA Deal May Bar Impeachment

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The MSM paints the Bush-GOP NSA deal of new legislation as simply a political agreement to "fix" FISA. Some have provided assurances that there is nothing in the proposed legislation that would provide Bush immunity or bar impeachment. However, these assurances are based on elevating form over substance. The import of the legislation is Congressional approval of each of the known primary components of Bush's illegal NSA spying program. In legal jargon, a confirmation or adoption of the act of another even though it was not approved or legally authorized at the time the act was conducted is a ratification. As discussed below, there are at least two cases where Congress has retroactively ratified presidential actions in facts similar to Bush's NSA program. If this legislation retroactively ratifies Bush's illegal NSA program, then Bush's actions are deemed legal in the eyes of the law at the time he committed those actions. Then, the question is, how can Congress -- legally or politically -- impeach Bush for actions which Congress has now sanctioned as legal?


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In conclusion, it seems that the only way to answer the questions raised here is to have a public debate on the issue of the legal implications and consequences of the White House deal with the GOP before this proposed legislation is enacted by Congress. As noted in the Swayne case, the US Supreme Court stated that even without the ratification doctrine, the Congressional enactment of statutes effectively confirmed and approved the prior unauthorized actions of the Executive Branch. And, if Bush is not planning to use this legislation as a chickhawk maneuver to save him from impeachment, if he simply wants to improve the program to make Americans safer, then he should not object if we ask Congress to include a provision in this legislation that it shall not provide any immunity or defense to Bush should the American people wish to impeach him based on Bush's illegal NSA program prior to this legislation.

more at:

http://www.patriotdaily.com/bm/blog/bushgop-nsa-deal-may-bar-.shtml

We are blessed with an abundance of crimes in which to charge the felon in chief!

instead. Or maybe the Plame leak. So much on the table to choose from, frankly.

:popcorn: