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Holding Murderers Accountable: The Case Against Bush, Cheney, et al

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William John Cox
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Since the CIA is prohibited by law from engaging in covert activities intended to influence the U.S. political process, public opinion, policies, or the media, the forged letter was leaked through an aide to Ayad Allawi (a member of the Interim Governing Council and British intelligence informant) in Baghdad to an English journalist.

Con Coughlin, who has previously served as a conduit for British intelligence, wrote a front-page story in London’s Sunday Telegraph on December 14, 2003 headlined, "Terrorist behind September 11 strike ‘was trained by Saddam.’" As intended, the story was picked up and recycled by the U.S. media, including William Safire and Tom Brocaw, who treated the letter as genuine.

Suskind quotes two former CIA officers, Robert Richer and John Maguire, as witnesses to the forgery. Although both officers now deny any role in fabricating the false letter, Suskind states his interviews with them were tape recorded. On one recording, Richer is heard telling Suskind how Tenet assigned him to deal with the fabricated letter: "What I remember is George saying, ‘We got this from’ – basically, from what George said was ‘downtown.’" After Suskind says, "Which is the White House?" Richer says, "Yes. ... I would probably stand on my, basically, my reputation and say it came from the vice president."

When asked about the forgery, Tenet said, "There was no such order from the White House to me nor, to the best of my knowledge, was anyone from the CIA ever involved in such effort." Suskind calls such statements "part of George’s memory issue."

On December 14, 2004, Bush engaged in yet another coverup. He rewarded Tenet with the Presidential Medal of Freedom, the nation’s highest civilian honor. Bush said that Tenet’s "tireless efforts have brought justice to America's enemies and greater security to the American people."

Accountability

Impeachment. On May 10, 2006, the Speaker of the House of Representatives, Democrat Nancy Pelosi stated she was not interested in pursuing impeachment of President Bush; however, she has subsequently said that "If somebody had a crime that the president had committed, that would be a different story."

On December 8, 2006, then-Congresswoman Cynthia McKinney introduced articles of impeachment against President Bush, Vice President Cheney and Secretary of State Condoleezza Rice; however, her bill expired with the 109th Congress. McKinney is presently the Green Party’s nominee for president.

On November 6, 2007, Congressman Dennis Kucinich introduced a resolution in the House of Representatives to impeach Vice President Cheney.

On June 10, 2008, joined by Congressman Robert Wexler as cosponsor, Kucinich introduced a resolution of impeachment against President Bush listing 35 articles. The matter was referred to the Judiciary Committee by the House of Representatives; however, Speaker Pelosi refused to allow any hearings on the resolution.

On July 15, 2008, Congressman Kucinich introduced a new resolution of impeachment of President Bush limited to a single count stating that "President Bush, in violation of his oath of office, deceived Congress with fabricated threats of Iraq weapons of mass destruction to fraudulently obtain support for the authorization of use of force against Iraq and to commit troops to combat in Iraq." The matter was again referred to the Judiciary Committee.

A hearing was held on July 25, 2008; however it was limited to "Executive Power and Its Constitutional Limitations." Although Kucinich and others were allowed to testify, the question of impeachment was "not on the table."

President Bush’s approval rating is around 28 percent; however, Congress’ rating, perhaps because of its inability or refusal to impose any accountability on President Bush and his co-conspirators, is just 18 percent and falling.

Impeachment is the only Constitutional way to stop a corrupt or insane president from defying the Constitution and becoming a dictator. A new president will be inaugurated on January 20, 2009, just 142 days from now. It is unlikely that Congress can or will act in that time; however, that refusal to act will surely go down in history as one of the greatest failures of our democracy.

Criminal Prosecution. It is generally assumed that a sitting president is immune from criminal prosecution while in office; however, following President Clinton’s impeachment acquittal by the Senate, the special prosecutor impaneled a grand jury to hear the same evidence and to seek an indictment once he left office. Clinton avoided indictment by entered into a plea bargain one day before he left office requiring him to publicly admit his false testimony, to surrender his law license and to pay a fine of $25,000.

Inasmuch as Attorney General Michael Mukasey serves at the pleasure of President Bush, it is highly unlikely that the current Justice Department will seek an indictment of Bush for the crimes he has committed while in office. However, given the fact that there is no statute of limitations for murder, a future Attorney General appointed by a different president may be more inclined to investigate and indict Bush and his co-conspirators for their criminal behavior.

One does not need to be a trial lawyer to review the preceding paragraphs and to identify the actual witnesses who could be called to testify, either before Congress or in a criminal trial. It is quite easy to say something like "to the best of my knowledge" to a journalist; it is much more difficult to equivocate under oath during vigorous questioning in criminal proceedings or to hide behind the Fifth Amendment.

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William John Cox authored the Policy Manual of the Los Angeles Police Department and the Role of the Police in America for a National Advisory Commission during the Nixon administration. As a public interest, pro bono, attorney, he filed a class action lawsuit in 1979 petitioning the Supreme Court to order a National Policy Referendum; he investigated and successfully sued a group of radical (more...)
 
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