Dave Lindorff and Barbara Oskansky
Sat Nov 18, 2006 23:14

Guide to Impeachment and Censure Materials Online

The Case for Impeachment
C-Span2 Book TV 8/2/06
With Dave Lindorff and Barbara Oskansky
Website: http://www.thiscantbehappening.net

"If the Senate were to act in a manner seriously threatening the integrity of its results...judicial interference might well be appropriate." Walter Nixon v. United States, 506 U.S. at 253.

Assuming, for the sake of argument, that judicial review of a Presidential impeachment is Constitutionally possible, where would such judicial review begin? Would it begin by the President filing suit in a United States District Court? If so, and relief were denied by the United States District Court, the President would have a right of appeal to a Circuit Court of Appeals, but might only have a right to review by the United States Supreme Court via a petition for certiorari. Thus, the Supreme Court could deny certiorari, and avoid ruling on the issue entirely.

But what if the Supreme Court had original jurisdiction over the review of a Presidential impeachment? After all, there were no inferior Federal Courts at the time the Constitution was created. The only Federal Court discussed al all in the Constitution is the Supreme Court. Could the President file suit against the Senate in the Supreme Court itself? And what of the possibility that, even if there is an avenue for judicial review, the "political question" doctrine which prevents Courts from deciding matters which are inherently political, rather then legal would be used to avoid ruling on the central issue? See Baker v. Carr, 369 U.S. 186 (1962).



Petitions, memorials, <> and other papers addressed to the House may be presented by the Speaker as well as by a Member (IV, 3312). Petitions from the country at large are presented by the Speaker in the manner prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may present a petition from the people of a State other than his own (IV, 3315, 3316). The House itself may refer one portion of a petition to one committee and another portion to another committee (IV, 3359, 3360), but ordinarily the reference of a petition does not come before the House itself. A committee may receive a petition only through the House (IV, 4557).

Source: U.S. Government Printing Office

"I just want you to know that, when we talk about war, we're really talking about peace."
Bush, June 18, 2002

"War is Peace"
Big Brother in George Orwell's 1984


ARTICLES OF IMPEACHMENT AGAINST GEORGE W. BUSH details that evidence, the relevant laws and the legal precedents. It also explains what the Constitution says about impeachment – an informative discussion further illuminated by supplemental material that includes a history of impeachment, explanation of its procedures, and the previous articles of impeachment brought against Presidents Andrew Johnson, Richard Nixon and Bill Clinton.

With leading Republicans calling for investigations of the domestic spying campaign, a special prosecutor investigating the suppression of evidence used to launch the Iraq war, and hearings on innumerable instances of torture, ARTICLES OF IMPEACHMENT AGAINST GEORGE W. BUSH may be more timely than any of us would like to admit.

Center for Constitutional Rights

Shayana Kadidal is a staff attorney at the Center for Constitutional Rights who works on the Center’s major case on the illegal NSA domestic spying program, CCR v. Bush, as well as the Center’s Patriot Act case, and testified before Congress this past spring on the material witness statute. He is also currently working on Turkmen v. Ashcroft, representing people swept up on immigration charges after 9/11 and unlawfully detained and abused. He graduated from Yale Law School, and clerked at the U.S. Court of Appeals for the First Circuit.

APFN POGO: "RADIO YOUR WAY" http://www.apfn.net/POGO.HTM

3/07/06 C-SPAN: Harper's Magazine re: Impeachment
#1 http://www.apfn.net/audio/A001I06030715494101410-Harper1.MP3 (6.82MB) 29Min 46 Sec

#2 http://www.apfn.net/audio/A002I06030716193901410-Harper2.MP3 (8.29MB) 36Min 13Sec

#3 http://www.apfn.net/audio/A003I06030716570001410-Harper3.MP3 (6.48MB) 28Min 19 Sec

#4 http://www.apfn.net/audio/A004I06030717260101410-Harper4.MP3 (7.06MB) 30Min 50 Sec

#5 http://www.apfn.net/audio/A005I06030717565901410-Harper5.MP3 (5.86MB) 25Min 35 Sec

Main Page - Sunday, 11/19/06

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