January 17, 2003
Draft Impeachment
Resolution Against President George W. Bush
by FRANCIS A. BOYLE
professor of law, University of Illinois
School of Law
108nd Congress H.Res.XX
1st Session
Impeaching George Walker Bush, President
of the United States, of high crimes and misdemeanors.
_______________________________________________
IN THE HOUSE OF REPRESENTATIVES
January __, 2003
Mr./Ms. Y submitted the following resolution;
which was referred to the Committee on Judiciary.
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A RESOLUTION
Impeaching George Walker Bush, President
of the United States, of high crimes and misdemeanors.
Resolved, That George Walker Bush, President
of the United States is impeached for high crimes and misdemeanors,
and that the following articles of impeachment be exhibited to
the Senate:
Articles of impeachment exhibited by
the House of Representatives of the United States of America
in the name of itself and of all of the people of the United
States of America, against George Walker Bush, President of the
United States of America, in maintenance and support of its impeachment
against him for high crimes and misdemeanors.
ARTICLE I
In the conduct of the office of President
of the United States, George Walker Bush, in violation of his
constitutional oath faithfully to execute the office of President
of the United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has attempted to impose a police
state and a military dictatorship upon the people and Republic
of the United States of America by means of "a long Train
of Abuses and Usurpations" against the Constitution since
September 11, 2001. This subversive conduct includes but is not
limited to trying to suspend the constitutional Writ of Habeas
Corpus; ramming the totalitarian U.S.A. Patriot Act through Congress;
the mass-round-up and incarceration of foreigners; kangaroo courts;
depriving at least two United States citizens of their constitutional
rights by means of military incarceration; interference with
the constitutional right of defendants in criminal cases to lawyers;
violating and subverting the Posse Comitatus Act; unlawful and
unreasonable searches and seizures; violating the First Amendments
rights of the free exercise of religion, freedom of speech, peaceable
assembly, and to petition the government for redress of grievances;
packing the federal judiciary with hand-picked judges belonging
to the totalitarian Federalist Society and undermining the judicial
independence of the Constitution's Article III federal court
system; violating the Third and Fourth Geneva Conventions and
the U.S. War Crimes Act; violating the International Covenant
on Civil and Political Rights and the International Convention
on the Elimination of All Forms of Racial Discrimination; reinstitution
of the infamous "Cointelpro" Program; violating the
Vienna Convention on Consular Relations, the Convention against
Torture, and the Universal Declaration of Human Rights; instituting
the totalitarian Total Information Awareness Program; and establishing
a totalitarian Northern Military Command for the United States
of America itself. In all of this George Walker Bush has acted
in a manner contrary to his trust as President and subversive
of constitutional government, to the great prejudice of the cause
of law and justice and to the manifest injury of the people of
the United States.
Wherefore George Walker Bush, by such
conduct, warrants impeachment and trial, and removal from office.
ARTICLE II
In the conduct of the office of President
of the United States, George Walker Bush, in violation of his
constitutional oath faithfully to execute the office of President
of the United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has violated the Equal Protection
Clause of the Constitution. U.S. soldiers in the Middle East
are overwhelmingly poor White, Black, and Latino and their military
service is based on the coercion of a system that has denied
viable economic opportunities to these classes of citizens. Under
the Constitution, all classes of citizens are guaranteed equal
protection of the laws, and calling on the poor and minorities
to fight a war for oil to preserve the lifestyles of the wealthy
power elite of this country is a denial of the rights of these
soldiers. In all of this George Walker Bush has acted in a manner
contrary to his trust as President and subversive of constitutional
government, to the great prejudice of the cause of law and justice
and to the manifest injury of the people of the United States.
Wherefore George Walker Bush, by such
conduct, warrants impeachment and trial, and removal from office.
ARTICLE III
In the conduct of the office of President
of the United States, George Walker Bush, in violation of his
constitutional oath faithfully to execute the office of President
of the United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has violated the U.S. Constitution,
federal law, and the United Nations Charter by bribing, intimidating
and threatening others, including the members of the United Nations
Security Council, to support belligerent acts against Iraq. In
all of this George Walker Bush has acted in a manner contrary
to his trust as President and subversive of constitutional government,
to the great prejudice of the cause of law and justice and to
the manifest injury of the people of the United States.
Wherefore George Walker Bush, by such
conduct, warrants impeachment and trial, and removal from office.
ARTICLE IV
In the conduct of the office of President
of the United States, George Walker Bush, in violation of his
constitutional oath faithfully to execute the office of President
of the United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has prepared, planned, and conspired
to engage in a massive war and catastrophic aggression against
Iraq by employing methods of mass destruction that will result
in the killing of hundreds of thousands of civilians, many of
whom will be children. This planning includes the threatened
use of nuclear weapons, and the use of such indiscriminate weapons
and massive killings by aerial bombardment, or otherwise, of
civilians, violates the Hague Regulations on land warfare, the
rules of customary international law set forth in the Hague Rules
of Air Warfare, the Four Geneva Conventions of 1949 and Protocol
I thereto, the Nuremberg Charter, Judgment, and Principles, the
Genocide Convention, the Universal Declaration of Human Rights,
and U.S. Army Field Manual 27-10 (1956). In all of this George
Walker Bush has acted in a manner contrary to his trust as President
and subversive of constitutional government, to the great prejudice
of the cause of law and justice and to the manifest injury of
the people of the United States.
Wherefore George Walker Bush, by such
conduct, warrants impeachment and trial, and removal from office.
ARTICLE V
In the conduct of the office of President
of the United States, George Walker Bush, in violation of his
constitutional oath faithfully to execute the office of President
of the United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has committed the United States
to acts of war without congressional consent and contrary to
the United Nations Charter and international law. From September,
2001 through January, 2003, the President embarked on a course
of action that systematically eliminated every option for peaceful
resolution of the Persian Gulf crisis. Once the President approached
Congress for consent to war, tens of thousands of American soldiers'
lives were in jeopardy - rendering any substantive debate by
Congress meaningless. The President has not received a Declaration
of War by Congress, and in contravention of the written word,
the spirit, and the intent of the U.S. Constitution has declared
that he will go to war regardless of the views of the American
people. In failing to seek and obtain a Declaration of War, George
Walker Bush has acted in a manner contrary to his trust as President
and subversive of constitutional government, to the great prejudice
of the cause of law and justice and to the manifest injury of
the people of the United States.
Wherefore George Walker Bush, by such
conduct, warrants impeachment and trial, and removal from office.
ARTICLE VI
In the conduct of the office of President
of the United States, George Walker Bush, in violation of his
constitutional oath faithfully to execute the office of President
of the United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has planned, prepared, and conspired
to commit crimes against the peace by leading the United States
into aggressive war against Iraq in violation of Article 2(4)
of the United Nations Charter, the Nuremberg Charter, Judgment,
and Principles, the Kellogg-Brand Pact, U.S. Army Field Manual
27-10 (1956), numerous other international treaties and agreements,
and the Constitution of the United States. In all of this George
Walker Bush has acted in a manner contrary to his trust as President
and subversive of constitutional government, to the great prejudice
of the cause of law and justice and to the manifest injury of
the people of the United States.
Wherefore George Walker Bush, by such
conduct, warrants impeachment and trial, and removal from office.
(In memory of Congressman Henry B. Gonzalez
- R.I.P. - and H. Res. 86, 102nd Cong., 1st Sess., Jan. 16, 1991.)
Francis A. Boyle,
Professor of Law, University of Illinois, is author of Foundations
of World Order, Duke University Press, The
Criminality of Nuclear Deterrence, and Palestine,
Palestinians and International Law, by Clarity Press.
He can be reached at: FBOYLE@LAW.UIUC.EDU
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