H5192 CONGRESSIONAL RECORD — HOUSE June 10, 2008 and the energy industry for these kinds But when those people respond, they drive three times a week 30 miles each of problems. say, ‘‘If you would just do the things way to get dialysis so that I can be I just want to conclude quickly with we have asked you to do year after treated for diabetes.’’ He said, ‘‘Con- a story. I do represent a district that is year after year, we could solve this gressman, I am down to the point now one of the top 20 energy producers in problem.’’ of having to choose whether I can af- the United States, so we are more than So I am sorry I went on. You have ford dialysis, afford gasoline, or afford doing our part. I convened about a year been very generous with your time, and food.’’ ago, actually before this extraordinary I appreciate that very much. But it is Madam Speaker, it is time to say rise in prices, a group of independent a frustrating problem when the solu- yes. We have heard you say no; no to energy people that have spent a life- tions are sitting here waiting to be new drilling, no to building additional time trying to provide energy to this acted upon by this House and none of power plants in this country; no to new country. them are being dealt with at all. refineries. America is wanting you to I asked them, ‘‘Give me your sugges- Mr. WALBERG. I thank you for shar- say yes, because America is tired of tions. What can we do to increase the ing that history. It is a good point to writing checks to Hugo Chavez for $160 supply and stabilize and hopefully know what has been attempted and million every day. lower the price of a gallon of gasoline what hasn’t been accomplished. But it I thank my friend from Michigan to- or heating fuel or electricity?’’ They would also give the opportunity for our night for hosting this hour. I hope that thought, and they had a lot of great so- constituents to voice their concerns somehow the American people realize lutions. now with factual information to say that there is a willingness on behalf of They said, ‘‘Let’s go drill in ANWR, there are things you can do. Now get it many Members of Congress to say yes in Alaska. That would be a wonderful done. and to move forward and to do some- thing.’’ By the way, my good friend Mr. In the time remaining, I would like thing proactive, instead of doing some- YOUNG has a superb piece of legislation to turn a portion of that over to my thing that is called nothing. on that, H.R. 6107, that would actually good friend and colleague from Texas, Mr. WALBERG. I thank my good allow us to drill there and invest some bringing the southern States in now, friend and colleague from Texas for of the severance revenue in alternative Congressman RANDY NEUGEBAUER. ending it on a point that is poignant, energy supplies so we could both meet Mr. NEUGEBAUER. Well, I thank the that reminds us what this really costs. an immediate need and start looking gentleman from Michigan. I also want I wish we could go on and on tonight to for alternatives. to thank the gentleman from Okla- bring out more points like this. This is But they suggested that. I said, homa, because he makes a very good critical. It is a security issue, as well ‘‘Well, you know, I am for that. I voted point. And when he says we are import- as a point of life, and you made it very for that. The Republican majority ing thousands of dollars, actually it is clear. I don’t want to write a check for passed it four times in the House and billions of dollars. Every day America $170 million to Hugo Chavez. Let’s get couldn’t get it through the Senate be- gets up and writes a check for $1 bil- it done. cause of Democratic obstruction, so we lion-plus to buy enough energy to run probably can’t get it done.’’ this country for 1 day. f Then they said, ‘‘Let’s do more explo- What does that mean? That means RESOLUTION RAISING A QUESTION ration and production offshore. We that it takes $365 billion currently for OF THE PRIVILEGES OF THE have seen Katrina. That has worked America to buy enough energy just to HOUSE well in terms of no spillage. We know run our country on an annual basis, $1 Mr. KUCINICH. Madam Speaker, I we had 25 percent of our supply in the billion every day. And do you know rise to a question of the privileges of Gulf of Mexico. We could do more.’’ I what? Unfortunately, some of that the House and offer the impeachment said, ‘‘Well, I am for that, but we can’t money is going to some folks that resolution noticed last evening. do that either.’’ aren’t all that friendly to the Amer- The SPEAKER pro tempore (Ms. Then they asked about additional re- ican people. One of those people is RICHARDSON). The Clerk will report the fining capacity, and they asked about Hugo Chavez. resolution. expedited permitting on non-park Fed- I want to read you what Hugo Chavez The Clerk read the resolution, as fol- eral lands. They just went through a thinks about America. He said, ‘‘What lows: litany of things. Alternative energy. we do regarding the imperialist power Each one I would say yes, I am for of the United States, we have no choice H. RES. 1258 that, but we can’t get that through, but to unite. We use oil in our war Resolved, That President George W. Bush particularly a Democratic Congress. against neo-liberalism.’’ He also said, be impeached for high crimes and mis- Finally at the end of this in frustra- ‘‘We have invaded the United States, demeanors, and that the following articles of impeachment be exhibited to the United tion, one of my good friends said, but with our oil.’’ States Senate: ‘‘Well, why don’t you go back and ask So every day as the American people Articles of impeachment exhibited by the those other Members of Congress who go to the pumps all across America, House of Representatives of the United are opposing these measures just how what I want them to visualize is that States of America in the name of itself and rich they want foreign countries to be? every day we write Hugo Chavez, who of the people of the United States of Amer- Just how much they want to pay the calls us imperialists, a $170 million ica, in maintenance and support of its im- people overseas that we are importing check. That is $62 billion a year. What peachment against President George W. this petroleum from, or this gas, when would happen if we could invest $1 bil- Bush for high crimes and misdemeanors. In his conduct while President of the we could actually do the production lion a day in America developing United States, George W. Bush, in violation here? Because they are exporting thou- America’s energy resources, creating of his constitutional oath to faithfully exe- sands of jobs, billions of dollars, and jobs for Americans? Think about it. In- cute the office of President of the United they are jeopardizing our security.’’ stead of writing Hugo Chavez a check States and, to the best of his ability, pre- Then the guy added in fairness, he for $172 million, that we write America serve, protect, and defend the Constitution said, ‘‘By the way, we are all here giv- a check for $172 million? of the United States, and in violation of his ing you suggestions about how to lower I think of the people I know in the constitutional duty to take care that the the price of the product that we 19th Congressional District of Texas, laws be faithfully executed, has committed the following abuses of power. produce.’’ which is a big district, 29,000 square We have had a shameful exercise, in miles, 27 counties, teachers having to ARTICLE I.—CREATING A SECRET PROPAGANDA CAMPAIGN TO MANUFACTURE A FALSE CASE my opinion, in the last several days, drive 60, 70 miles a day to go and teach FOR WAR AGAINST IRAQ particularly on the Senate side, where our young people, that now are looking people that work to solve America’s In his conduct while President of the at doubling the cost of making that United States, George W. Bush, in violation energy problems are brought in and in- commute across the district. of his constitutional oath to faithfully exe- terrogated as if they are the source of I think about the man last night that cute the office of President of the United the problems, and the only frankly jus- I was talking to in my district. He said, States and, to the best of his ability, pre- tification for that is the high prices. ‘‘Congressman,’’ he said, ‘‘I have to serve, protect, and defend the Constitution

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K10JN7.154 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5193 of the United States, and in violation of his rogates’’ who would deliver administration contrary to his trust as President and Com- constitutional duty under Article II, Section ‘‘themes and messages’’ to millions of Amer- mander in Chief, and subversive of constitu- 3 of the Constitution ‘‘to take care that the icans ‘‘in the form of their own opinions.’’ In tional government, to the prejudice of the laws be faithfully executed’’, has both per- fact, they did deliver the themes and the cause of law and justice and to the manifest sonally and acting through his agents and messages but did not reveal that the Pen- injury of the people of the United States. subordinates, together with the Vice Presi- tagon had provided them with their talking Wherefore, President George W. Bush, by dent, illegally spent public dollars on a se- points. Robert S. Bevelacqua, a retired Green such conduct, is guilty of an impeachable of- cret propaganda program to manufacture a Beret and Fox News military analyst de- fense warranting removal from office. false cause for war against Iraq. scribed this as follows: ‘‘It was them saying, ARTICLE II.—FALSELY, SYSTEMATICALLY, AND The Department of Defense (DOD) has en- ‘We need to stick our hands up your back WITH CRIMINAL INTENT CONFLATING THE AT- gaged in a years-long secret domestic propa- and move your mouth for you.’’’ TACKS OF SEPTEMBER 11, 2001 WITH MISREPRE- ganda campaign to promote the invasion and Congress has restricted annual appropria- SENTATION OF IRAQ AS AN IMMINENT SECU- occupation of Iraq. This secret program was tions bills since 1951 with this language: ‘‘No RITY THREAT AS PART OF A FRAUDULENT JUS- defended by the White House Press Secretary part of any appropriation contained in this TIFICATION FOR A WAR OF AGGRESSION. following its exposure. This program follows or any other Act shall be used for publicity In his conduct while President of the the pattern of crimes detailed in Article I, II, or propaganda purposes within the United United States, George W. Bush, in violation IV and VIII.. The mission of this program States not heretofore authorized by the Con- of his constitutional oath to faithfully exe- placed it within the field controlled by the gress.’’ cute the office of President of the United White House Iraq Group (WHIG), a White A March 21, 2005, report by the Congres- States and, to the best of his ability, pre- House task-force formed in August 2002 to sional Research Service states that ‘‘pub- serve, protect, and defend the Constitution market an invasion of Iraq to the American licity or propaganda’’ is defined by the U.S. of the United States, and in violation of his people. The group included Karl Rove, I. Government Accountability Office (GAO) to constitutional duty under Article II, Section Lewis Libby, Condoleezza Rice, Karen mean either (1) self-aggrandizement by pub- 3 of the Constitution ‘‘to take care that the Hughes, Mary Matalin, Stephen Hadley, lic officials, (2) purely partisan activity, or laws be faithfully executed’’, has both per- Nicholas E. Calio, and James R. Wilkinson. (3) ‘‘covert propaganda.’’ The WHIG produced white papers detailing These concerns about ‘‘covert propaganda’’ sonally and acting through his agents and so-called intelligence of Iraq’s nuclear threat were also the basis for the GAO’s standard subordinates, together with the Vice Presi- that later proved to be false. This supposed for determining when government-funded dent, executed a calculated and wide-ranging intelligence included the claim that Iraq had video news releases are illegal: strategy to deceive the citizens and Congress sought uranium from Niger as well as the ‘‘The failure of an agency to identify itself of the United States into believing that claim that the high strength aluminum as the source of a prepackaged news story there was and is a connection between Iraq tubes Iraq purchased from China were to be misleads the viewing public by encouraging and Saddam Hussein on the one hand, and used for the sole purpose of building cen- the viewing audience to believe that the the attacks of September 11, 2001 and al trifuges to enrich uranium. Unlike the Na- broadcasting news organization developed Qaeda, on the other hand, so as to falsely tional Intelligence Estimate of 2002, the the information. The prepackaged news sto- justify the use of the United States Armed WHIG’s white papers provided ‘‘gripping im- ries are purposefully designed to be indistin- Forces against the nation of Iraq in a man- ages and stories’’ and used ‘‘literary license’’ guishable from news segments broadcast to ner that is damaging to the national secu- with intelligence. The WHIG’s white papers the public. When the television viewing pub- rity interests of the United States, as well as were written at the same time and by the lic does not know that the stories they to fraudulently obtain and maintain congres- same people as speeches and talking points watched on television news programs about sional authorization and funding for the use prepared for President Bush and some of his the government were in fact prepared by the of such military force against Iraq, thereby top officials. government, the stories are, in this sense, no interfering with and obstructing Congress’s The WHIG also organized a media blitz in longer purely factual—the essential fact of lawful functions of overseeing foreign affairs which, between September 7–8, 2002, Presi- attribution is missing.’’ and declaring war. dent Bush and his top advisers appeared on The White House’s own Office of Legal The means used to implement this decep- numerous interviews and all provided simi- Council stated in a memorandum written in tion were and continue to be, first, allowing, larly gripping images about the possibility of 2005 following the controversy over the Arm- authorizing and sanctioning the manipula- nuclear attack by Iraq. The timing was no strong Williams scandal: tion of intelligence analysis by those under coincidence, as Andrew Card explained in an ‘‘Over the years, GAO has interpreted ‘pub- his direction and control, including the Vice interview regarding waiting until after licity or propaganda’ restrictions to preclude President and the Vice President’s agents, Labor Day to try to sell the American people use of appropriated funds for, among other and second, personally making, or causing, on military action against Iraq, ‘‘From a things, so-called ‘covert propaganda.’ ... authorizing and allowing to be made through marketing point of view, you don’t introduce Consistent with that view, the OLC deter- highly- placed subordinates, including the new products in August.’’ mined in 1988 that a statutory prohibition on President’s Chief of Staff, the White House September 7–8, 2002: using appropriated funds for ‘publicity or Press Secretary and other White House NBC’s ‘‘Meet the Press: Vice President propaganda’ precluded undisclosed agency spokespersons, the Secretaries of State and Cheney accused Saddam of moving aggres- funding of advocacy by third-party groups. Defense, the National Security Advisor, and sively to develop nuclear weapons over the We stated that ‘covert attempts to mold their deputies and spokespersons, false and past 14 months to add to his stockpile of opinion through the undisclosed use of third fraudulent representations to the citizens of chemical and biological arms. parties’ would run afoul of restrictions on the United States and Congress regarding an CNN: Then-National Security Adviser Rice using appropriated funds for ‘propaganda.’’’ alleged connection between Saddam Hussein said, regarding the likelihood of Iraq obtain- Asked about the Pentagon’s propaganda and Iraq, on the one hand, and the Sep- ing a nuclear weapon, ‘‘We don’t want the program at White House press briefing in tember 11th attacks and al Qaeda, on the smoking gun to be a mushroom cloud.’’ April 2008, White House Press Secretary other hand, that were half-true, literally CBS: President Bush declared that Saddam Dana Perino defended it, not by arguing that true but misleading, and/or made without a was ‘‘six months away from developing a it was legal but by suggesting that it reasonable basis and with reckless indiffer- weapon,’’ and cited satellite photos of con- ‘‘should’’ be: ‘‘Look, I didn’t know look, I ence to their truth, as well as omitting to struction in Iraq where weapons inspectors think that you guys should take a step back state facts necessary to present an accurate once visited as evidence that Saddam was and look at this look, DOD has made a deci- picture of the truth as follows: trying to develop nuclear arms. sion, they’ve decided to stop this program. (A) On or about September 12, 2001, former The Pentagon military analyst propaganda But I would say that one of the things that terrorism advisor Richard Clarke personally program was revealed in an April 20, 2002, we try to do in the administration is get in- informed the President that neither Saddam New York Times article. The program ille- formation out to a variety of people so that Hussein nor Iraq was responsible for the Sep- gally involved ‘‘covert attempts to mold everybody else can call them and ask their tember 11th attacks. On September 18, opinion through the undisclosed use of third opinion about something. And I don’t think Clarke submitted to the President’s National parties.’’ Secretary of Defense Donald Rums- that that should be against the law. And I Security Adviser Condoleezza Rice a memo feld recruited 75 retired military officers and think that it’s absolutely appropriate to pro- he had written in response to George W. gave them talking points to deliver on Fox, vide information to people who are seeking Bush’s specific request that stated: (1) the CNN, ABC, NBC, CBS, and MSNBC, and ac- it and are going to be providing their opin- case for linking Hussein to the September cording to the New York Times report, ions on it. It doesn’t necessarily mean that 11th attacks was weak; (2) only anecdotal which has not been disputed by the Pentagon all of those military analysts ever agreed evidence linked Hussein to al Qaeda; (3) or the White House, ‘‘Participants were in- with the administration. I think you can go Osama Bin Laden resented the secularism of structed not to quote their briefers directly back and look and think that a lot of their Saddam Hussein; and (4) there was no con- or otherwise describe their contacts with the analysis was pretty tough on the administra- firmed reporting of Saddam Hussein cooper- Pentagon.’’ tion. That doesn’t mean that we shouldn’t ating with Bin Laden on unconventional According to the Pentagon’s own internal talk to people.’’ weapons. documents, the military analysts were con- In all of these actions and decisions, Presi- (B) Ten days after the September 11th at- sidered ‘‘message force multipliers’’ or ‘‘sur- dent George W. Bush has acted in a manner tacks the President received a President’s

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.050 H10JNPT1 jbell on PROD1PC69 with HOUSE H5194 CONGRESSIONAL RECORD — HOUSE June 10, 2008 Daily Briefing which indicated that the U.S. emboldened regime were to supply these tion of Iraq . . . removed an ally of al intelligence community had no evidence weapons to terrorist allies, then the attacks Qaeda.’’ May 1, 2003, Speech of President linking Saddam Hussein to the September of September 11th would be a prelude to far Bush on U.S.S. Abraham Lincoln. 11th attacks and that there was ‘‘scant cred- greater horrors.’’ March 6, 2003, Statement of (H) The Senate Select Committee on Intel- ible evidence that Iraq had any significant President Bush in National Press Con- ligence Report on Whether Public State- collaborative ties with Al Qaeda.’’ ference. ments Regarding Iraq By U.S. Government (C) In Defense Intelligence Terrorism Sum- (3) ‘‘The battle of Iraq is one victory in a Officials Were Substantiated By Intelligence mary No. 044–02, issued in February 2002, the war on terror that began on September the Information, which was released on June 5, United States Defense Intelligence Agency 11, 2001—and still goes on. That terrible 2008, concluded that: cast significant doubt on the possibility of a morning, 19 evil men—the shock troops of a (1) ‘‘Statements and implications by the Saddam Hussein-Al Qaeda conspiracy: hateful ideology—gave America and the civ- President and Secretary of State suggesting ‘‘Saddam’s regime is intensely secular and is ilized world a glimpse of their ambitions. that Iraq and al-Qaeda had a partnership, or wary of Islamic revolutionary movements. They imagined, in the words of one terrorist, that Iraq had provided al-Qaeda with weap- Moreover, Baghdad is unlikely to provide as- that September the 11th would be the ‘begin- ons training, were not substantiated by the sistance to a group it cannot control.’’ ning of the end of America.’ By seeking to intelligence.’’ (D) The October 2002 National Intelligence turn our cities into killing fields, terrorists (2) ‘‘The Intelligence Community did not Estimate gave a ‘‘Low Confidence’’ rating to and their allies believed that they could de- confirm that Muhammad Atta met an Iraqi the notion of whether ‘‘in desperation Sad- stroy this nation’s resolve, and force our re- intelligence officer in Prague in 2001 as the dam would share chemical or biological treat from the world. They have failed.’’ May Vice President repeatedly claimed.’’ Through his participation and instance in weapons with Al Qaeda.’’ The CIA never in- 1, 2003, Speech of President Bush on U.S.S. the breathtaking scope of this deception, the formed the President that there was an oper- Abraham Lincoln. ational relationship between Al Qaeda and (4) ‘‘Now we’re in a new and unprecedented President has used the highest office of trust to wage of campaign of deception of such so- Saddam Hussein; on the contrary, its most war against violent Islamic extremists. This phistication as to deliberately subvert the ‘‘aggressive’’ analysis contained in Iraq and is an ideological conflict we face against national security interests of the United al-Qaeda-Interpreting a ‘‘Murky Relation- murderers and killers who try to impose States. His dishonesty set the stage for the ship’’ dated June 21, 2002 was that Iraq had their will. These are the people that at- loss of more than 4000 United States service had ‘‘sporadic, wary contacts with al Qaeda tacked us on September the 11th and killed members; injuries to tens of thousands of since the mid-1990s rather than a relation- nearly 3,000 people. The stakes are high, and soldiers, the loss of more than 1,000,000 inno- ship with al Qaeda that has developed over once again, we have had to change our stra- cent Iraqi citizens since the United States time.’’ tegic thinking. The major battleground in invasion; the loss of approximately $527 bil- (E) Notwithstanding his knowledge that this war is Iraq.’’ June 28, 2007, Speech of lion in war costs which has increased our neither Saddam Hussein nor Iraq was in any President Bush at the Naval War College in way connected to the September 11th at- Federal debt and the ultimate expenditure of Newport, Rhode Island. three to five trillion dollars for all costs cov- tacks, the President allowed and authorized (G) Notwithstanding his knowledge that ering the war; the loss of military readiness those acting under his direction and control, there was no credible evidence of a working within the United States Armed Services due including Vice President Richard B. Cheney relationship between Saddam Hussein and Al to overextension, the lack of training and and Lewis Libby, who reported directly to Qaeda and that the intelligence community lack of equipment; the loss of United States both the President and the Vice President, had specifically assessed that there was no and Secretary of Defense Donald Rumsfeld, credibility in world affairs; and the decades such operational relationship, the President, of likely blowback created by the invasion of among others, to pressure intelligence ana- both personally and through his subordi- lysts to alter their assessments and to create Iraq. nates and agents, has repeatedly falsely rep- In all of these actions and decisions, Presi- special units outside of, and unknown to, the resented, both explicitly and implicitly, and dent George W. Bush has acted in a manner intelligence community in order to secretly through the misleading use of selectively- contrary to his trust as President and Com- obtain unreliable information, to manufac- chosen facts, to the citizens of the United mander in Chief, and subversive of constitu- ture intelligence or reinterpret raw data in States and to the Congress that there was tional government, to the prejudice of the ways that would further the Bush adminis- and is such an ongoing operational relation- cause of law and justice and to the manifest tration’s goal of fraudulently establishing a ship, to wit: injury of the people of the United States. relationship not only between Iraq and al (1) ‘‘We know that Iraq and al Qaeda have Wherefore, President George W. Bush, by Qaeda, but between Iraq and the attacks of had high-level contacts that go back a dec- such conduct, is guilty of an impeachable of- September 11th. ade. Some al Qaeda leaders who fled Afghani- fense warranting removal from office. (F) Further, despite his full awareness that stan went to Iraq. These include one very ARTICLE III.—MISLEADING THE AMERICAN PEO- Iraq and Saddam Hussein had no relationship senior al Qaeda leader who received medical PLE AND MEMBERS OF CONGRESS TO BELIEVE to the September 11th attacks, the Presi- treatment in Baghdad this year, and who has IRAQ POSSESSED WEAPONS OF MASS DESTRUC- dent, and those acting under his direction been associated with planning for chemical TION, SO AS TO MANUFACTURE A FALSE CASE and control have, since at least 2002 and con- and biological attacks. We’ve learned that FOR WAR tinuing to the present, repeatedly issued Iraq has trained al Qaeda members in bomb- public statements deliberately worded to making and poisons and deadly gases.’’ Sep- In his conduct while President of the mislead, words calculated in their implica- tember 28, 2002, Weekly Radio Address of United States, George W. Bush, in violation tion to bring unrelated actors and cir- President Bush to the Nation. of his constitutional oath to faithfully exe- cumstances into an artificially contrived re- (2) ‘‘[W]e we need to think about Saddam cute the office of President of the United ality thereby facilitating the systematic de- Hussein using al Qaeda to do his dirty work, States and, to the best of his ability, pre- ception of Congress and the American peo- to not leave fingerprints behind.’’ October 14, serve, protect, and defend the Constitution ple. Thus the public and some members of 2002, Remarks by President Bush in Michi- of the United States, and in violation of his Congress, came to believe, falsely, that there gan. constitutional duty under Article II, Section was a connection between Iraq and the at- (3) ‘‘We know he’s got ties with al Qaeda.’’ 3 of the Constitution ‘‘to take care that the tacks of 9/11. This was accomplished through November 1, 2002, Speech of President Bush laws be faithfully executed’’, has both per- well-publicized statements by the Bush Ad- in New Hampshire. sonally and acting through his agents and ministration which contrived to continually (4) ‘‘Evidence from intelligence sources, se- subordinates, together with the Vice Presi- tie Iraq and 9/11 in the same statements of cret communications, and statements by dent, executed instead a calculated and wide- grave concern without making an explicit people now in custody reveal that Saddam ranging strategy to deceive the citizens and charge: Hussein aids and protects terrorists, includ- Congress of the United States into believing (1) ‘‘[If] Iraq regimes [sic] continues to defy ing members of al Qaeda. Secretly, and with- that the nation of Iraq possessed weapons of us, and the world, we will move deliberately, out fingerprints, he could provide one of his mass destruction in order to justify the use yet decisively, to hold Iraq to account . . . hidden weapons to terrorists, or help them of the United States Armed Forces against It’s a new world we’re in. We used to think develop their own.’’ January 28, 2003, Presi- the nation of Iraq in a manner damaging to two oceans could separate us from an enemy. dent Bush’s State of the Union Address. our national security interests, thereby On that tragic day, September the 11th, 2001, (5) ‘‘[W]hat I want to bring to your atten- interfering with and obstructing Congress’s we found out that’s not the case. We found tion today is the potentially much more sin- lawful functions of overseeing foreign affairs out this great land of liberty and of freedom ister nexus between Iraq and the al Qaeda and declaring war. and of justice is vulnerable. And therefore we terrorist network, a nexus that combines The means used to implement this decep- must do everything we can—everything we classic terrorist organizations and modern tion were and continue to be personally can—to secure the homeland, to make us methods of murder. Iraq today harbors a making, or causing, authorizing and allow- safe.’’ Speech of President Bush in Iowa on deadly terrorist network . . .’’ February 5, ing to be made through highly-placed subor- September 16, 2002. 2003, Speech of Former Secretary of State dinates, including the President’s Chief of (2) ‘‘With every step the Iraqi regime takes Colin Powell to the United Nations. Staff, the White House Press Secretary and toward gaining and deploying the most ter- (6) ‘‘The battle of Iraq is one victory in a other White House spokespersons, the Secre- rible weapons, our own options to confront war on terror that began on September the taries of State and Defense, the National Se- that regime will narrow. And if an 11, 2001—and still goes on. . . . [T]he libera- curity Advisor, and their deputies and

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.050 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5195 spokespersons, false and fraudulent represen- President Bush to Vice President Cheney and substantiated by available intelligence infor- tations to the citizens of the United States the Senate, January 20, 2003. mation.’’ and Congress regarding Iraq’s alleged posses- (3) ‘‘The British Government has learned (3) Chairman of the Senate Intelligence sion of biological, chemical and nuclear that Saddam Hussein recently sought signifi- Committee Jay Rockefeller concluded: ‘‘In weapons that were half-true, literally true cant quantities of uranium from Africa.’’ making the case for war, the Administration but misleading, and/or made without a rea- President Bush Delivers State of the Union repeatedly presented intelligence as fact sonable basis and with reckless indifference Address, January 28, 2003. when in reality it was unsubstantiated, con- to their truth, as well as omitting to state (C) Despite overwhelming evidence in the tradicted, or even non-existent. As a result, facts necessary to present an accurate pic- form of reports by nuclear weapons experts the American people were led to believe that ture of the truth as follows: from the Energy, the Defense and State De- the threat from Iraq was much greater than (A) Long before the March 19, 2003 invasion partments, as well from outside and inter- actually existed.’’ of Iraq, a wealth of intelligence informed the national agencies which assessed that alu- The President has subverted the national President and those under his direction and minum tubes the Iraqis were purchasing security interests of the United States by control that Iraq’s stockpiles of chemical were not suitable for nuclear centrifuge use setting the stage for the loss of more than and biological weapons had been destroyed and were, on the contrary, identical to ones 4000 United States service members and the well before 1998 and that there was little, if used in rockets already being manufactured injury to tens of thousands of U.S. soldiers; any, credible intelligence that showed other- by the Iraqis, the President, and those under the loss of more than 1,000,000 innocent Iraqi wise. As reported in the Washington Post in his direction and control, persisted in mak- citizens since the United States invasion; the March of 2003, in 1995, Saddam Hussein’s son- ing numerous false and fraudulent represen- loss of approximately $500 billion in war in-law Hussein Kamel had informed U.S. and tations implying and stating explicitly that costs which has increased our Federal debt British intelligence officers that ‘‘all weap- the Iraqis were purchasing the tubes for use with a long term financial cost of between ons—biological, chemical, missile, nuclear in a nuclear weapons program, to wit: three and five trillion dollars; the loss of were destroyed.’’ In September 2002, the De- (1) ‘‘We do know that there have been ship- military readiness within the United States fense Intelligence Agency issued a report ments going . . . into Iraq . . . of aluminum Armed Services due to overextension, the that concluded: ‘‘A substantial amount of tubes that really are only suited to—high- lack of training and lack of equipment; the Iraq’s chemical warfare agents, precursors, quality aluminum tools [sic] that are only loss of United States credibility in world af- munitions and production equipment were really suited for nuclear weapons programs, fairs; and the decades of likely blowback cre- destroyed between 1991 and 1998 as a result of centrifuge programs.’’ Statement of then Na- ated by the invasion of Iraq. In all of these actions and decisions, Presi- Operation Desert Storm and UNSCOM ac- tional Security Advisor Condoleezza Rice on dent George W. Bush has acted in a manner tions . . . [T]here is no reliable information CNN’s Late Edition with Wolf Blitzer, Sep- contrary to his trust as President and Com- on whether Iraq is producing and stockpiling tember 8, 2002. mander in Chief, and subversive of constitu- chemical weapons or whether Iraq has—or (2) ‘‘Our intelligence sources tell us that he tional government, to the prejudice of the will—establish its chemical warfare agent has attempted to purchase high-strength cause of law and justice and to the manifest production facilities.’’ Notwithstanding the aluminum tubes suitable for nuclear weap- injury of the people of the United States. absence of evidence proving that such stock- ons production.’’ President Bush’s State of Wherefore, President George W. Bush, by piles existed and in direct contradiction to the Union Address, January 28, 2003. (3) ‘‘[H]e has made repeated covert at- such conduct, is guilty of an impeachable of- substantial evidence that showed they did fense warranting removal from office. not exist, the President and his subordinates tempts to acquire high-specification alu- and agents made numerous false representa- minum tubes from 11 different countries, ARTICLE IV.—MISLEADING THE AMERICAN PEO- tions claiming with certainty that Iraq pos- even after inspections resumed. . . . By now, PLE AND MEMBERS OF CONGRESS TO BELIEVE sessed chemical and biological weapons that just about everyone has heard of these tubes IRAQ POSED AN IMMINENT THREAT TO THE it was developing to use to attack the United and we all know that there are differences of UNITED STATES States, to wit: opinion. There is controversy about what In his conduct while President of the (1) ‘‘[T]he notion of a Saddam Hussein with these tubes are for. Most U.S. experts think United States, George W. Bush, in violation his great oil wealth, with his inventory that they are intended to serve as rotors in cen- of his constitutional oath to faithfully exe- he already has of biological and chemical trifuges used to enrich uranium.’’ Speech of cute the office of President of the United weapons . . . is, I think, a frightening propo- Former Secretary of State Colin Powell to States and, to the best of his ability, pre- sition for anybody who thinks about it.’’ the United Nations, February 5, 2003. serve, protect, and defend the Constitution Statement of Vice President Cheney on (D) The President, both personally and act- of the United States, and in violation of his CBS’s Face the Nation, March 24, 2002. ing through those under his direction and constitutional duty under Article II, Section (2) ‘‘In defiance of the United Nations, Iraq control, suppressed material information, se- 3 of the Constitution ‘‘to take care that the has stockpiled biological and chemical weap- lectively declassified information for the im- laws be faithfully executed’’, has both per- ons, and is rebuilding the facilities used to proper purposes of retaliating against a sonally and acting through his agents and make more of those weapons.’’ Speech of whistleblower and presenting a misleading subordinates, together with the Vice Presi- President Bush, October 5, 2002. picture of the alleged threat from Iraq, fa- dent, executed a calculated and wide-ranging (3) ‘‘All the world has now seen the footage cilitated the exposure of the identity of a strategy to deceive the citizens and Congress of an Iraqi Mirage aircraft with a fuel tank covert CIA operative and thereafter not only of the United States into believing that the modified to spray biological agents over wide failed to investigate the improper leaks of nation of Iraq posed an imminent threat to areas. Iraq has developed spray devices that classified information from within his ad- the United States in order to justify the use could be used on unmanned aerial vehicles ministration, but also failed to cooperate of the United States Armed Forces against with ranges far beyond what is permitted by with an investigation into possible federal the nation of Iraq in a manner damaging to the Security Council. A UAV launched from violations resulting from this activity and, our national security interests, thereby a vessel off the American coast could reach finally, entirely undermined the prosecution interfering with and obstructing Congress’s hundreds of miles inland.’’ Statement by by commuting the sentence of Lewis Libby lawful functions of overseeing foreign affairs President Bush from the White House, Feb- citing false and insubstantial grounds, all in and declaring war. ruary 6, 2003. an effort to prevent Congress and the citi- The means used to implement this decep- (B) Despite overwhelming intelligence in zens of the United States from discovering tion were and continue to be, first, allowing, the form of statements and reports filed by the fraudulent nature of the President’s authorizing and sanctioning the manipula- and on behalf of the CIA, the State Depart- claimed justifications for the invasion of tion of intelligence analysis by those under ment and the IAEA, among others, which in- Iraq. his direction and control, including the Vice dicated that the claim was untrue, the Presi- (E) The Senate Select Committee on Intel- President and the Vice President’s agents, dent, and those under his direction and con- ligence Report on Whether Public State- and second, personally making, or causing, trol, made numerous representations claim- ments Regarding Iraq By U.S. Government authorizing and allowing to be made through ing and implying through misleading lan- Officials Were Substantiated By Intelligence highly-placed subordinates, including the guage that Iraq was attempting to purchase Information, which was released on June 5, President’s Chief of Staff, the White House uranium from Niger in order to falsely but- 2008, concluded that: Press Secretary and other White House tress its argument that Iraq was reconsti- (1) ‘‘Statements by the President and Vice spokespersons, the Secretaries of State and tuting its nuclear weapons program, includ- President prior to the October 2002 National Defense, the National Security Advisor, and ing: Intelligence Estimate regarding Iraq’s chem- their deputies and spokespersons, false and (1) ‘‘The regime has the scientists and fa- ical weapons production capability and ac- fraudulent representations to the citizens of cilities to build nuclear weapons, and is tivities did not reflect the intelligence com- the United States and Congress regarding an seeking the materials needed to do so.’’ munity’s uncertainties as to whether such alleged urgent threat posed by Iraq, state- Statement of President Bush from White production was ongoing.’’ ments that were half-true, literally true but House, October 2, 2002. (2) ‘‘The Secretary of Defense’s statement misleading, and/or made without a reason- (2) ‘‘The [Iraqi] report also failed to deal that the Iraqi government operated under- able basis and with reckless indifference to with issues which have arisen since 1998, in- ground WMD facilities that were not vulner- their truth, as well as omitting to state facts cluding: . . . attempts to acquire uranium able to conventional airstrikes because they necessary to present an accurate picture of and the means to enrich it.’’ Letter from were underground and deeply buried was not the truth as follows:

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.050 H10JNPT1 jbell on PROD1PC69 with HOUSE H5196 CONGRESSIONAL RECORD — HOUSE June 10, 2008 (A) Notwithstanding the complete absence United States into believing that Iraq and tions for the invasion of Iraq. This con- of intelligence analysis to support a claim Saddam Hussein posed an imminent threat stituted a violation of Article I, Section 9 of that Iraq posed an imminent or urgent to the United States, the President allowed the U.S. Constitution, as well as a violation threat to the United States and the intel- and authorized those acting under his direc- of the War Powers Act of 1973. ligence community’s assessment that Iraq tion and control, including Vice President In all of these actions and decisions, Presi- was in fact not likely to attack the United Richard B. Cheney, former Secretary of De- dent George W. Bush has acted in a manner States unless it was itself attacked, Presi- fense Donald Rumsfeld, and Lewis Libby, contrary to his trust as President and Com- dent Bush, both personally and through his who reported directly to both the President mander in Chief, and subversive of constitu- agents and subordinates, made, allowed and and the Vice President, among others, to tional government, to the prejudice of the caused to be made repeated false representa- pressure intelligence analysts to tailor their cause of law and justice and to the manifest tions to the citizens and Congress of the assessments and to create special units out- injury of the people of the United States. United States implying and explicitly stat- side of, and unknown to, the intelligence Wherefore, President George W. Bush, by ing that such a dire threat existed, including community in order to secretly obtain unre- such conduct, is guilty of an impeachable of- the following: liable information, to manufacture intel- fense warranting removal from office. (1) ‘‘States such as these [Iraq, Iran and ligence, or to reinterpret raw data in ways ARTICLE VI.—INVADING IRAQ IN VIOLATION OF North Korea] and their terrorist allies con- that would support the Bush administra- THE REQUIREMENTS OF H.J. RES. 114. stitute an axis of evil, arming to threaten tion’s plan to invade Iraq based on a false In his conduct while President of the the peace of the world. By seeking weapons claim of urgency despite the lack of jus- United States, George W. Bush, in violation of mass destruction, these regimes pose a tification for such a preemptive action. of his constitutional oath to faithfully exe- grave and growing danger. They could pro- (C) The Senate Select Committee on Intel- cute the office of President of the United vide these arms to terrorists, giving them ligence Report on Whether Public State- States and, to the best of his ability, pre- the means to match their hatred. They could ments Regarding Iraq By U.S. Government serve, protect, and defend the Constitution attack our allies or attempt to blackmail Officials Were Substantiated By Intelligence of the United States, and in violation of his the United States. In any of these cases, the Information, which was released on June 5, constitutional duty under Article II, Section price of indifference would be catastrophic.’’ 2008, concluded that: 3 of the Constitution ‘‘to take care that the President Bush’s State of the Union Address, (1) ‘‘Statements by the President and the laws be faithfully executed’’, exceeded his January 29, 2002. Vice President indicating that Saddam Hus- Constitutional authority to wage war by in- (2) ‘‘Simply stated, there is no doubt that sein was prepared to give weapons of mass Saddam Hussein has weapons of mass de- vading Iraq in 2003 without meeting the re- destruction to terrorist groups for attacks quirements of H.J. Res. 114, the ‘‘Authoriza- struction. He is amassing them to use against the United States were contradicted against our friends, our enemies and against tion for Use of Military Force Against Iraq by available intelligence information.’’ us.’’ Speech of Vice President Cheney at Resolution of 2002’’ to wit: Thus the President willfully and falsely (1) H.J. Res. 114 contains several Whereas VFW 103rd National Convention, August 26, misrepresented Iraq as an urgent threat re- 2002. clauses consistent with statements being quiring immediate action thereby subverting (3) ‘‘The history, the logic, and the facts made by the White House at the time regard- the national security interests of the United lead to one conclusion: Saddam Hussein’s re- ing the threat from Iraq as evidenced by the gime is a grave and gathering danger. To States by setting the stage for the loss of following: suggest otherwise is to hope against the evi- more than 4,000 United States service mem- (A) H.J. Res. 114 states ‘‘Whereas Iraq both dence. To assume this regime’s good faith is bers; the injuries to tens of thousands of U.S. poses a continuing threat to the national se- to bet the lives of millions and the peace of soldiers; the deaths of more than 1,000,000 curity of the United States and international the world in a reckless gamble. And this is a Iraqi citizens since the United States inva- peace and security in the Persian Gulf region risk we must not take.’’ Address of President sion; the loss of approximately $527 billion in and remains in material and unacceptable Bush to the United Nations General Assem- war costs which has increased our Federal breach of its international obligations by, bly, September 12, 2002. debt and the ultimate costs of the war be- among other things, continuing to possess (4) ‘‘[N]o terrorist state poses a greater or tween three trillion and five trillion dollars; and develop a significant chemical and bio- more immediate threat to the security of our the loss of military readiness within the logical weapons capability, actively seeking people than the regime of Saddam Hussein United States Armed Services due to over- a nuclear weapons capability, and supporting and Iraq.’’ Statement of Former Defense Sec- extension, the lack of training and lack of and harboring terrorist organizations;’’; and retary Donald Rumsfeld to Congress, Sep- equipment; the loss of United States credi- (B) H.J. Res. 114 states ‘‘Whereas members tember 19, 2002. bility in world affairs; and the decades of of Al Qaeda, an organization bearing respon- (5) ‘‘On its present course, the Iraqi regime likely blowback created by the invasion of sibility for attacks on the United States, its is a threat of unique urgency . . . it has de- Iraq. citizens, and interests, including the attacks veloped weapons of mass death.’’ Statement In all of these actions and decisions, Presi- that occurred on September 11, 2001, are of President Bush at White House, October 2, dent George W. Bush has acted in a manner known to be in Iraq;’’. 2002. contrary to his trust as President and Com- (2) H.J. Res. 114 states that the President (6) ‘‘But the President also believes that mander in Chief, and subversive of constitu- must provide a determination, the truthful- this problem has to be dealt with, and if the tional government, to the prejudice of the ness of which is implied, that military force United Nations won’t deal with it, then the cause of law and justice and to the manifest is necessary in order to use the authoriza- United States, with other likeminded na- injury of the people of the United States. tion, as evidenced by the following: tions, may have to deal with it. We would Wherefore, President George W. Bush, by (A) Section 3 of H.J. Res. 114 states: prefer not to go that route, but the danger is such conduct, is guilty of an impeachable of- ‘‘(b) PRESIDENTIAL DETERMINATION.—In so great, with respect to Saddam Hussein fense warranting removal from office. connection with the exercise of the author- ity granted in subsection (a) to use force the having weapons of mass destruction, and per- ARTICLE V.—ILLEGALLY MISSPENDING FUNDS TO President shall, prior to such exercise or as haps even terrorists getting hold of such SECRETLY BEGIN A WAR OF AGGRESSION weapons, that it is time for the international soon thereafter as may be feasible, but no community to act, and if it doesn’t act, the In his conduct while President of the later than 48 hours after exercising such au- President is prepared to act with likeminded United States, George W. Bush, in violation thority, make available to the Speaker of nations.’’ Statement of Former Secretary of of his constitutional oath to faithfully exe- the House of Representatives and the Presi- State Colin Powell in interview with Ellen cute the office of President of the United dent pro tempore of the Senate his deter- Ratner of Talk Radio News, October 30, 2002. States and, to the best of his ability, pre- mination that— (7) ‘‘Today the world is also uniting to an- serve, protect, and defend the Constitution (1) reliance by the United States on further swer the unique and urgent threat posed by of the United States, and in violation of his diplomatic or other peaceful means alone ei- Iraq. A dictator who has used weapons of constitutional duty under Article II, Section ther (A) will not adequately protect the na- mass destruction on his own people must not 3 of the Constitution ‘‘to take care that the tional security of the United States against be allowed to produce or possess those weap- laws be faithfully executed’’, has both per- the continuing threat posed by Iraq nor (B) ons. We will not permit Saddam Hussein to sonally and acting through his agents and likely lead to enforcement of all relevant blackmail and/or terrorize nations which subordinates, together with the Vice Presi- United Nations Security Council resolutions love freedom.’’ Speech by President Bush to dent, illegally misspent funds to begin a war regarding Iraq; and Prague Atlantic Student Summit, November in secret prior to any Congressional author- (2) acting pursuant to the Constitution and 20, 2002. ization. Public Law 107–243 is consistent with the (8) ‘‘But the risk of doing nothing, the risk The president used over $2 billion in the United States and other countries con- of the security of this country being jeopard- summer of 2002 to prepare for the invasion of tinuing to take the necessary actions ized at the hands of a madman with weapons Iraq. First reported in Bob Woodward’s book, against international terrorists and terrorist of mass destruction far exceeds the risk of Plan of Attack, and later confirmed by the organizations, including those nations, orga- any action we may be forced to take.’’ Presi- Congressional Research Service, Bush took nizations, or persons who planned, author- dent Bush Meets with National Economic money appropriated by Congress for Afghani- ized, committed, or aided the terrorist at- Council at White House, February 25, 2003. stan and other programs and—with no Con- tacks that occurred on September 11, 2001. (B) In furtherance of his fraudulent effort gressional notification—used it to build air- (4) President George Bush knew that these to deceive Congress and the citizens of the fields in Qatar and to make other prepara- statements were false as evidenced by:

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.050 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5197

(A) INFORMATION PROVIDED WITH ARTICLE I, to delegate to the President the decision of (A) A letter from President Bush to Con- II, III, IV AND V. whether or not to initiate a war against Iraq, gress dated March 21st, 2003 stating ‘‘I di- (B) A statement by President George Bush based on whether he deemed it ‘‘necessary rected U.S. Armed Forces, operating with in an interview with Tony Blair on January and appropriate.’’ The Constitution does not other coalition forces, to commence combat 31st 2003: [WH] allow Congress to delegate this exclusive operations on March 19, 2003, against Iraq.’’ Reporter: ‘‘One question for you both. Do power to the President, nor does it allow the [WH] you believe that there is a link between Sad- President to seize this power. (B) On September 16, 2004 Kofi Annan, the dam Hussein, a direct link, and the men who In March 2003, the President launched a Secretary General of the United Nations, attacked on September the 11th?’’ war against Iraq without any constitutional speaking on the invasion, said, ‘‘I have indi- President Bush: ‘‘I can’t make that claim’’ authority. cated it was not in conformity with the UN (C) An article on February 19th by Ter- In all of these actions and decisions, Presi- charter. From our point of view, from the rorism expert Rohan Gunaratna states ‘‘I dent George W. Bush has acted in a manner charter point of view, it was illegal.’’ [BBC] could find no evidence of links between Iraq contrary to his trust as President and Com- (C) The consequence of the instant and di- and Al Qaeda. The documentation and inter- mander in Chief, and subversive of constitu- rection of President George W. Bush, in or- dering an attack upon Iraq, a sovereign na- views indicated that Al Qaeda regarded Sad- tional government, to the prejudice of the tion is in direct violation of United States dam, a secular leader, as an infidel.’’ cause of law and justice and to the manifest Code, Title 18, Part 1, Chapter 118, Section [InternationalHeraldTribune] injury of the people of the United States. 2441, governing the offense of war crimes. (D) According to a February 2nd, 2003 arti- Wherefore, President George W. Bush, by (6) In the course of invading and occupying cle in the New York Times: [NYT] such conduct, is guilty of an impeachable of- Iraq, the President, as Commander in Chief, At the Federal Bureau of Investigation, fense warranting removal from office. has taken responsibility for the targeting of some investigators said they were baffled by ARTICLE VIII.—INVADING IRAQ, A SOVEREIGN civilians, journalists, hospitals, and ambu- the Bush administration’s insistence on a NATION, IN VIOLATION OF THE UN CHARTER lances, use of antipersonnel weapons includ- solid link between Iraq and Osama bin AND INTERNATIONAL CRIMINAL LAW ing cluster bombs in densely settled urban Laden’s network. ‘‘We’ve been looking at In his conduct while President of the areas, the use of white phosphorous as a this hard for more than a year and you know United States, George W. Bush, in violation weapon, depleted uranium weapons, and the what, we just don’t think it’s there,’’ a gov- of his constitutional oath to faithfully exe- use of a new version of napalm found in ernment official said. cute the office of President of the United Mark 77 firebombs. Under the direction of (5) Section 3C of HJRes 114 states that States and, to the best of his ability, pre- President George Bush the United States has ‘‘Nothing in this joint resolution supersedes serve, protect, and defend the Constitution engaged in collective punishment of Iraqi ci- any requirement of the War Powers Resolu- of the United States, and in violation of his vilian populations, including but not limited tion.’’ constitutional duty under Article II, Section to blocking roads, cutting electricity and (6) The War Powers Resolution Section 3 of the Constitution ‘‘to take care that the water, destroying fuel stations, planting 9(d)(1) states: laws be faithfully executed’’, violated United bombs in farm fields, demolishing houses, (d) Nothing in this joint resolution— States law by invading the sovereign coun- and plowing over orchards. (1) is intended to alter the constitutional try of Iraq in violation of the United Nations (A) Under the principle of ‘‘command re- authority of the Congress or of the Presi- Charter to wit: sponsibility’’, i.e., that a de jure command dent, or the provision of existing treaties; or (1) International Laws ratified by Congress can be civilian as well as military, and can (7) The United Nations Charter was an ex- are part of United States Law and must be apply to the policy command of heads of isting treaty and, as shown in Article VIII, followed as evidenced by the following: state, said command brings President George the invasion of Iraq violated that treaty. (A) Article VI of the United States Con- Bush within the reach of international (8) President George Bush knowingly failed stitution, which states ‘‘This Constitution, criminal law under the Additional Protocol I to meet the requirements of HJRes 114 and and the Laws of the United States which of June 8, 1977 to the Geneva Conventions of violated the requirement of the War Powers shall be made in Pursuance thereof; and all August 12, 1949, and Relating to the Protec- Resolution and, thereby, invaded Iraq with- Treaties made, or which shall be made, under tion of Victims of International Armed Con- out the authority of Congress. the Authority of the United States, shall be flicts, Article 86(2). The United States is a In all of these actions and decisions, Presi- the supreme Law of the Land;’’ state signatory to Additional Protocol I, on dent George W. Bush has acted in a manner (2) The UN Charter, which entered into December 12, 1977. contrary to his trust as President and Com- force following ratification by the United (B) Furthermore, Article 85(3) of said Pro- mander in Chief, and subversive of constitu- States in 1945, requires Security Council ap- tocol I defines as a grave breach making a ci- tional government, to the prejudice of the proval for the use of force except for self-de- vilian population or individual civilians the cause of law and justice and to the manifest fense against an armed attack as evidenced object of attacks. This offense, together with injury of the people of the United States. by the following: the principle of command responsibility, Wherefore, President George W. Bush, by (A) Chapter 1, Article 2 of the United Na- places President George Bush’s conduct such conduct, is guilty of an impeachable of- tions Charter states: under the reach of the same law and prin- fense warranting removal from office. ‘‘3. All Members shall settle their inter- ciples described as the basis for war crimes ARTICLE VII.—INVADING IRAQ ABSENT A national disputes by peaceful means in such prosecution at Nuremburg, under Article 6 of DECLARATION OF WAR a manner that international peace and secu- the Charter of the Nuremberg Tribunals: in- In his conduct while President of the rity, and justice, are not endangered. cluding crimes against peace, violations of United States, George W. Bush, in violation ‘‘4. All Members shall refrain in their the laws and customs of war and crimes of his constitutional oath to faithfully exe- international relations from the threat or against humanity, similarly codified in the cute the office of President of the United use of force against the territorial integrity Rome Statute of the International Criminal States and, to the best of his ability, pre- or political independence of any state, or in Court, Articles 5 through 8. serve, protect, and defend the Constitution any other manner inconsistent with the Pur- (C) The Lancet Report has established of the United States, and in violation of his poses of the United Nations.’’ massive civilian casualties in Iraq as a result constitutional duty under Article II, Section (B) Chapter 7, Article 51 of the United Na- of the United States’ invasion and occupa- 3 of the Constitution ‘‘to take care that the tions Charter states: tion of that country. laws be faithfully executed’’, has launched a ‘‘51. Nothing in the present Charter shall (D) International laws governing wars of war against Iraq absent any congressional impair the inherent right of individual or aggression are completely prohibited under declaration of war or equivalent action. collective self-defense if an armed attack oc- the legal principle of jus cogens, whether or Article I, Section 8, Clause 11 (the War curs against a Member of the United Na- not a nation has signed or ratified a par- Powers Clause) makes clear that the United tions, until the Security Council has taken ticular international agreement. States Congress holds the exclusive power to measures necessary to maintain inter- In all of these actions and decisions, Presi- decide whether or not to send the nation into national peace and security.’’ dent George W. Bush has acted in a manner war. ‘‘The Congress,’’ the War Powers Clause (3) There was no armed attack upon the contrary to his trust as President and Com- states, ‘‘shall have power . . . To declare war United States by Iraq. mander in Chief, and subversive of constitu- . . .’’ (4) The Security Council did not vote to ap- tional government, to the prejudice of the The October 2002 congressional resolution prove the use of force against Iraq as evi- cause of law and justice and to the manifest on Iraq did not constitute a declaration of denced by: injury of the people of the United States. war or equivalent action. The resolution (A) A United Nation Press release which Wherefore, President George W. Bush, by stated: ‘‘The President is authorized to use states that the United States had failed to such conduct, is guilty of an impeachable of- the Armed Forces of the United States as he convince the Security Council to approve the fense warranting removal from office deems necessary and appropriate in order to use of military force against Iraq. [UN] ARTICLE IX.—FAILING TO PROVIDE TROOPS WITH 1) defend the national security of the United (5) President Bush directed the United BODY ARMOR AND VEHICLE ARMOR States against the continuing threat posed States military to invade Iraq on March In his conduct while President of the by Iraq; and 2) enforce all relevant United 19th, 2003 in violation of the UN Charter and, United States, George W. Bush, in violation Nations Security Council resolutions regard- therefore, in violation of United States Law of his constitutional oath to faithfully exe- ing Iraq.’’ The resolution unlawfully sought as evidenced by the following: cute the office of President of the United

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.051 H10JNPT1 jbell on PROD1PC69 with HOUSE H5198 CONGRESSIONAL RECORD — HOUSE June 10, 2008 States and, to the best of his ability, pre- been dramatically rescued. On April 2, 2003, Section 1222 clearly prohibits the expendi- serve, protect, and defend the Constitution the DOD released a video of the rescue and ture of money for the purpose of establishing of the United States, and in violation of his claimed that Lynch had stab and bullet permanent U.S. military bases in Iraq. The constitutional duty under Article II, Section wounds, and that she had been slapped about construction of over $1 billion in U.S. mili- 3 of the Constitution ‘‘to take care that the on her hospital bed and interrogated. Iraqi tary bases in Iraq, including runways for air- laws be faithfully executed,’’ has both per- doctors and nurses later interviewed, includ- craft, continues despite congressional intent, sonally and acting through his agents and ing Dr. Harith Al-Houssona, a doctor in the as the Administration intends to force upon subordinates, together with the Vice Presi- Nasirya hospital, described Lynch’s injuries the Iraqi government such terms which will dent, has been responsible for the deaths of as ‘‘a broken arm, a broken thigh, and a dis- assure the bases remain in Iraq. members of the U.S. military and serious in- located ankle.’’ According to Al-Houssona, Iraqi officials have informed Members of jury and trauma to other soldiers, by failing there was no sign of gunshot or stab wounds, Congress in May 2008 of the strong opposi- to provide available body armor and vehicle and Lynch’s injuries were consistent with tion within the Iraqi parliament and armor. those that would be suffered in a car acci- throughout Iraq to the agreement that the While engaging in an invasion and occupa- dent. Al-Houssona’s claims were later con- administration is trying to negotiate with tion of choice, not fought in self-defense, and firmed in a U.S. Army report leaked on July Iraqi Prime Minister Nouri al-Maliki. The not launched in accordance with any time- 10, 2003. agreement seeks to assure a long-term U.S. table other than the President’s choosing, Lynch denied that she fought or was presence in Iraq of which military bases are President Bush sent U.S. troops into danger wounded fighting, telling Diane Sawyer that the most obvious, sufficient and necessary without providing them with armor. This the Pentagon ‘‘used me to symbolize all this construct, thus clearly defying Congres- shortcoming has been known for years, dur- stuff. It’s wrong. I don’t know why they sional intent as to the matter and meaning ing which time, the President has chosen to filmed [my rescue] or why they say these of ‘‘permanency.’’ allow soldiers and marines to continue to things.... I did not shoot, not a round, In all of these actions and decisions, Presi- face unnecessary risk to life and limb rather nothing. I went down praying to my knees. dent George W. Bush has acted in a manner then providing them with armor. And that’s the last I remember.’’ She re- contrary to his trust as President and Com- In all of these actions and decisions, Presi- ported excellent treatment in Iraq, and that mander in Chief, and subversive of constitu- dent George W. Bush has acted in a manner one person in the hospital even sang to her tional government, to the prejudice of the contrary to his trust as President and Com- to help her feel at home. cause of law and justice and to the manifest mander in Chief, and subversive of constitu- On April 24, 2007 Lynch testified before the injury of the people of the United States. House Committee on Oversight and Govern- tional government, to the prejudice of the Wherefore, President George W. Bush, by ment Reform: cause of law and justice and to the manifest such conduct, is guilty of an impeachable of- ‘‘[Right after my capture], tales of great injury of the people of the United States. heroism were being told. My parent’s home fense warranting removal from office. Wherefore, President George W. Bush, by in Wirt County was under siege of the media ARTICLE XII.—INITIATING A WAR AGAINST IRAQ such conduct, is guilty of an impeachable of- all repeating the story of the little girl FOR CONTROL OF THAT NATION’S NATURAL RE- fense warranting removal from office. Rambo from the hills who went down fight- SOURCES ARTICLE X.—FALSIFYING ACCOUNTS OF U.S. ing. It was not true. . . . I am still confused In his conduct while President of the TROOP DEATHS AND INJURIES FOR POLITICAL as to why they chose to lie.’’ United States, George W. Bush, in violation PURPOSES The White House had heavily promoted the of his constitutional oath to faithfully exe- In his conduct while President of the false story of Lynch’s rescue, including in a cute the office of President of the United United States, George W. Bush, in violation speech by President Bush on April 28, 2003. States and, to the best of his ability, pre- of his constitutional oath to faithfully exe- After the fiction was exposed, the President serve, protect, and defend the Constitution cute the office of President of the United awarded Lynch the Bronze Star. of the United States, and in violation of his States and, to the best of his ability, pre- In all of these actions and decisions, Presi- constitutional duty under Article II, Section serve, protect, and defend the Constitution dent George W. Bush has acted in a manner 3 of the Constitution ‘‘to take care that the of the United States, and in violation of his contrary to his trust as President and Com- laws be faithfully executed,’’ has both per- constitutional duty under Article II, Section mander in Chief, and subversive of constitu- sonally and acting through his agents and 3 of the Constitution ‘‘to take care that the tional government, to the prejudice of the subordinates, together with the Vice Presi- laws be faithfully executed,’’ has both per- cause of law and justice and to the manifest dent, invaded and occupied a foreign nation sonally and acting through his agents and injury of the people of the United States. for the purpose, among other purposes, of subordinates, together with the Vice Presi- Wherefore, President George W. Bush, by seizing control of that nation’s oil. dent, promoted false propaganda stories such conduct, is guilty of an impeachable of- The White House and its representatives in about members of the United States mili- fense warranting removal from office. Iraq have, since the occupation of Baghdad tary, including individuals both dead and in- ARTICLE XI.—ESTABLISHMENT OF PERMANENT began, attempted to gain control of Iraqi oil. jured. U.S. MILITARY BASES IN IRAQ This effort has included pressuring the new The White House and the Department of In his conduct while President of the Iraqi government to pass a hydrocarbon law. Defense (DOD) in 2004 promoted a false ac- United States, George W. Bush, in violation Within weeks of the fall of Saddam Hussein count of the death of Specialist Pat Tillman, of his constitutional oath to faithfully exe- in 2003, the U.S. Agency for International reporting that he had died in a hostile ex- cute the office of President of the United Development (USAid) awarded a $240 million change, delaying release of the information States and, to the best of his ability, pre- contract to Bearing Point, a private U.S. that he had died from friendly fire, shot in serve, protect, and defend the Constitution company. A Bearing Point employee, based the forehead three times in a manner that of the United States, and in violation of his in the U.S. embassy in Baghdad, was hired to led investigating doctors to believe he had constitutional duty under Article II, Section advise the Iraqi Ministry of Oil on drawing been shot at close range. 3 of the Constitution ‘‘to take care that the up the new hydrocarbon law. The draft law A 2005 report by Brig. Gen. Gary M. Jones laws be faithfully executed,’’ has violated an places executives of foreign oil companies on reported that in the days immediately fol- act of Congress that he himself signed into a council with the task of approving their lowing Specialist Tillman’s death, U.S. law by using public funds to construct per- own contracts with Iraq; it denies the Iraqi Army investigators were aware that Spe- manent U.S. military bases in Iraq. National Oil Company exclusive rights for cialist Tillman was killed by friendly fire, On January 28, 2008, President George W. the exploration, development, production, shot three times to the head, and that senior Bush signed into law the National Defense transportation, and marketing of Iraqi oil, Army commanders, including Gen. John Authorization Act for fiscal year 2008 (H.R. and allows foreign companies to control Abizaid, knew of this fact within days of the 4986). Noting that the Act ‘‘authorizes fund- Iraqi oil fields containing 80 percent of Iraqi shooting but nevertheless approved the ing for the defense of the United States and oil for up to 35 years through contracts that awarding of the Silver Star, Purple Heart, its interests abroad, for military construc- can remain secret for up to 2 months. The and a posthumous promotion. tion, and for national security-related en- draft law itself contains secret appendices. On April 24, 2007, Spc. Bryan O’Neal, the ergy programs,’’ the president added the fol- President Bush provided unrelated reasons last soldier to see Specialist Pat Tillman lowing ‘‘signing statement’’: for the invasion of Iraq to the public and alive, testified before the House Oversight ‘‘Provisions of the Act, including sections Congress, but those reasons have been estab- and Government Reform Committee that he 841, 846, 1079, and 1222, purport to impose re- lished to have been categorically fraudulent, was warned by superiors not to divulge infor- quirements that could inhibit the Presi- as evidenced by the herein mentioned Arti- mation that a fellow soldier killed Specialist dent’s ability to carry out his constitutional cles of Impeachment I, II, III, IV, VI, and Tillman, especially to the Tillman family. obligations to take care that the laws be VII. The White House refused to provide re- faithfully executed, to protect national secu- Parallel to the development of plans for quested documents to the committee, citing rity, to supervise the executive branch, and war against Iraq, the U.S. State Depart- ‘‘executive branch confidentiality interests.’’ to execute his authority as Commander in ment’s Future of Iraq project, begun as early The White House and DOD in 2003 pro- Chief. The executive branch shall construe as April 2002, involved meetings in Wash- moted a false account of the injury of Jes- such provisions in a manner consistent with ington and London of 17 working groups, sica Dawn Lynch, reporting that she had the constitutional authority of the Presi- each composed of 10 to 20 Iraqi exiles and been captured in a hostile exchange and had dent.’’ international experts selected by the State

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.051 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5199 Department. The Oil and Energy working agement and Budget, the Assistant to the Iraq’s oil out of the exclusive hands of the group met four times between December 2002 President and Deputy Chief of Staff for Pol- Iraqi Government and open it to inter- and April 2003. Ibrahim Bahr al-Uloum, later icy, the Assistant to the President for Eco- national oil companies for a generation or the Iraqi Oil Minister, was a member of the nomic Policy, and the Deputy Assistant to more. The Bush administration hired Bear- group, which concluded that Iraq ‘‘should be the President for Intergovernmental Affairs. ing Point, a U.S. company, to help write the opened to international oil companies as The GAO report found that: ‘‘In developing law in 2004. It was submitted to the Iraqi quickly as possible after the war,’’ and that, the National Energy Policy report, the Council of Representatives in May 2007. ‘‘the country should establish a conducive NEPDG Principals, Support Group, and par- In all of these actions and decisions, Presi- business environment to attract investment ticipating agency officials and staff met dent George W. Bush has acted in a manner of oil and gas resources.’’ The same group with, solicited input from, or received infor- contrary to his trust as President and Com- recommended production-sharing agree- mation and advice from nonfederal energy mander in Chief, and subversive of constitu- ments with foreign oil companies, the same stakeholders, principally petroleum, coal, tional government, to the prejudice of the approach found in the draft hydrocarbon law, nuclear, natural gas, and electricity industry cause of law and justice and to the manifest and control over Iraq’s oil resources remains representatives and lobbyists. The extent to injury of the people of the United States. a prime objective of the Bush Administra- which submissions from any of these stake- Wherefore, President George W. Bush, by tion. holders were solicited, influenced policy de- such conduct, is guilty of an impeachable of- Prior to his election as Vice President, liberations, or were incorporated into the fense warranting removal from office. Dick Cheney, then-CEO of Halliburton, in a final report cannot be determined based on ARTICLE XIV.—MISPRISION OF A FELONY, MIS- speech at the Institute of Petroleum in 1999 the limited information made available to USE AND EXPOSURE OF CLASSIFIED INFORMA- demonstrated a keen awareness of the sen- GAO. NEPDG met and conducted its work in TION AND OBSTRUCTION OF JUSTICE IN THE sitive economic and geopolitical role of Mid- two distinct phases: the first phase cul- MATTER OF VALERIE PLAME WILSON, CLAN- dle East oil resources saying: ‘‘By 2010, we minated in a March 19, 2001, briefing to the DESTINE AGENT OF THE CENTRAL INTEL- will need on the order of an additional 50 President on challenges relating to energy LIGENCE AGENCY million barrels a day. So where is the oil supply and the resulting economic impact; In his conduct while President of the going to come from? Governments and na- the second phase ended with the May 16, 2001, United States, George W. Bush, in violation tional oil companies are obviously control- presentation of the final report to the Presi- of his constitutional oath to faithfully exe- ling about 90 percent of the assets. Oil re- dent. The Office of the Vice President’s cute the office of President of the United mains fundamentally a government business. (OVP) unwillingness to provide the NEPDG States and, to the best of his ability, pre- While many regions of the world offer great records or other related information pre- serve, protect, and defend the Constitution oil opportunities, the Middle East, with two- cluded GAO from fully achieving its objec- of the United States, and in violation of his thirds of the world’s oil and lowest cost, is tives and substantially limited GAO’s ability constitutional duty under Article II, Section still where the prize ultimately lies. Even to comprehensively analyze the NEPDG 3 of the Constitution ‘‘to take care that the though companies are anxious for greater ac- process. associated with that process. laws be faithfully executed’’, has both per- cess there, progress continues to be slow.’’ ‘‘None of the key federal entities involved sonally and acting through his agents and The Vice President led the work of a secret in the NEPDG effort provided GAO with a subordinates, together with the Vice Presi- energy task force, as described in Article complete accounting of the costs that they dent, XXXII below, a task force that focused on, incurred during the development of the Na- (1) suppressed material information; among other things, the acquisition of Iraqi tional Energy Policy report. The two federal (2) selectively declassified information for oil through developing a controlling private entities responsible for funding the NEPDG the improper purposes of retaliating against corporate interest in said oil. effort—OVP and the Department of Energy a whistleblower and presenting a misleading In all of these actions and decisions, Presi- (DOE)—did not provide the comprehensive picture of the alleged threat from Iraq; dent George W. Bush has acted in a manner cost information that GAO requested. OVP (3) facilitated the exposure of the identity contrary to his trust as President and Com- provided GAO with 77 pages of information, of Valerie Plame Wilson who had theretofore mander in Chief, and subversive of constitu- two-thirds of which contained no cost infor- been employed as a covert CIA operative; (4) failed to investigate the improper leaks tional government, to the prejudice of the mation while the remaining one-third con- of classified information from within his ad- cause of law and justice and to the manifest tained some miscellaneous information of little to no usefulness. OVP stated that it ministration; injury of the people of the United States. (5) failed to cooperate with an investiga- would not provide any additional informa- Wherefore, President George W. Bush, by tion into possible federal violations resulting tion. DOE, the Department of the Interior, such conduct, is guilty of an impeachable of- from this activity; and fense warranting removal from office. and the Environmental Protection Agency (6) finally, entirely undermined the pros- ARTICLE XIII.—CREATING A SECRET TASK FORCE (EPA) provided GAO with estimates of cer- ecution by commuting the sentence of Lewis TO DEVELOP ENERGY AND MILITARY POLICIES tain costs and salaries associated with the Libby citing false and insubstantial grounds, WITH RESPECT TO IRAQ AND OTHER COUNTRIES NEPDG effort, but these estimates, all cal- all in an effort to prevent Congress and the culated in different ways, were not com- In his conduct while President of the citizens of the United States from discov- prehensive.’’ ering the deceitful nature of the President’s United States, George W. Bush, in violation In 2003, the Commerce Department dis- of his constitutional oath to faithfully exe- claimed justifications for the invasion of closed a partial collection of materials from Iraq. cute the office of President of the United the NEPDG, including documents, maps, and States and, to the best of his ability, pre- In facilitating this exposure of classified charts, dated March 2001, of Iraq’s, Saudi information and the subsequent cover-up, in serve, protect, and defend the Constitution Arabia’s and the United Arab Emirates’ oil of the United States, and in violation of his all of these actions and decisions, President fields, pipelines, refineries, tanker terminals, George W. Bush has acted in a manner con- constitutional duty to take care that the and development projects. laws be faithfully executed, has both person- trary to his trust as President, and subver- On November 16, 2005, the Washington Post sive of constitutional government, to the ally and acting through his agents and sub- reported on a White House document show- ordinates, together with the Vice President, prejudice of the cause of law and justice and ing that oil company executives had met to the manifest injury of the people of the created a secret task force to guide our na- with the NEPDG, something that some of tion’s energy policy and military policy, and United States. Wherefore, President George those same executives had just that week de- W. Bush, by such conduct, is guilty of an im- undermined Congress’ ability to legislate by nied in Congressional testimony. The Bush thwarting attempts to investigate the na- peachable offense warranting removal from Administration had not corrected the inac- office. ture of that policy. curate testimony. A Government Accountability Office (GAO) On July 18, 2007, the Washington Post re- ARTICLE XV.—PROVIDING IMMUNITY FROM PROS- Report on the Cheney Energy Task Force, in ported the full list of names of those who had ECUTION FOR CRIMINAL CONTRACTORS IN IRAQ August 2003, described the creation of this met with the NEPDG. In his conduct while President of the task force as follows: In 1998 Kenneth Derr, then chief executive United States, George W. Bush, in violation ‘‘In a January 29, 2001, memorandum, the of Chevron, told a San Francisco audience, of his constitutional oath to faithfully exe- President established NEPDG [the National ‘‘Iraq possesses huge reserves of oil and gas, cute the office of President of the United Energy Policy Development Group]—com- reserves I’d love Chevron to have access to.’’ States and, to the best of his ability, pre- prised of the Vice President, nine cabinet- According to the GAO report, Chevron pro- serve, protect, and defend the Constitution level officials, and four other senior adminis- vided detailed advice to the NEPDG. of the United States, and in violation of his tration officials—to gather information, de- In March, 2001, the NEPDG recommended constitutional duty under Article II, Section liberate, and make recommendations to the that the United States Government support 3 of the Constitution ‘‘to take care that the President by the end of fiscal year 2001. The initiatives by Middle Eastern countries ‘‘to laws be faithfully executed’’, has both per- President called on the Vice President to open up areas of their energy sectors to for- sonally and acting through his agents and chair the group, direct its work and, as nec- eign investment.’’ Following the invasion of subordinates, together with the Vice Presi- essary, establish subordinate working groups Iraq, the United States has pressured the dent, established policies granting United to assist NEPDG.’’ new Iraqi parliament to pass a hydrocarbon States government contractors and their em- The four ‘‘other senior administration offi- law that would do exactly that. The draft ployees in Iraq immunity from Iraqi law, cials were the Director of the Office of Man- law, if passed, would take the majority of U.S. law, and international law.

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.051 H10JNPT1 jbell on PROD1PC69 with HOUSE H5200 CONGRESSIONAL RECORD — HOUSE June 10, 2008 Lewis Paul Bremer III, then-Director of for its costs and then received an additional tion by Halliburton officials in meetings Reconstruction and Humanitarian Assist- fee, which was a percentage of its costs. This where bidding requirements were discussed, ance for post-war Iraq, on June 27, 2004, created an incentive for Halliburton to run and a lack of competition. She stated that issued Coalition Provisional Authority Order up its costs in order to increase its potential the Halliburton contracts represented ‘‘the Number 17, which granted members of the profit. most blatant and improper contract abuse I U.S. military, U.S. mercenaries, and other ‘‘Even after the Administration claimed it have witnessed during the course of my pro- U.S. contractor employees immunity from was awarding Iraq contracts competitively fessional career.’’ Days before the hearing, Iraqi law. in early 2004, real price competition was the acting general counsel of the Army Corps The Bush Administration has chosen not missing. Iraq was divided geographically and of Engineers paid Ms. Greenhouse a visit and to apply the Uniform Code of Military Jus- by economic sector into a handful of reportedly let it be known that it would not tice or United States law to mercenaries and fiefdoms. Individual contractors were then be in her best interest to appear voluntarily. other contractors employed by the United awarded monopoly contracts for all of the ‘‘On August 27, 2005, the Army demoted Ms. States government in Iraq. work within given fiefdoms. Because these Greenhouse, removing her from the elite Operating free of Iraqi or U.S. law, merce- monopoly contracts were awarded before Senior Executive Service and transferring naries have killed many Iraqi civilians in a specific projects were identified, there was her to a lesser job in the corps’ civil works manner that observers have described as ag- no actual price competition for more than division. As Frank Rich of The New York gression and not as self-defense. Many U.S. 2,000 projects. Times described the situation, ’[H]er crime contractors have also alleged that they have ‘‘In the absence of price competition, rig- was not obstructing justice but pursuing it been the victims of aggression (in several orous government oversight becomes essen- by vehemently questioning irregularities in cases of rape) by their fellow contract em- tial for accountability. Yet the Administra- the awarding of some $7 billion worth of no- ployees in Iraq. These charges have not been tion turned much of the contract oversight bid contracts in Iraq to the Halliburton sub- brought to trial, and in several cases the work over to private companies with blatant sidiary Kellogg Brown Root.’ The demotion contracting companies and the U.S. State conflicts of interest. Oversight contractors was in apparent retaliation for her speaking Department have worked together in at- oversaw their business partners and, in some out against the abuses, even though she pre- tempting to cover them up. cases, were placed in a position to assist viously had stellar reviews and over 20 years Under the Fourth Geneva Convention, to their own construction work under separate of experience in military procurement.’’ which the United States is party, and which monopoly construction contracts.... The House Committee on Oversight and under Article VI of the U.S. Constitution is ‘‘Under Halliburton’s two largest Iraq con- Government Reform reports on domestic contracting: therefore the supreme law of the United tracts, Pentagon auditors found $1 billion in ‘‘The Administration’s domestic con- States, it is the responsibility of an occu- ‘questioned’ costs and over $400 million in ’unsupported’ costs. Former Halliburton em- tracting record is no better than its record pying force to ensure the protection and on Iraq. Waste, fraud, and abuse appear to be human rights of the civilian population. The ployees testified that the company charged $45 for cases of soda, billed $100 to clean 15- the rule rather than the exception.... efforts of President Bush and his subordi- ‘‘A Transportation Security Administra- pound bags of laundry, and insisted on hous- nates to attempt to establish a lawless zone tion (TSA) cost-plus contract with NCS ing its staff at the five-star Kempinski hotel in Iraq are in violation of the law. Pearson, Inc., to hire federal airport screen- in Kuwait. Halliburton truck drivers testi- In all of these actions and decisions, Presi- ers was plagued by poor management and fied that the company ‘torched’ brand new dent George W. Bush has acted in a manner egregious waste. Pentagon auditors chal- $85,000 trucks rather than perform relatively contrary to his trust as President and sub- lenged $303 million (over 40%) of the $741 mil- versive of constitutional government, to the minor repairs and regular maintenance. Hal- lion spent by Pearson under the contract. prejudice of the cause of law and justice and liburton procurement officials described the The auditors detailed numerous concerns to the manifest injury of the people of the company’s informal motto in Iraq as ’Don’t with the charges of Pearson and its sub- United States. Wherefore, President George worry about price. It’s cost-plus.’ A Halli- contractors, such as ‘$20-an-hour temporary W. Bush, by such conduct, is guilty of an im- burton manager was indicted for ‘major workers billed to the government at $48 per peachable offense warranting removal from fraud against the United States’ for alleg- hour, subcontractors who signed out $5,000 in office. edly billing more than $5.5 billion for work cash at a time with no supporting docu- that should have cost only $685,000 in ex- ARTICLE XVI.—RECKLESS MISSPENDING AND ments, $377,273.75 in unsubstantiated long change for a $1 million kickback from a Ku- WASTE OF U.S. TAX DOLLARS IN CONNECTION distance phone calls, $514,201 to rent tents waiti subcontractor.... WITH IRAQ CONTRACTORS that flooded in a rainstorm, [and] $4.4 mil- ‘‘The Air Force found that another U.S. lion in ‘‘no show’’ fees for job candidates who In his conduct while President of the government contractor, Custer Battles, set United States, George W. Bush, in violation did not appear for tests.’ A Pearson em- up shell subcontractors to inflate prices. ployee who supervised Pearson’s hiring ef- of his constitutional oath to faithfully exe- Those overcharges were passed along to the cute the office of President of the United forts at 43 sites in the U.S. described the con- U.S. government under the company’s cost- tract as ‘a waste a taxpayer’s money.’ The States and, to the best of his ability, pre- plus contract to provide security for Bagh- serve, protect, and defend the Constitution CEO of one Pearson subcontractor paid her- dad International Airport. In one case, the self $5.4 million for nine months work and of the United States, and in violation of his company allegedly took Iraqi-owned fork- constitutional duty under Article II, Section provided herself with a $270,000 pension.... lifts, re-painted them, and leased them to ‘‘The Administration is spending $239 mil- 3 of the Constitution ‘‘to take care that the the U.S. government. lion on the Integrated Surveillance and In- laws be faithfully executed’’, has both per- ‘‘Despite the spending of billions of tax- telligence System, a no-bid contract to pro- sonally and acting through his agents and payer dollars, U.S. reconstruction efforts in vide thousands of cameras and sensors to subordinates, together with the Vice Presi- keys sectors of the Iraqi economy are failing. monitor activity on the Mexican and Cana- dent, recklessly wasted public funds on con- Over two years after the U.S.-led invasion of dian borders. Auditors found that the con- tracts awarded to close associates, including Iraq, oil and electricity production has fallen tractor, International Microwave Corp., companies guilty of defrauding the govern- below pre-war levels. The Administration billed for work it never did and charged for ment in the past, contracts awarded without has failed to even measure how many Iraqis equipment it never provided, ’creat[ing] a competitive bidding, ‘‘cost-plus’’ contracts lack access to drinkable water.’’ potential for overpayments of almost $13 designed to encourage cost overruns, and ‘‘Constitution in Crisis,’’ a book by Con- million.’ Moreover, the border monitoring contracts not requiring satisfactory comple- gressman John Conyers, details the Bush Ad- system reportedly does not work.... tion of the work. These failures have been ministration’s response when contract abuse ‘‘After spending more than $4.5 billion on the rule, not the exception, in the awarding is made public: screening equipment for the nation’s entry of contracts for work in the United States ‘‘Bunnatine Greenhouse was the chief con- points, the Department of Homeland Secu- and abroad over the past seven years. Re- tracting officer at the Army Corps of Engi- rity is now ‘moving to replace or alter much peated exposure of fraud and waste has not neers, the agency that has managed much of of’ it because ‘it is ineffective, unreliable or been met by the president with correction of the reconstruction work in Iraq. In October too expensive to operate.’ For example, radi- systemic problems, but rather with retribu- 2004, Ms. Greenhouse came forward and re- ation monitors at ports and borders report- tion against whistleblowers. vealed that top Pentagon officials showed edly could not ‘differentiate between radi- The House Committee on Oversight and improper favoritism to Halliburton when ation emitted by a nuclear bomb and natu- Government Reform reported on Iraq recon- awarding military contracts to Halliburton rally occurring radiation from everyday ma- struction contracting: subsidiary Kellogg Brown & Root (KBR). terial like cat litter or ceramic tile.’ ... ‘‘From the beginning, the Administration Greenhouse stated that when the Pentagon ‘‘The TSA awarded Boeing a cost-plus con- adopted a flawed contracting approach in awarded Halliburton a five-year $7 billion tract to install over 1,000 explosive detection Iraq. Instead of maximizing competition, the contract, it pressured her to withdraw her systems for airline passenger luggage. After Administration opted to award no-bid, cost- objections, actions which she claimed were installation, the machines ‘began to register plus contracts to politically connected con- unprecedented in her experience. false alarms’ and ‘[s]creeners were forced to tractors. Halliburton’s secret $7 billion con- ‘‘On June 27, 2005, Ms. Greenhouse testified open and hand-check bags.’ To reduce the tract to restore Iraq’s oil infrastructure is before Congress, detailing that the contract number of false alarms, the sensitivity of the the prime example. Under this no-bid, cost- award process was compromised by improper machines was lowered, which reduced the ef- plus contract, Halliburton was reimbursed influence by political appointees, participa- fectiveness of the detectors. Despite these

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.051 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5201 serious problems, Boeing received an $82 mil- Many of these detainees have been sub- treme heat, prolonged enforcement of pain- lion profit that the Inspector General deter- jected to systematic abuse, including beat- ful stress positions, sleep deprivation, sexual mined to be ‘excessive.’ ... ings, which have been subsequently docu- humiliation, and the defiling of religious ar- ‘‘The FBI spent $170 million on a ‘Virtual mented by news reports, photographic evi- ticles have been practiced and exposed as Case File’ system that does not operate as dence, testimony in Congress, lawsuits, and routine at Guantanamo, at Abu Ghraib Pris- required. After three years of work under a in the case of detainees in the U.S., by an in- on and other U.S. detention sites in Iraq, and cost-plus contract failed to produce a func- vestigation conducted by the Justice Depart- at Bagram Air Base in Afghanistan. The tional system, the FBI scrapped the program ment’s Office of the Inspector General. president, besides bearing responsibility for and began work on the new ‘Sentinel’ Case In violation of U.S. law and the Geneva authorizing the use of torture, also as Com- File System.... Conventions, the Bush Administration in- mander in Chief, bears ultimate responsi- ‘‘The Department of Homeland Security structed the Department of Justice and the bility for the failure to halt these practices Inspector General found that taxpayer dol- U.S. Department of Defense to refuse to pro- and to punish those responsible once they lars were being lavished on perks for agency vide the identities or locations of these de- were exposed. officials. One IG report found that TSA spent tainees, despite requests from Congress and The administration has sought to claim over $400,000 on its first leader’s executive of- from attorneys for the detainees. The presi- the abuse of captives is not torture, by rede- fice suite. Another found that TSA spent dent even declared the right to detain U.S. fining torture. An August 1, 2002 memo- $350,000 on a gold-plated gym.... citizens indefinitely, without charge and randum from the Administration’s Office of ‘‘According to news reports, Pentagon without providing them access to counsel or Legal Counsel Jay S. Bybee addressed to auditors . . . examined a contract between the courts, thus depriving them of their con- White House Counsel Alberto R. Gonzales the Transportation Security Administration stitutional and basic human rights. Several concluded that to constitute torture, any (TSA) and Unisys, a technology and con- of those U.S. citizens were held in military pain inflicted must be akin to that accom- sulting company, for the upgrade of airport brigs in solitary confinement for as long as panying ‘‘serious physical injury, such as computer networks. Among other irregular- three years before being either released or organ failure, impairment of bodily function, ities, government auditors found that Unisys transferred to civilian detention. or even death.’’ The memorandum went on may have overbilled for as much as 171,000 Detainees in U.S. custody in Iraq and to state that even should an act constitute hours of labor and overtime by charging for Guantanamo have, in violation of the Gene- torture under that minimal definition, it employees at up to twice their actual rate of va Conventions, been hidden from and denied might still be permissible if applied to ‘‘in- compensation. While the cost ceiling for the visits by the International Red Cross organi- terrogations undertaken pursuant to the contract was set at $1 billion, Unisys has re- zation, while thousands of others in Iraq, President’s Commander-in-Chief powers.’’ portedly billed the government $940 million Guantanamo, Afghanistan, ships in foreign The memorandum further asserted that ‘‘ne- with more than half of the seven-year con- off-shore sites, and an unknown number of cessity or self-defense could provide jus- tract remaining and more than half of the so-called ‘‘black sites’’ around the world tifications that would eliminate any crimi- TSA-monitored airports still lacking up- have been denied any opportunity to chal- nal liability.’’ graded networks.’’ lenge their detentions. The president, acting This effort to redefine torture by calling In all of these actions and decisions, Presi- on his own claimed authority, has declared certain practices simply ‘‘enhanced interro- dent George W. Bush has acted in a manner the hundreds of detainees at Guantanamo gation techniques’’ flies in the face of the contrary to his trust as President and Com- Bay to be ‘‘enemy combatants’’ not subject Third Geneva Convention Relating to the mander in Chief, and subversive of constitu- to U.S. law and not even subject to military Treatment of Prisoners of War, which states tional government, to the prejudice of the law, but nonetheless potentially liable to the that ‘‘No physical or mental torture, nor any cause of law and justice and to the manifest death penalty. other form of coercion, may be inflicted on injury of the people of the United States. The detention of individuals without due prisoners of war to secure from them infor- Wherefore, President George W. Bush, by process violates the 5th Amendment. While mation of any kind whatever. Prisoners of such conduct, is guilty of an impeachable of- the Bush administration has been rebuked in war who refuse to answer may not be threat- fense warranting removal from office. several court cases, most recently that of Ali ened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.’’ ARTICLE XVII.—ILLEGAL DETENTION: DETAINING al-Marri, it continues to attempt to exceed Torture is further prohibited by the Uni- INDEFINITELY AND WITHOUT CHARGE PERSONS constitutional limits. versal Declaration of Human Rights, the BOTH U.S. CITIZENS AND FOREIGN CAPTIVES In all of these actions violating U.S. and paramount international human rights In his conduct while President of the International law, President George W. Bush has acted in a manner contrary to his trust statement adopted unanimously by the United States, George W. Bush, in violation United Nations General Assembly, including of his constitutional oath to faithfully exe- as President and Commander in Chief, and subversive of constitutional government, to the United States, in 1948. Torture and other cute the office of President of the United cruel, inhuman or degrading treatment or States and, to the best of his ability, pre- the prejudice of the cause of law and justice and to the manifest injury of the people of punishment is also prohibited by inter- serve, protect, and defend the Constitution national treaties ratified by the United of the United States, and in violation of his the United States. Wherefore, President George W. Bush, by such conduct, is guilty of States: the International Covenant on Civil constitutional duty under Article II, Section and Political Rights (ICCPR) and the Con- 3 of the Constitution ‘‘to take care that the an impeachable offense warranting removal from office. vention Against Torture and Other Cruel In- laws be faithfully executed’’, has both per- human or Degrading Treatment or Punish- ARTICLE XVIII.—TORTURE: SECRETLY AUTHOR- sonally and acting through his agents and ment (CAT). subordinates, together with the Vice Presi- IZING, AND ENCOURAGING THE USE OF TOR- When the Congress, in the Defense Author- dent, violated United States and Inter- TURE AGAINST CAPTIVES IN AFGHANISTAN, ization Act of 2006, overwhelmingly passed a national Law and the U.S. Constitution by IRAQ, AND OTHER PLACES, AS A MATTER OF measure banning torture and sent it to the illegally detaining indefinitely and without OFFICIAL POLICY President’s desk for signature, the President, charge persons both U.S. citizens and foreign In his conduct while President of the who together with his vice president, had captives. United States, George W. Bush, in violation fought hard to block passage of the amend- In a statement on Feb. 7, 2002, President of his constitutional oath to faithfully exe- ment, signed it, but then quietly appended a Bush declared that in the U.S. fight against cute the office of President of the United signing statement in which he pointedly as- Al Qaeda, ‘‘none of the provisions of Geneva States and, to the best of his ability, pre- serted that as Commander-in-Chief, he was apply,’’ thus rejecting the Geneva Conven- serve, protect, and defend the Constitution not bound to obey its strictures. tions that protect captives in wars and other of the United States, and in violation of his The administration’s encouragement of conflicts. By that time, the administration constitutional duty under Article II, Section and failure to prevent torture of American was already transporting captives from the 3 of the Constitution ‘‘to take care that the captives in the wars in Iraq and Afghanistan, war in Afghanistan, both alleged Al Qaeda laws be faithfully executed’’, has both per- and in the battle against terrorism, has un- members and supporters, and also Afghans sonally and acting through his agents and dermined the rule of law in the U.S. and in accused of being fighters in the army of the subordinates, together with the Vice Presi- the US military, and has seriously damaged Taliban government, to U.S.-run prisons in dent, violated United States and Inter- both the effort to combat global terrorism, Afghanistan and to the detention facility at national Law and the U.S. Constitution by and more broadly, America’s image abroad. Guantanamo Bay, Cuba. The round-up and secretly authorizing and encouraging the use In his effort to hide torture by U.S. military detention without charge of Muslim non- of torture against captives in Afghanistan, forces and the CIA, the president has defied citizens inside the U.S. began almost imme- Iraq in connection with the so-called ‘‘war’’ Congress and has lied to the American peo- diately after the September 11, 2001 attacks on terror. ple, repeatedly claiming that the U.S. ‘‘does on the World Trade Center and the Pen- In violation of the Constitution, U.S. law, not torture.’’ tagon, with some being held as long as nine the Geneva Conventions (to which the U.S. is In all of these actions and decisions in vio- months. The U.S., on orders of the president, a signatory), and in violation of basic human lation of U.S. and International law, Presi- began capturing and detaining without rights, torture has been authorized by the dent George W. Bush has acted in a manner charge alleged terror suspects in other coun- President and his administration as official contrary to his trust as President and Com- tries and detaining them abroad and at the policy. Water-boarding, beatings, faked exe- mander in Chief, and subversive of constitu- U.S. Naval base in Guantanamo. cutions, confinement in extreme cold or ex- tional government, to the prejudice of the

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.051 H10JNPT1 jbell on PROD1PC69 with HOUSE H5202 CONGRESSIONAL RECORD — HOUSE June 10, 2008 cause of law and justice and to the manifest born in Syria, was picked up in September Americans—especially those who may travel injury of the people of the United States. 2002 while transiting through New York’s or live abroad—at risk of similar treatment. Wherefore, President George W. Bush, by JFK airport on his way home to Canada. Im- Furthermore, in the eyes of the rest of the such conduct, is guilty of an impeachable of- migration and FBI officials detained and in- world, the President has made the U.S., once fense warranting removal from office. terrogated him for nearly two weeks, ille- a model of respect for Human Rights and re- ARTICLE XIX.—RENDITION: KIDNAPPING PEOPLE gally denying him his rights to access coun- spect for the rule of law, into a state where AND TAKING THEM AGAINST THEIR WILL TO sel, the Canadian consulate, and the courts. international law is neither respected nor ‘‘BLACK SITES’’ LOCATED IN OTHER NATIONS, Executive branch officials asked him if he upheld. INCLUDING NATIONS KNOWN TO PRACTICE TOR- would volunteer to go to Syria, where he In all of these actions and decisions in vio- TURE hadn’t been in 15 years, and Maher refused lation of United States and International Maher was put on a private jet plane oper- In his conduct while President of the law, President George W. Bush has acted in ated by the CIA and sent to Jordan, where he United States, George W. Bush, in violation a manner contrary to his trust as President was beaten for 8 hours, and then delivered to of his constitutional oath to faithfully exe- and Commander in Chief, and subversive of Syria, where he was beaten and interrogated cute the office of President of the United constitutional government, to the prejudice for 18 hours a day for a couple of weeks. He States and, to the best of his ability, pre- of the cause of law and justice and to the serve, protect, and defend the Constitution was whipped on his back and hands with a 2 manifest injury of the people of the United of the United States, and in violation of his inch thick electric cable and asked questions States. Wherefore, President George W. constitutional duty under Article II, Section similar to those he had been asked in the Bush, by such conduct, is guilty of an im- 3 of the Constitution ‘‘to take care that the United States. For over ten months Maher peachable offense warranting removal from laws be faithfully executed’’, has both per- was held in an underground grave-like cell— office. 3 × 6 × 7 feet—which was damp and cold, and sonally and acting through his agents and ARTICLE XX.—IMPRISONING CHILDREN in which the only light came in through a subordinates, together with the Vice Presi- In his conduct while President of the dent, violated United States and Inter- hole in the ceiling. After a year of this, Maher was released without any charges. He United States, George W. Bush, in violation national Law and the U.S. Constitution by of his constitutional oath to faithfully exe- kidnapping people and renditioning them to is now back home in Canada with his family. Upon his release, the Syrian Government an- cute the office of President of the United ‘‘black sites’’ located in other nations, in- States and, to the best of his ability, pre- cluding nations known to practice torture. nounced he had no links to Al Qaeda, and the Canadian Government has also said they’ve serve, protect, and defend the Constitution The president has publicly admitted that of the United States, and in violation of his since the 9–11 attacks in 2001, the U.S. has found no links to Al Qaeda. The Canadian constitutional duty under Article II, Section been kidnapping and transporting against Government launched a Commission of In- 3 of the Constitution ‘‘to take care that the the will of the subject (renditioning) in its quiry into the Actions of Canadian Officials laws be faithfully executed’’, has both per- so-called ‘‘war’’ on terror—even people cap- in Relation to Maher Arar, to investigate the sonally and acting through his agents and tured by U.S. personnel in friendly nations role of Canadian officials, but the Bush Ad- subordinates, authorized or permitted the ar- like Sweden, Germany, Macedonia and ministration has refused to cooperate with rest and detention of at least 2500 children Italy—and ferrying them to places like the Inquiry. under the age of 18 as ‘‘enemy combatants’’ Bagram Airbase in Afghanistan, and to pris- Hundreds of flights of CIA-chartered planes in Iraq, Afghanistan, and at Guantanamo ons operated in Eastern European countries, have been documented as having passed Bay Naval Station in violation of the Fourth African Countries and Middle Eastern coun- through European countries on extraor- tries where security forces are known to dinary rendition missions like that involving Geneva Convention relating to the treat- practice torture. Maher Arar, but the administration refuses ment of ‘‘protected persons’’ and the Op- These people are captured and held indefi- to state how many people have been subjects tional Protocol to the Geneva Convention on nitely, without any charges being filed, and of this illegal program. the Rights of the Child on the Involvement are held without being identified to the Red The same U.S. laws prohibiting aiding and of Children in Armed Conflict, signed by the Cross, or to their families. Many are clearly abetting torture also prohibit sending some- U.S. in 2002. To wit: innocent, and several cases, including one in one to a country where there is a substantial In May 2008, the U.S. government reported Canada and one in Germany, have demon- likelihood they may be tortured. Article 3 of to the United Nations that it has been hold- strably been shown subsequently to have CAT prohibits forced return where there is a ing upwards of 2,500 children under the age of been in error, because of a similarity of ‘‘substantial likelihood’’ that an individual 18 as ‘‘enemy combatants’’ at detention cen- names or because of misinformation pro- ‘‘may be in danger of’’ torture, and has been ters in Iraq, Afghanistan and at Guantanamo vided to U.S. authorities. implemented by federal statute. Article 7 of Bay (where there was a special center, Camp Such a policy is in clear violation of U.S. the ICCPR prohibits return to country of ori- Iguana, established just for holding chil- and International Law, and has placed the gin where individuals may be ‘‘at risk’’ of ei- dren). The length of these detentions has fre- United States in the position of a pariah ther torture or cruel, inhuman or degrading quently exceeded a year, and in some cases state. The CIA has no law enforcement au- treatment. has stretched to five years. Some of these de- thority, and cannot legally arrest or detain Under international Human Rights law, tainees have reached adulthood in detention anyone. The program of ‘‘extraordinary ren- transferring a POW to any nation where he and are now not being reported as child de- dition’’ authorized by the president is the or she is likely to be tortured or inhumanely tainees because they are no longer children. substantial equivalent of the policies of ‘‘dis- treated violates Article 12 of the Third Gene- In addition to detaining children as appearing’’ people, practices widely prac- va Convention, and transferring any civilian ‘‘enemy combatants,’’ it has been widely re- ticed and universally condemned in the mili- who is a protected person under the Fourth ported in media reports that the U.S. mili- tary dictatorships of Latin America during Geneva Convention is a grave breach and a tary in Iraq has, based upon Pentagon rules the late 20th Century. criminal act. of engagement, been treating boys as young The administration has claimed that prior In situations of armed conflict, both inter- as 14 years of age as ‘‘potential combatants,’’ administrations have practiced extraor- national human rights law and humanitarian subject to arrest and even to being killed. In dinary rendition, but, while this is tech- law apply. A person captured in the zone of Fallujah, in the days ahead of the November nically true, earlier renditions were used military hostilities ‘‘must have some status 2004 all-out assault, Marines ringing the city only to capture people with outstanding ar- under international law; he is either a pris- were reported to be turning back into the rest warrants or convictions who were out- oner of war and, as such, covered by the city men and boys ‘‘of combat age’’ who were side in order to deliver them to stand trial or Third Convention, [or] a civilian covered by trying to flee the impending scene of battle— serve their sentences in the U.S. The presi- the Fourth Convention. . . . There is no in- an act which in itself is a violation of the dent has refused to divulge how many people termediate status; nobody in enemy hands Geneva Conventions, which require combat- have been subject to extraordinary rendition can be outside the law.’’ Although the state ants to permit anyone, combatants as well since September, 2001. It is possible that is obligated to repatriate Prisoners of War as as civilians, to surrender, and to leave the some have died in captivity. As one U.S. offi- soon as hostilities cease, the ICRC’s com- scene of battle. cial has stated off the record, regarding the mentary on the 1949 Conventions states that Under the Fourth Geneva Convention, to program, Some of those who were prisoners should not be repatriated where which the United States has been a signa- renditioned were later delivered to Guanta- there are serious reasons for fearing that re- tory since 1949, children under the age of 15 namo, while others were sent there directly. patriating the individual would be contrary captured in conflicts, even if they have been An example of this is the case of six Algerian to general principles of established inter- fighting, are to be considered victims, not Bosnians who, immediately after being national law for the protection of human prisoners. In 2002, the United States signed cleared by the Supreme Court of Bosnia beings Thus, all of the Guantanamo detain- the Optional Protocol to the Geneva Conven- Herzegovina in January 2002 of allegedly ees as well as renditioned captives are pro- tion on the Rights of the Child on the In- plotting to attack the U.S. and UK embas- tected by international human rights protec- volvement of children in Armed Conflict, sies, were captured, bound and gagged by tions and humanitarian law. which raised this age for this category of U.S. special forces and renditioned to Guan- By his actions as outlined above, the Presi- ‘‘protected person’’ to under 18. tanamo. dent has abused his power, broken the law, The continued detention of such children, In perhaps the most egregious proven case deceived the American people, and placed some as young as 10, by the U.S. military is of rendition, Maher Arar, a Canadian citizen American military personnel, and indeed all a violation of both convention and protocol,

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.052 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5203 and as such constitutes a war crime for friend in the Pentagon in November 2001 that from Lebanon to Afghanistan, and purports which the president, as commander in chief, the list of governments that Rumsfeld and to sanction actions up to and including the bears full responsibility. Deputy Secretary of Defense Paul Wolfowitz funding of organizations like the MEK and In all of these actions and decisions, Presi- planned to overthrow included Iraq, Iran, the assassination of public officials. dent George W. Bush has acted in a manner Syria, Libya, Sudan, and Somalia. Clark All of these actions by the President and contrary to his trust as President and Com- writes that the list also included Lebanon. his agents and subordinates exhibit a dis- mander in Chief, and subversive of constitu- Journalist Gareth Porter reported in May regard for the truth and a recklessness with tional government, to the prejudice of the 2008 asking Feith at a public event which of regard to national security, nuclear pro- cause of law and justice and to the manifest the six regimes on the Clark list were in- liferation and the global role of the United injury of the people of the United States. cluded in the Rumsfeld paper, to which Feith States military that is not merely unaccept- Wherefore, President George W. Bush, by replied ‘‘All of them.’’ able but dangerous in a commander-in- chief. such conduct, is guilty of an impeachable of- Rumsfeld’s aides also drafted a second In all of these actions and decisions, Presi- fense warranting removal from office. version of the paper, as instructions to all dent George W. Bush has acted in a manner ARTICLE XXI.—MISLEADING CONGRESS AND THE military commanders in the development of contrary to his trust as President and Com- AMERICAN PEOPLE ABOUT THREATS FROM ‘‘campaign plans against terrorism’’. The mander in Chief, and subversive of constitu- IRAN, AND SUPPORTING TERRORIST ORGANIZA- paper called for military commanders to as- tional government, to the prejudice of the TIONS WITHIN IRAN, WITH THE GOAL OF OVER- sist other government agencies ‘‘as directed’’ cause of law and justice and to the manifest THROWING THE IRANIAN GOVERNMENT to ‘‘encourage populations dominated by ter- injury of the people of the United States. In his conduct while President of the rorist organizations or their supporters to Wherefore, President George W. Bush, by United States, George W. Bush, in violation overthrow that domination.’’ such conduct, is guilty of an impeachable of- of his constitutional oath to faithfully exe- In January 2005, Seymour Hersh reported fense warranting removal from office. in the New Yorker Magazine that the Bush cute the office of President of the United ARTICLE XXII—CREATING SECRET LAWS Administration had been conducting secret States and, to the best of his ability, pre- In his conduct while President of the serve, protect, and defend the Constitution reconnaissance missions inside Iran at least since the summer of 2004. United States, George W. Bush, in violation of the United States, and in violation of his of his constitutional oath to faithfully exe- constitutional duty to take care that the In June 2005 former United Nations weap- ons inspector Scott Ritter reported that cute the office of President of the United laws be faithfully executed, has both person- States and, to the best of his ability, pre- ally and acting through his agents and sub- United States security forces had been send- ing members of the Mujahedeen-e Khalq serve, protect, and defend the Constitution ordinates misled the Congress and the citi- of the United States, and in violation of his zens of the United States about a threat of (MEK) into Iranian territory. The MEK has been designated a terrorist organization by constitutional duty under Article II, Section nuclear attack from the nation of Iran. 3 of the Constitution ‘‘to take care that the The National Intelligence Estimate re- the United States, the European Union, Can- laws be faithfully executed’’, has both per- leased to Congress and the public on Decem- ada, Iraq, and Iran. Ritter reported that the sonally and acting through his agents and ber 4, 2007, which confirmed that the govern- United States Central Intelligence Agency ment of the nation of Iran had ceased any ef- (CIA) had used the MEK to carry out remote subordinates, together with the Vice Presi- forts to develop nuclear weapons, was com- bombings in Iran. dent, established a body of secret laws pleted in 2006. Yet, the president and his In April 2006, Hersh reported in the New through the issuance of legal opinions by the aides continued to suggest during 2007 that Yorker Magazine that U.S. combat troops Department of Justice’s Office of Legal such a nuclear threat was developing and had entered and were operating in Iran, Counsel (OLC). The OLC’s March 14, 2003, interrogation might already exist. National Security Ad- where they were working with minority memorandum (‘‘Yoo Memorandum’’) was de- viser Stephen Hadley stated at the time the groups including the Azeris, Baluchis, and classified years after it served as law for the National Intelligence Estimate regarding Kurds. executive branch. On April 29, 2008, House Iran was released that the president had Also in April 2006, Larisa Alexandrovna re- Judiciary Committee Chairman John Con- been briefed on its findings ‘‘in the last few ported on Raw Story that the U.S. Depart- yers and Subcommittee on the Constitution, months.’’ Hadley’s statement establishes a ment of Defense (DOD) was working with and Civil Rights and Civil Liberties Chairman timeline that shows the president knowingly training the MEK, or former members of the Jerrold Nadler wrote in a letter to Attorney sought to deceive Congress and the American MEK, sending them to commit acts of vio- General Michael Mukasey: people about a nuclear threat that did not lence in southern Iran in areas where recent ‘‘It appears to us that there was never any exist. attacks had left many dead. Raw Story re- Hadley has stated that the president ‘‘was ported that the Pentagon had adopted the legitimate basis for the purely legal analysis basically told: stand down’’ and, yet, the policy of supporting MEK shortly after the contained in this document to be classified president and his aides continued to make 2003 invasion of Iraq, and in response to the in the first place. The Yoo Memorandum false claims about the prospect that Iran was influence of Vice President Richard B. Che- does not describe sources and methods of in- trying to ‘‘build a nuclear weapon’’ that ney’s office. Raw Story subsequently re- telligence gathering, or any specific facts re- could lead to ‘‘World War III.’’ ported that no Presidential finding, and no garding any interrogation activities. In- This evidence establishes that the presi- Congressional oversight, existed on MEK op- stead, it consists almost entirely of the De- dent actively engaged in and had full knowl- erations. partment’s legal views, which are not prop- edge of a campaign by his administration to In March 2007, Hersh reported in the New erly kept secret from Congress and the make a false ‘‘case’’ for an attack on Iran, Yorker Magazine that the Bush administra- American people. J. William Leonard, the thus warping the national security debate at tion was attempting to stem the growth of Director of the National Archive’s Office of a critical juncture and creating the prospect Shiite influence in the Middle East (specifi- Information Security Oversight Office, and a of an illegal and unnecessary attack on a cally the Iranian government and Hezbollah top expert in this field concurs, commenting sovereign nation. in Lebanon) by funding violent Sunni organi- that ‘[t]he document in question is purely a Even after the National Intelligence Esti- zations, without any Congressional author- legal analysis’ that contains ‘nothing which mate was released to Congress and the Amer- ization or oversight. Hersh said funds had would justify classification.’ In addition, the ican people, the president stated that he did been given to ‘‘three Sunni jihadist groups Yoo Memorandum suggests an extraordinary not believe anything had changed and sug- . . . connected to al Qaeda’’ that ‘‘want to breadth and aggressiveness of OLC’s secret gested that he and members of his adminis- take on Hezbollah.’’ legal opinion-making. Much attention has tration would continue to argue that Iran In April 2008, the Los Angeles Times re- rightly been given to the statement in foot- should be seen as posing a threat to the ported that conflicts with insurgent groups note 10 in the March 14, 2003, memorandum United States. He did this despite the fact along Iran’s borders were understood by the that, in an October 23, 2001, opinion, OLC that United States intelligence agencies had Iranian government as a proxy war with the concluded ‘that the Fourth Amendment had clearly and officially stated that this was United States and were leading Iran to sup- no application to domestic military oper- not the case. port its allies against the United States’ oc- ations.’ As you know, we have requested a Evidence suggests that the Bush Adminis- cupation force in Iraq. Among the groups the copy of that memorandum on no less than tration’s attempts to portray Iran as a U.S. DOD is supporting, according to this re- four prior occasions and we continue to de- threat are part of a broader U.S. policy to- port, is the Party for Free Life in Kurdistan, mand access to this important document. ward Iran. On September 30, 2001, then-Sec- known by its Kurdish acronym, PEJAK. The ‘‘In addition to this opinion, however, the retary of Defense Donald Rumsfeld estab- United States has provided ‘‘foodstuffs, eco- Yoo Memorandum references at least 10 lished an official military objective of over- nomic assistance, medical supplies and Rus- other OLC opinions on weighty matters of turning the regime in Iran, as well as those sian military equipment, some of it funneled great interest to the American people that in Iraq, Syria, and four other countries in through nonprofit groups.’’ also do not appear to have been released. the Middle East, according to a document In May 2008, Andrew Cockburn reported on These appear to cover matters such as the quoted in then- Undersecretary of Defense Counter Punch that President Bush, six power of Congress to regulate the conduct of for Policy Douglas Feith’s book, ‘‘War and weeks earlier had signed a secret finding au- military commissions, legal constraints on Decision.’’ thorizing a covert offensive against the Ira- the ‘military detention of United States citi- General Wesley Clark, reports in his book nian regime. President Bush’s secret direc- zens,’ legal rules applicable to the boarding ‘‘Winning Modern Wars’’ being told by a tive covers actions across an area stretching and searching foreign ships, the President’s

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.052 H10JNPT1 jbell on PROD1PC69 with HOUSE H5204 CONGRESSIONAL RECORD — HOUSE June 10, 2008 authority to render U.S. detainees to the nouncements, such as Executive Orders, that shared by Mexico with Arizona, Texas, and custody of foreign governments, and the carry the force of law. Through the diligent California. This deployment, which by 2007 President’s authority to breach or suspend efforts of my colleague Senator Whitehouse, reached a maximum of 6,000 troops, had or- U.S. treaty obligations. Furthermore, it has we have learned that OLC has taken the po- ders to ‘‘conduct surveillance and operate de- been more than five years since the Yoo sition that a President can ‘waive’ or ‘mod- tection equipment, work with border entry Memorandum was authored, raising the ify’ a published Executive Order without any identification teams, analyze information, question how many other such memoranda notice to the public or Congress simply by assist with communications and give admin- and letters have been secretly authored and not following it.’’ istrative support to the Border Patrol’’ and utilized by the Administration. In all of these actions and decisions, Presi- concerned ‘‘. . . providing intelligence, in- ‘‘Indeed, a recent court filing by the De- dent George W. Bush has acted in a manner specting cargo, and conducting surveil- partment in FOIA litigation involving the contrary to his trust as President and Com- lance.’’ Central Intelligence Agency identifies 8 addi- mander in Chief, and subversive of constitu- The Air Force’s ‘‘Eagle Eyes’’ program en- tional secret OLC opinions, dating from Au- tional government, to the prejudice of the courages Air Force military staff to gather gust 6, 2004, to February 18, 2007. Given that cause of law and justice and to the manifest evidence on American citizens. Eagle Eyes these reflect only OLC memoranda identified injury of the people of the United States. instructs Air Force personnel to engage in in the files of the CIA, and based on the sam- Wherefore, President George W. Bush, by surveillance and then advises them to ‘‘alert pling procedures under which that listing such conduct, is guilty of an impeachable of- local authorities,’’ asking military staff to was generated, it appears that these rep- fense warranting removal from office. surveil and gather evidence on public citi- resent only a small portion of the secret OLC In all of these actions and decisions, Presi- zens. This contravenes DoD Directive 5525.5 memoranda generated during this time, with dent George W. Bush has acted in a manner ‘‘SUBJECT: DoD Cooperation with Civilian the true number almost certainly much contrary to his trust as President, and sub- Law Enforcement’’ which limits such activi- higher.’’ versive of constitutional government, to the ties. Senator Russ Feingold, in a statement dur- prejudice of the cause of law and justice and President Bush has implemented a pro- ing an April 30, 2008, senate hearing stated: to the manifest injury of the people of the gram to use imagery from military satellites ‘‘It is a basic tenet of democracy that the United States. Wherefore, President George for domestic law enforcement through the people have a right to know the law. In keep- W. Bush, by such conduct, is guilty of an im- National Applications Office. ing with this principle, the laws passed by peachable offense warranting removal from President Bush has assigned numerous ac- Congress and the case law of our courts have office. tive duty military personnel to civilian in- historically been matters of public record. ARTICLE XXIII—VIOLATION OF THE POSSE stitutions such as the CIA and the Depart- And when it became apparent in the middle COMITATUS ACT ment of Homeland Security, both of which of the 20th century that federal agencies In his conduct while President of the have responsibilities for law enforcement were increasingly creating a body of non- and intelligence. public administrative law, Congress passed United States, George W. Bush, in violation of his constitutional oath to faithfully exe- In addition, on May 9, 2007, President Bush several statutes requiring this law to be released ‘‘National Security Presidential Di- made public, for the express purpose of pre- cute the office of President of the United States and, to the best of his ability, pre- rective/NSPD 51,’’ which effectively gives the venting a regime of ‘secret law.’ That pur- president unchecked power to control the en- pose today is being thwarted. Congressional serve, protect, and defend the Constitution of the United States, and in violation of his tire government and to define that govern- enactments and agency regulations are for ment in time of an emergency, as well as the the most part still public. But the law that constitutional duty under Article II, Section 3 of the Constitution ‘‘to take care that the power to determine whether there is an applies in this country is determined not emergency. The document also contains only by statutes and regulations, but also by laws be faithfully executed’’, has both per- sonally and acting through his agents and ‘‘classified Continuity Annexes.’’ In July 2007 the controlling interpretations of courts and, and again in August 2007 Rep. Peter DeFazio, in some cases, the executive branch. More subordinates, repeatedly and illegally estab- lished programs to appropriate the power of a senior member of the House Homeland Se- and more, this body of executive and judicial curity Committee, sought access to the clas- law is being kept secret from the public, and the military for use in law enforcement. Spe- cifically, he has contravened U.S.C. Title 18, sified annexes. DeFazio and other leaders of too often from Congress as well. . . . the Homeland Security Committee, includ- ‘‘A legal interpretation by the Justice De- Section 1385, originally enacted in 1878, sub- sequently amended as ‘‘Use of Army and Air ing Chairman Bennie Thompson, have been partment’s Office of Legal Counsel . . . binds denied a review of the Continuity of Govern- the entire executive branch, just like a regu- Force as Posse Comitatus’’ and commonly known as the Posse Comitatus Act. ment classified annexes. lation or the ruling of a court. In the words In all of these actions and decisions, Presi- of former OLC head Jack Goldsmith, ‘These The Act states: ‘‘Whoever, except in cases and under cir- dent George W. Bush has acted in a manner executive branch precedents are ‘‘law’’ for cumstances expressly authorized by the Con- contrary to his trust as President and Com- the executive branch.’ The Yoo memo- stitution or Act of Congress, willfully uses mander in Chief, and subversive of constitu- randum was, for a nine-month period in 2003 any part of the Army or the Air Force as a tional government, to the prejudice of the until it was withdrawn by Mr. Goldsmith, posse comitatus or otherwise to execute the cause of law and justice and to the manifest the law that this Administration followed laws shall be fined under this title or impris- injury of the people of the United States. when it came to matters of torture. And of oned not more than two years, or both.’’ Wherefore, President George W. Bush, by course, that law was essentially a declara- The Posse Comitatus Act is designed to such conduct, is guilty of an impeachable of- tion that few if any laws applied . . . prevent the military from becoming a na- fense warranting removal from office. ‘‘Another body of secret law is the control- tional police force. ling interpretations of the Fo reign Intel- ARTICLE XXIV.—SPYING ON AMERICAN CITIZENS, The Declaration of Independence states as WITHOUT A COURT-ORDERED WARRANT, IN VIO- ligence Surveillance Act that are issued by a specific grievance against the British that the Foreign Intelligence Surveillance Court. LATION OF THE LAW AND THE FOURTH AMEND- the King had ‘‘kept among us, in times of MENT FISA, of course, is the law that governs the peace, Standing Armies without the consent In his conduct while President of the government’s ability in intelligence inves- of our legislatures,’’ had ‘‘affected to render United States, George W. Bush, in violation tigations to conduct wiretaps and search the the Military independent of and superior to of his constitutional oath to faithfully exe- homes of people in the United States. Under the civil power,’’ and had ‘‘quarter[ed] large cute the office of President of the United that statute, the FISA Court is directed to bodies of armed troops among us . . . pro- States and, to the best of his ability, pre- evaluate wiretap and search warrant applica- tecting them, by a mock trial, from punish- serve, protect, and defend the Constitution tions and decide whether the standard for ment for any murders which they should of the United States, and in violation of his issuing a warrant has been met—a largely commit on the inhabitants of these States’’ factual evaluation that is properly done be- Despite the Posse Comitatus Act’s intent, constitutional duty under Article II, Section hind closed doors. But with the evolution of and in contravention of the law, President 3 of the Constitution ‘‘to take care that the technology and with this Administration’s Bush: laws be faithfully executed,’’ has both per- efforts to get the Court’s blessing for its ille- (a) has used military forces for law en- sonally and acting through his agents and gal wiretapping activities, we now know that forcement purposes on U.S. border patrol; subordinates, knowingly violated the fourth the Court’s role is broader, and that it is (b) has established a program to use mili- Amendment to the Constitution and the For- very much engaged in substantive interpre- tary personnel for surveillance and informa- eign Intelligence Service Act of 1978 (FISA) tations of the governing statute. These in- tion on criminal activities; by authorizing warrantless electronic sur- terpretations are as much a part of this (c) is using military espionage equipment veillance of American citizens to wit: country’s surveillance law as the statute to collect intelligence information for law (1) The President was aware of the FISA itself. Without access to them, it is impos- enforcement use on civilians within the Law requiring a court order for any wiretap sible for Congress or the public to have an United States; and as evidenced by the following: informed debate on matters that deeply af- (d) employs active duty military personnel (A) ‘‘Now, by the way, any time you hear fect the privacy and civil liberties of all in surveillance agencies, including the Cen- the United States government talking about Americans . . . tral Intelligence Agency (CIA). wiretap, it requires—a wiretap requires a ‘‘The Administration’s shroud of secrecy In June 2006, President Bush ordered Na- court order. Nothing has changed, by the extends to agency rules and executive pro- tional Guard troops deployed to the border way. When we’re talking about chasing down

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.052 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5205 terrorists, we’re talking about getting a ated by the NSA in the San Francisco office thority as I can recall ever having studied.’’ court order before we do so.’’ White House of AT&T. He heard from a co-worker that Letter from Harvard Law Professor Law- Press conference on April 20, 2004. [White similar rooms were being constructed in rence Tribe to John Conyers on 1/6/06. House Transcript] other cities, including Seattle, San Jose, Los (H) On August 17, 2006 Judge Anna Diggs (B) ‘‘Law enforcement officers need a fed- Angeles and San Diego. From ‘‘Whistle- Taylor of the United States District Court in eral judge’s permission to wiretap a foreign Blower Outs NSA Spy Room,’’ Wired News, 4/ Detroit, in ACLU v. NSA, ruled that the terrorist’s phone, or to track his calls, or to 7/06 [Wired] [EFF Case] ‘‘NSA program to wiretap the international search his property. Officers must meet (4) The President asserted an inherent au- communications of some Americans without strict standards to use any of the tools we’re thority to conduct electronic surveillance a court warrant violated the Constitution. talking about.’’ President Bush’s speech in based on the Constitution and the ‘‘Author- . . . Judge Taylor ruled that the program Baltimore Maryland on July 20th 2005. ization to use Military Force in Iraq’’ violated both the Fourth Amendment and a [White House Transcript] (AUMF) that was not legally valid as evi- 1978 law that requires warrants from a secret (2) The President repeatedly ordered the denced by the following: court for intelligence wiretaps involving peo- NSA to place wiretaps on American citizens (A) In a December 19th, 2005 Press Briefing ple in the United States. She rejected the ad- without requesting a warrant from FISA as General Alberto Gonzales admitted that the ministration’s repeated assertions that a evidenced by the following: surveillance authorized by the President was 2001 Congressional authorization and the (A) ‘‘Months after the Sept. 11 attacks, not only done without FISA warrants, but president’s constitutional authority allowed President Bush secretly authorized the Na- that the nature of the surveillance was so far the program.’’ From a New York Times arti- tional Security Agency to eavesdrop on removed from what FISA can approve that cle ‘‘Judge Finds Wiretap Actions Violate Americans and others inside the United FISA could not even be amended to allow it. the Law’’ 8/18/06 and the Memorandum Opin- States to search for evidence of terrorist ac- Gonzales stated ‘‘We have had discussions ion. tivity without the court-approved warrants with Congress in the past—certain members (I) In July 2007, the Sixth Circuit Court of ordinarily required for domestic spying, ac- of Congress—as to whether or not FISA Appeals dismissed the case, ruling the plain- cording to government officials.’’ New York could be amended to allow us to adequately tiffs had no standing to sue because, given Times article by James Risen and Eric deal with this kind of threat, and we were the secretive nature of the surveillance, they Lichtblau on December 12, 2005. [NYTimes] advised that that would be difficult, if not could not state with certainty that they (B) The President admits to authorizing impossible.’’. have been wiretapped by the NSA. This rul- the program by stating ‘‘I have reauthorized (B) The fourth amendment to the United ing did not address the legality of the sur- this program more than 30 times since the States Constitution states ‘‘The right of the veillance so Judge Taylor’s decision is the September the 11th attacks, and I intend to people to be secure in their persons, houses, only ruling on that issue. [ACLU Legal Doc- do so for as long as our nation faces a con- papers, and effects, against unreasonable uments] tinuing threat from al Qaeda and related searches and seizures, shall not be violated, In all of these actions and decisions, Presi- groups. The NSA’s activities under this au- and no Warrants shall issue, but upon prob- dent George W. Bush has acted in a manner thorization are thoroughly reviewed by the able cause, supported by Oath or affirmation, contrary to his trust as President and Com- Justice Department and NSA’s top legal offi- and particularly describing the place to be mander in Chief, and subversive of constitu- cials, including NSA’s general counsel and searched, and the persons or things to be tional government, to the prejudice of the inspector general. Leaders in Congress have seized.’’ cause of law and justice and to the manifest been briefed more than a dozen times on this (C) ‘‘The Foreign Intelligence Surveillance injury of the people of the United States. authorization and the activities conducted Act of 1978 unambiguously limits war- Wherefore, President George W. Bush, by under it.’’ Radio Address from the White rantless domestic electronic surveillance, such conduct, is guilty of an impeachable of- House on December 17, 2005. [White House even in a congressionally declared war, to fense warranting removal from office. Transcript] the first 15 days of that war; criminalizes ARTICLE XXV.—DIRECTING TELECOMMUNI- (C) In a December 19th 2005 press con- any such electronic surveillance not author- CATIONS COMPANIES TO CREATE AN ILLEGAL ference the President publicly admitted to ized by statute; and expressly establishes AND UNCONSTITUTIONAL DATABASE OF THE using a combination of surveillance tech- FISA and two chapters of the federal crimi- PRIVATE TELEPHONE NUMBERS AND EMAILS niques including some with permission from nal code, governing wiretaps for intelligence OF AMERICAN CITIZENS the FISA courts and some without permis- purposes and for criminal investigation, re- sion from FISA. spectively, as the ‘‘exclusive means by which In his conduct while President of the Reporter: It was, why did you skip the electronic surveillance . . . and the intercep- United States, George W. Bush, in violation basic safeguards of asking courts for permis- tion of domestic wire, oral, and electronic of his constitutional oath to faithfully exe- sion for the intercepts? communications may be conducted.’’ 50 cute the office of President of the United The President: . . . We use FISA still— U.S.C. 1811, 1809, 18 U.S.C. 2511(2)(f).’’ Letter States and, to the best of his ability, pre- you’re referring to the FISA court in your from Harvard Law Professor Lawrence Tribe serve, protect, and defend the Constitution question—of course, we use FISAs. But FISA to John Conyers on 1/6/06. of the United States, and in violation of his is for long-term monitoring. What is needed (D) In a December 19th, 2005 Press Briefing constitutional duty under Article II, Section in order to protect the American people is Attorney General Alberto Gonzales stated 3 of the Constitution ‘‘to take care that the the ability to move quickly to detect. Now, ‘‘Our position is, is that the authorization to laws be faithfully executed,’’ has both per- having suggested this idea, I then, obviously, use force, which was passed by the Congress sonally and acting through his agents and went to the question, is it legal to do so? I in the days following September 11th, con- subordinates, violated the Stored Commu- am—I swore to uphold the laws. Do I have stitutes that other authorization, that other nications Act of 1986 and the Telecommuni- the legal authority to do this? And the an- statute by Congress, to engage in this kind cations Act of 1996 by creating of a very swer is, absolutely. As I mentioned in my re- of signals intelligence.’’ large database containing information re- marks, the legal authority is derived from (E) The ‘‘Authorization to use Military lated to the private telephone calls and the Constitution, as well as the authoriza- Force in Iraq’’ does not give any explicit au- emails of American citizens, to wit: tion of force by the United States Congress.’’ thorization related to electronic surveil- The President requested that tele- [White House Transcript] lance. [HJRes114] communication companies release customer (D) Mike McConnel, the Director of Na- (F) ‘‘From the foregoing analysis, it ap- phone records to the government illegally as tional Intelligence, in a letter to to Senator pears unlikely that a court would hold that evidenced by the following: Arlen Specter, acknowledged that Bush’s Ex- Congress has expressly or impliedly author- ‘‘The Stored Communications Act of 1986 ecutive Order in 2001 authorized a series of ized the NSA electronic surveillance oper- (SCA) prohibits the knowing disclosure of secret surveillance activities and included ations here under discussion, and it would customer telephone records to the govern- undisclosed activities beyond the war- likewise appear that, to the extent that ment unless pursuant to subpoena, warrant rantless surveillance of e-mails and phone those surveillances fall within the definition or a National Security Letter (or other Ad- calls that Bush confirmed in December 2005. of ‘‘electronic surveillance’’ within the ministrative subpoena); with the customers ‘‘NSA Spying Part of Broader Effort’’ by Dan meaning of FISA or any activity regulated lawful consent; or there is a business neces- Eggen, Washington Post, 8/1/07. under Title III, Congress intended to cover sity; or an emergency involving the danger (3) The President ordered the surveillance the entire field with these statutes.’’ From of death or serious physical injury. None of to be conducted in a way that would spy the ‘‘Presidential Authority to Conduct these exceptions apply to the circumstance upon private communications between Warrantless Electronic Surveillance to described in the USA Today story.’’ From American citizens located within the United Gather Foreign Intelligence Information’’ by page 169, ‘‘George W Bush versus the US Con- States borders as evidenced by the following: the Congressional Research Service on Janu- stitution.’’ Compiled at the direction of Rep- (A) Mark Klein, a retired AT&T commu- ary 5, 2006. resentative John Conyers. nications technician, submitted an affidavit (G) ‘‘The inescapable conclusion is that the According to a May 11, 2006 article in USA in support of the Electronic Frontier Foun- AUMF did not implicitly authorize what the Today by Lesley Cauley ‘‘The National Secu- dation’s FF’s lawsuit against AT&T. He tes- FISA expressly prohibited. It follows that rity Agency has been secretly collecting the tified that in 2003 he connected a ‘‘splitter’’ the presidential program of surveillance at phone call records of tens of millions of that sent a copy of Internet traffic and issue here is a violation of the separation of Americans, using data provided by AT&T, phone calls to a secure room that was oper- powers—as grave an abuse of executive au- Verizon and BellSouth.’’ An unidentified

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.052 H10JNPT1 jbell on PROD1PC69 with HOUSE H5206 CONGRESSIONAL RECORD — HOUSE June 10, 2008 source said ‘The agency’s goal is to create a Political Director Sara Taylor, issued June and elected officials allied with the George database of every call ever made within the 13, 2007 (Taylor appeared but refused to an- W. Bush administration, in order that public nation’s borders.’’ swer questions); confidence in the suitability of such Repub- In early 2001, Qwest CEO Joseph Nacchio A Senate Judiciary Committee subpoena lican Party leaders, candidates and elected rejected a request from the NSA to turn over for documents and testimony of White House officials be bolstered or restored; customers records of phone calls, emails and Deputy Chief of Staff Karl Rove, issued June Threaten to terminate the employment of other Internet activity. Nacchio believed 26, 2007; the following United States Attorneys who that complying with the request would vio- A Senate Judiciary Committee subpoena refused to comply with such directives and late the Telecommunications Act of 1996. for documents and testimony of White House purposes; From National Journal, November 2, 2007. Deputy Political Director J. Scott Jennings, David C. Iglesias as U.S. Attorney for the In all of these actions and decisions, Presi- issued June 26, 2007 (Jennings appeared but District of New Mexico; dent George W. Bush has acted in a manner refused to answer questions); Kevin V. Ryan as U.S. Attorney for the contrary to his trust as President and Com- A Senate Judiciary Committee subpoena Northern District of California; mander in Chief, and subversive of constitu- for legal analysis and other documents con- John L. McKay as U.S. Attorney for the Western District of Washington; tional government, to the prejudice of the cerning the NSA warrantless wiretapping Paul K. Charlton as U.S. Attorney for the cause of law and justice and to the manifest program from the White House, Vice Presi- District of Arizona; injury of the people of the United States. dent Richard Cheney, The Department of Wherefore, President George W. Bush, by Carol C. Lam as U.S. Attorney for the Justice, and the National Security Council. Southern District of California; such conduct, is guilty of an impeachable of- If the documents are not produced, the sub- fense warranting removal from office. Daniel G. Bogden as U.S. Attorney for the poena requires the testimony of White House District of Nevada; ARTICLE XXVI.—ANNOUNCING THE INTENT TO chief of staff Josh Bolten, Attorney General Margaret M. Chiara as U.S. Attorney for VIOLATE LAWS WITH SIGNING STATEMENTS, Alberto Gonzales, Cheney chief of staff David the Western District of Michigan; AND VIOLATING THOSE LAWS Addington, National Security Council execu- Todd Graves as U.S. Attorney for the West- In his conduct while President of the tive director V. Philip Lago, issued June 27, ern District of Missouri; United States, George W. Bush, in violation 2007; Harry E. ‘‘Bud’’ Cummins, III as U.S. At- of his constitutional oath to faithfully exe- A House Oversight and Government Re- torney for the Eastern District of Arkansas; cute the office of President of the United form Committee subpoena for Lt. General Thomas M. DiBiagio as U.S. Attorney for States and, to the best of his ability, pre- Kensinger. the District of Maryland, and; serve, protect, and defend the Constitution In all of these actions and decisions, Presi- Kasey Warner as U.S. Attorney for the of the United States, and in violation of his dent George W. Bush has acted in a manner Southern District of West Virginia. constitutional duty under Article II, Section contrary to his trust as President and Com- Further, George W. Bush has both person- 3 of the Constitution ‘‘to take care that the mander in Chief, and subversive of constitu- ally and acting through his agents and sub- laws be faithfully executed,’’ has used sign- tional government, to the prejudice of the ordinates, together with the Vice President ing statements to claim the right to violate cause of law and justice and to the manifest conspired to obstruct the lawful Congres- sional investigation of these dismissals of acts of Congress even as he signs them into injury of the people of the United States. United States Attorneys and the related law. Wherefore, President George W. Bush, by scheme to undermine and tamper with the In June 2007, the Government Account- such conduct, is guilty of an impeachable of- conduct of free and fair elections, and to cor- ability Office reported that in a sample of fense warranting removal from office. Bush signing statements the office had stud- rupt the administration of justice. ARTICLE XXVIII.—TAMPERING WITH FREE AND ied, for 30 percent of them the Bush adminis- Contrary to his oath faithfully to execute FAIR ELECTIONS, CORRUPTION OF THE ADMIN- tration had already proceeded to violate the the office of President of the United States ISTRATION OF JUSTICE laws the statements claimed the right to vio- and, to the best of his ability, preserve, pro- late. In his conduct while President of the tect, and defend the Constitution of the In all of these actions and decisions, Presi- United States, George W. Bush, in violation United States, and in violation of his con- dent George W. Bush has acted in a manner of his constitutional oath to faithfully exe- stitutional duty to take care that the laws contrary to his trust as President and Com- cute the office of President of the United be faithfully executed, George W. Bush has mander in Chief, and subversive of constitu- States and, to the best of his ability, pre- without lawful cause or excuse directed not tional government, to the prejudice of the serve, protect, and defend the Constitution to appear before the Committee on the Judi- cause of law and justice and to the manifest of the United States, and in violation of his ciary of the House of Representatives certain injury of the people of the United States. constitutional duty under Article II, Section witnesses summoned by duly authorized sub- Wherefore, President George W. Bush, by 3 of the Constitution ‘‘to take care that the poenas issued by that Committee on June 13, such conduct, is guilty of an impeachable of- laws be faithfully executed,’’ has both per- 2007. fense warranting removal from office. sonally and acting through his agents and In refusing to permit the testimony of subordinates, conspired to undermine and these witnesses George W. Bush, substituting ARTICLE XXVII.—FAILING TO COMPLY WITH CON- tamper with the conduct of free and fair his judgment as to what testimony was nec- GRESSIONAL SUBPOENAS AND INSTRUCTING elections, and to corrupt the administration essary for the inquiry, interposed the powers FORMER EMPLOYEES NOT TO COMPLY of justice by United States Attorneys and of the Presidency against the lawful sub- In his conduct while President of the other employees of the Department of Jus- poenas of the House of Representatives, United States, George W. Bush, in violation tice, through abuse of the appointment thereby assuming to himself functions and of his constitutional oath to faithfully exe- power. judgments necessary to the exercise of the cute the office of President of the United Toward this end, the President and Vice checking and balancing power of oversight States and, to the best of his ability, pre- President, both personally and through their vested in the House of Representatives. serve, protect, and defend the Constitution agents, did: Further, the President has both personally of the United States, and in violation of his Engage in a program of manufacturing and acting through his agents and subordi- constitutional duty under Article II, Section false allegations of voting fraud in targeted nates, together with the Vice President di- 3 of the Constitution ‘‘to take care that the jurisdictions where the Democratic Party rected the United States Attorney for the laws be faithfully executed,’’ has both per- enjoyed an advantage in electoral perform- District of Columbia to decline to prosecute sonally and acting through his agents and ance or otherwise was problematic for the for contempt of Congress the aforementioned subordinates, refused to comply with Con- President’s Republican Party, in order that witnesses, Joshua B. Bolten and Harriet E. gressional subpoenas, and instructed former public confidence in election results favor- Miers, despite the obligation to do so as es- employees not to comply with subpoenas. able to the Democratic Party be undermined; tablished by statute (2 U.S.C. § 194) and pur- Subpoenas not complied with include: Direct United States Attorneys to launch suant to the direction of the United States A House Judiciary Committee subpoena for House of Representatives as embodied in its Justice Department papers and Emails, and announce investigations of certain lead- ers, candidates and elected officials affiliated resolution (H. Res. 982) of February 14, 2008. issued April 10, 2007; In all of these actions and decisions, Presi- A House Oversight and Government Re- with the Democratic Party at times cal- culated to cause the most political damage dent George W. Bush has acted in a manner form Committee subpoena for the testimony contrary to his trust as President and Com- of the Secretary of State, issued April 25, and confusion, most often in the weeks im- mediately preceding an election, in order mander in Chief, and subversive of constitu- 2007; tional government, to the prejudice of the A House Judiciary Committee subpoena for that public confidence in the suitability for cause of law and justice and to the manifest the testimony of former White House Coun- office of Democratic Party leaders, can- injury of the people of the United States. sel Harriet Miers and documents, issued didates and elected officials be undermined; Wherefore, President George W. Bush, by June 13, 2007; Direct United States Attorneys to termi- A Senate Judiciary Committee subpoena nate or scale back existing investigations of such conduct, is guilty of an impeachable of- for documents and testimony of White House certain Republican Party leaders, candidates fense warranting removal from office. Chief of Staff Joshua Bolten, issued June 13, and elected officials allied with the George ARTICLE XXIX.—CONSPIRACY TO VIOLATE THE 2007; W. Bush administration, and to refuse to VOTING RIGHTS ACT OF 1965 A Senate Judiciary Committee subpoena pursue new or proposed investigations of cer- In his conduct while President of the for documents and testimony of White House tain Republican Party leaders, candidates United States, George W. Bush, in violation

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.052 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5207 of his constitutional oath to faithfully exe- c. African-American voters in the city of d. Statewide, the provisional ballot rejec- cute the office of President of the United Columbus were forced to wait three to seven tion rate was 9% as compared to the greater States and, to the best of his ability, pre- hours to vote in the 2004 presidential elec- figures in the urban areas. serve, protect, and defend the Constitution tion. D. The Department of Justice, charged of the United States, and in violation of his (ii) Willfully issuing unclear and con- with enforcing the Voting Rights Act of 1965, constitutional duty under Article II, Section flicting rules regarding the methods and the 14th Amendment’s Equal Protection 3 of the Constitution ‘‘to take care that the manner of becoming a legally registered Clause, and other voting rights laws in the laws be faithfully executed,’’ has both per- voter in the State of Ohio, and willfully United States of America, under the direc- sonally and acting through his agents and issuing unclear and unnecessary edicts re- tion and Administration of George W. Bush subordinates, has willfully corrupted and garding the weight of paper registration did willfully and purposely obstruct and manipulated the electoral process of the forms legally acceptable to the State of stonewall legitimate criminal investigations United States for his personal gain and the Ohio, thereby creating confusion for both into myriad cases of reported electoral fraud personal gain of his co-conspirators and al- voters and voting officials and thus impeding and suppression in the state of Ohio. Such lies; has violated the United States Constitu- the right of an unknown number of United activities, carried out by the department on tion and law by failing to protect the civil States citizens to register and vote. behalf of George W. Bush in counties such as rights of African-American voters and others a. Ohio Secretary of State John Kenneth Franklin and Knox by persons such as John in the 2004 Election, and has impeded the Blackwell directed through Advisory 2004–31 K. Tanner and others, were meant to con- right of the people to vote and have their that voter registration forms, which were found and whitewash legitimate legal crimi- greatest in urban minority areas, should not vote properly and accurately counted, in nal investigations into the suppression of be accepted and should be returned unless that: massive numbers of legally registered voters submitted on 80 bond paper weight. A. On November 5, 2002, and prior thereto, and the removal of their right to cast a bal- Blackwell’s own office was found to be using James Tobin, while serving as the regional lot fairly and freely in the state of Ohio, 60 bond paper weight. director of the National Republican Senato- which was crucial to the certified electoral rial Campaign Committee and as the New (iii) Willfully permitted and encouraged election officials in Cleveland, Cincinnati victory of George W. Bush in 2004. England Chairman of Bush-Cheney ’04 Inc., E. On or about November 1, 2006, members did, at the direction of the White House and Toledo to conduct a massive partisan purge of registered voter rolls, eventually of the United States Department of Justice, under the administration of George W. Bush, under the control and direction of the Ad- along with other agents both known and un- expunging more than 300,000 voters, many of whom were duly registered voters, and who ministration of George W. Bush, brought in- known, commit unlawful acts by aiding and dictments for voter registration fraud within abetting a scheme to use computerized hang- were thus deprived of their constitutional right to vote; days of an election, in order to directly ef- up calls to jam phone lines set up by the New fect the outcome of that election for par- Hampshire Democratic Party and the Man- a. Between the 2000 and 2004 Ohio presi- dential elections, 24.93% of the voters in the tisan purposes, and in doing so, thereby vio- chester firefighters’ union on Election Day; lated the Justice Department’s own rules B. An investigation by the Democratic city of Cleveland, a city with a majority of against filing election-related indictments staff of the House Judiciary Committee into African American citizens, were purged from close to an election; the voting procedures in Ohio during the 2004 the voting rolls. b. In that same period, the Ohio county of F. Emails have been obtained showing that election found ‘‘widespread instances of in- Miami, with census data indicating a 98% the Republican National Committee and timidation and misinformation in violation Caucasian population, refused to purge any members of Bush-Cheney ’04 Inc., did, at the of the Voting Rights Act, the Civil Rights voters from its rolls. Miami County direction of the White House under the ad- Act of 1968, Equal Protection, Due Process ‘‘merged’’ voters from other surrounding ministration of George W. Bush, engage in and the Ohio right to vote;’’ counties into its voting rolls and even al- C. The 14th Amendment Equal Protection voter suppression in five states by a method lowed voters from other states to vote. know as ‘‘vote caging,’’ an illegal voter sup- Clause guarantees that no minority group c. In Toledo, Ohio, an urban city with a will suffer disparate treatment in a federal, pression technique; high African-American concentration, 28,000 G. Agents of George W. Bush, including state, or local election in stating that: ‘‘No voters were purged from the voting rolls in Mark F. ‘‘Thor’’ Hearne, the national gen- State shall make or enforce any law which August of 2004, just prior to the presidential eral counsel of Bush/Cheney ’04, Inc., did, at shall abridge the privileges or immunities of election. This purge was conducted under the citizens of the United States; nor shall any the behest of George W. Bush, as members of control and direction of George W. Bush’s a criminal front group, distribute known State deprive any person of life, liberty, or agent, Ohio Secretary of State John Kenneth property, without due process of law; nor false information and propaganda in the Blackwell outside of the regularly estab- hopes of forwarding legislation and other ac- deny to any person within its jurisdiction lished cycle of purging voters in odd-num- the equal protection of the laws.’’ However, tions that would result in the disenfranchise- bered years. ment of Democratic voters for partisan pur- during and at various times of the year 2004, (iv) Willfully allowing Ohio Secretary of John Kenneth Blackwell, then serving as the poses. The scheme, run under the auspices of State John Kenneth Blackwell, acting under an organization known as ‘‘The American Secretary of State for the State of Ohio and color of law and as an agent of George W. Center for Voting Rights’’ (ACVR), was fund- also serving simultaneously as Co-Chairman Bush, to issue a directive that no votes ed by agents of George W. Bush in violation of the Committee to Re-Elect George W. would be counted unless cast in the right of laws governing tax exempt 501(c)3 organi- Bush in the State of Ohio, did, at the direc- precinct, reversing Ohio’s long-standing zations and in violation of federal laws for- tion of the White House under the adminis- practice of counting votes for president if bidding the distribution of such propaganda tration of George W. Bush, along with other cast in the right county. agents both known and unknown, commit (v) Willfully allowing his agent, Ohio Sec- by the federal government and agents work- unlawful acts in violation of the Equal Pro- retary of State John Kenneth Blackwell, the ing on its behalf. H. Members of the United States Depart- tection Clause of the 14th Amendment to the Co-Chair of the Bush-Cheney Re- election ment of Justice, under the control and direc- United States Constitution by failing to pro- Campaign, to do nothing to assure the voting tion of the Administration of George W. tect the voting rights of African-American rights of 10,000 people in the city of Cleve- citizens in Ohio and further, John Kenneth land when a computer error by the private Bush, did, for partisan reasons, illegally and Blackwell did disenfranchise African-Amer- vendor Diebold Election Systems, Inc. incor- with malice aforethought block career attor- ican voters under color of law, by rectly disenfranchised 10,000 voters neys and other officials in the Department of (i) Willfully denying certain neighborhoods (vi) Willfully allowing his agent, Ohio Sec- Justice from filing three lawsuits charging in the cities of Cleveland, Ohio and Colum- retary of State John Kenneth Blackwell, the local and county governments with violating bus, Ohio, along with other urban areas in Co-Chair of the Bush- Cheney Re-election the voting rights of African-Americans and the State of Ohio, an adequate number of Campaign, to ensure that uncounted and pro- other minorities, according to seven former electronic voting machines and provisional visional ballots in Ohio’s 2004 presidential senior United States Justice Department paper ballots, thereby unlawfully impeding election would be disproportionately con- employees. duly registered voters from the act of voting centrated in urban African-American dis- I. Members of the United States Depart- and thus violating the civil rights of an un- tricts. ment of Justice, under the control and direc- known number of United States citizens. a. In Ohio’s Lucas County, which includes tion of the Administration of George W. a. In Franklin County, George W. Bush and Toledo, 3,122 or 41.13% of the provisional bal- Bush, did illegally and with malice his agent, Ohio Secretary of State John Ken- lots went uncounted under the direction of aforethought derail at least two investiga- neth Blackwell, Co-Chair of the Bush-Cheney George W. Bush’s agent, the Secretary of tions into possible voter discrimination, ac- Re-election Campaign, failed to protect the State of Ohio, John Kenneth Blackwell, Co- cording to a letter sent to the Senate Rules rights of African-American voters by not Chair of the Committee to Re-Elect Bush/ and Administration Committee and written properly investigating the withholding of 125 Cheney in Ohio. by former employees of the United States electronic voting machines assigned to the b. In Ohio’s Cuyahoga County, which in- Department of Justice, Voting Rights Sec- city of Columbus. cludes Cleveland, 8,559 or 32.82% of the provi- tion. b. Forty-two African-American precincts sional ballots went uncounted. J. Members of the United States Election in Columbus were each missing one voting c. In Ohio’s Hamilton County, which in- Assistance Commission (EAC), under the machine that had been present in the 2004 cludes Cincinnati, 3,529 or 24.23% of the pro- control and direction of the Administration primary. visional ballots went uncounted. of George W. Bush, have purposefully and

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.053 H10JNPT1 jbell on PROD1PC69 with HOUSE H5208 CONGRESSIONAL RECORD — HOUSE June 10, 2008 willfully misled the public, in violation of care Part D benefit without cost controls by scientists for years, and yet the Bush Ad- several laws, by; which allowed pharmaceutical companies to ministration has denied this science and re- (i) Withholding from the public and then gouge the American taxpayers for the price stricted such information from official re- altering a legally mandated report on the of prescription drugs. ports, publications, and the National Oceanic true measure and threat of Voter Fraud, as The President created, manipulated, and and Atmospheric Agency’s website. Donald commissioned by the EAC and completed in disseminated information given to the citi- Kennedy, editor-in-chief of Science, wrote in June 2006, prior to the 2006 mid-term elec- zens and Congress of the United States in 2006 that ‘‘hurricane intensity has increased tion, but withheld from release prior to that support of his prescription drug plan for with oceanic surface temperatures over the election when its information would have Medicare that enriched drug companies past 30 years. The physics of hurricane inten- been useful in the administration of elec- while failing to save beneficiaries sufficient sity growth . . . has clarified and explained tions across the country, because the results money on their prescription drugs. He misled the thermodynamic basis for these observa- of the statutorily required and tax-payer Congress and the American people into tions. [Kerry] Emanuel has tested this rela- funded report did not conform with the ille- thinking the cost of the benefit was $400 bil- tionship and presented convincing evidence.’’ gal, partisan propaganda efforts and politi- lion. It was widely understood that if the FEMA’s 2001 list of the top three most cized agenda of the Bush Administration; cost exceeded that amount, the bill would likely and most devastating disasters were a (ii) Withholding from the public a legally not pass due to concerns about fiscal irre- San Francisco earthquake, a terrorist attack mandated report on the disenfranchising ef- sponsibility. on New York, and a Category 4 hurricane fect of Photo Identification laws at the poll- A Medicare Actuary who possessed infor- hitting New Orleans, with New Orleans being the number one item on that list. FEMA ing place, shown to disproportionately dis- mation regarding the true cost of the plan, conducted a five-day hurricane simulation enfranchise voters not of George W. Bush’s $539 billion, was instructed by the Medicare exercise in 2004, ‘‘Hurricane Pam,’’ mim- political party. The report was commis- Administrator to deny Congressional re- icking a Katrina-like event. This exercise sioned by the EAC and completed in June quests for it. The Actuary was threatened with sanctions if the information was dis- combined the National Weather Service, the 2006, prior to the 2006 mid-term election, but U.S. Army Corps of Engineers, the LSU Hur- withheld from release prior to that election closed to Congress, which, unaware of the in- formation, approved the bill. Despite the fact ricane Center and other state and federal when its information would have been useful agencies, resulting in the development of in the administration of elections across the that official cost estimates far exceeded $400 billion, President Bush offered assurances to emergency response plans. The exercise dem- country onstrated, among other things, that thou- (iii) Withholding from the public a legally Congress that the cost was $400 billion, when his office had information to the contrary. In sands of mainly indigent New Orleans resi- mandated report on the effectiveness of Pro- dents would be unable to evacuate on their visional Voting as commissioned by the EAC the House of Representatives, the bill passed by a single vote and the Conference Report own. They would need substantial govern- and completed in June 2006, prior to the 2006 ment assistance. These plans, however, were mid-term election, but withheld from release passed by only 5 votes. The White House knew the actual cost of the drug benefit was not implemented in part due to the Presi- prior to that election when its information dent’s slashing of funds for protection. In the would have been useful in the administration high enough to prevent its passage. Yet the White House concealed the truth and im- year before Hurricane Katrina hit, the Presi- of elections across the country, and keeping peded an investigation into its culpability. dent continued to cut budgets and deny that report unreleased for more than a year In all of these actions and decisions, Presi- grants to the Gulf Coast. In June of 2004 the until it was revealed by independent media dent George W. Bush has acted in a manner Army Corps of Engineers levee budget for outlets. contrary to his trust as President and Com- New Orleans was cut, and it was cut again in For directly harming the rights and man- mander in Chief, and subversive of constitu- June of 2005, this time by $71.2 million or a ner of suffrage, for suffering to make them tional government, to the prejudice of the whopping 44% of the budget. As a result, secret and unknowable, for overseeing and cause of law and justice and to the manifest ACE was forced to suspend any repair work participating in the disenfranchisement of injury of the people of the United States. on the levees. In 2004 FEMA denied a Lou- legal voters, for instituting debates and Wherefore, President George W. Bush, by isiana disaster mitigation grant request. doubts about the true nature of elections, all such conduct, is guilty of an impeachable of- The President was given multiple warnings against the will and consent of local voters fense warranting removal from office. that Hurricane Katrina had a high likelihood affected, and forced through threats of liti- of causing serious damage to New Orleans ARTICLE XXXI.—KATRINA: FAILURE TO PLAN gation by agents and agencies overseen by and the Gulf Coast. At 10 AM on Sunday 28 FOR THE PREDICTED DISASTER OF HURRICANE George W. Bush, the actions of Mr. Bush to August 2005, the day before the storm hit, KATRINA, FAILURE TO RESPOND TO A CIVIL do the opposite of securing and guaranteeing the National Weather Service published an EMERGENCY the right of the people to alter or abolish alert titled ‘‘DEVASTATING DAMAGE EX- their government via the electoral process, In his conduct while President of the PECTED.’’ Printed in all capital letters, the being a violation of an inalienable right, and United States, George W. Bush, in violation alert stated that ‘‘MOST OF THE AREA an immediate threat to Liberty. of his constitutional oath to faithfully exe- WILL BE UNINHABITABLE FOR WEEKS In all of these actions and decisions, Presi- cute the office of President of the United . . . PERHAPS LONGER. AT LEAST ONE dent George W. Bush has acted in a manner States and, to the best of his ability, pre- HALF OF WELL CONSTRUCTED HOMES contrary to his trust as President and Com- serve, protect, and defend the Constitution WILL HAVE ROOF AND WALL FAILURE. mander in Chief, and subversive of constitu- of the United States, and in violation of his . . . POWER OUTAGES WILL LAST FOR tional government, to the prejudice of the constitutional duty under Article II, Section WEEKS. . . . WATER SHORTAGES WILL cause of law and justice and to the manifest 3 of the Constitution ‘‘to take care that the MAKE HUMAN SUFFERING INCREDIBLE injury of the people of the United States. laws be faithfully executed’’, has both per- BY MODERN STANDARDS.’’ Wherefore, President George W. Bush, by sonally and acting through his agents and The Homeland Security Department also such conduct, is guilty of an impeachable of- subordinates, failed to take sufficient action briefed the President on the scenario, warn- fense warranting removal from office. to protect life and property prior to and in ing of levee breaches and severe flooding. Ac- the face of Hurricane Katrina in 2005, given cording to the New York Times, ‘‘a Home- ARTICLE XXX.—MISLEADING CONGRESS AND THE decades of foreknowledge of the dangers of land Security Department report submitted AMERICAN PEOPLE IN AN ATTEMPT TO DE- storms to New Orleans and specific fore- to the White House at 1:47 a.m. on Aug. 29, STROY MEDICARE warning in the days prior to the storm. The hours before the storm hit, said, ‘Any storm In his conduct while President of the President failed to prepare for predictable rated Category 4 or greater will likely lead United States, George W. Bush, in violation and predicted disasters, failed to respond to to severe flooding and/or levee breaching.’’’ of his constitutional oath to faithfully exe- an immediate need of which he was in- These warnings clearly contradict the state- cute the office of President of the United formed, and has subsequently failed to re- ments made by President Bush immediately States and, to the best of his ability, pre- build the section of our nation that was de- after the storm that such devastation could serve, protect, and defend the Constitution stroyed. not have been predicted. On 1 September 2005 of the United States, and in violation of his Hurricane Katrina killed at least 1,282 peo- the President said ‘‘I don’t think anyone an- constitutional duty under Article II, Section ple, with 2 million more displaced. 302,000 ticipated the breach of the levees.’’ 3 of the Constitution ‘‘to take care that the housing units were destroyed or damaged by The President’s response to Katrina via laws be faithfully executed’’, has both per- the hurricane, 71% of these were low-income FEMA and DHS was criminally delayed, in- sonally and acting through his agents and units. More than 500 sewage plants were de- different, and inept. The only FEMA em- subordinates, together with the Vice Presi- stroyed, more than 170 point-source leakages ployee posted in New Orleans in the imme- dent, pursued policies which deliberately of gasoline, oil, or natural gas, more than diate aftermath of Hurricane Katrina, Marty drained the fiscal resources of Medicare by 2000 gas stations submerged, several chem- Bahamonde, emailed head of FEMA Michael forcing it to compete with subsidized private ical plants, 8 oil refineries, and a superfund Brown from his Blackberry device on August insurance plans which are allowed to arbi- site was submerged. 8 million gallons of oil 31, 2005 regarding the conditions. The email trarily select or not select those they will were spilled. Toxic materials seeped into was urgent and detailed and indicated that cover; failing to provide reasonable levels of floodwaters and spread through much of the ‘‘The situation is past critical . . . Estimates reimbursements to Medicare providers, city and surrounding areas. are many will die within hours.’’ Brown’s thereby discouraging providers from partici- The predictable increased strength of hur- reply was emblematic of the administra- pating in the program, and designing a Medi- ricanes such as Katrina has been identified tion’s entire response to the catastrophe:

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.053 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5209 ‘‘Thanks for the update. Anything specific I ages due to decreases in net global agricul- reelection of Dr. Robert Watson as the IPCC need to do or tweak?’’ The Secretary of tural production 2) Decreased availability Chair. The White House then supported an Homeland Security, Michael Chertoff, did and quality of fresh water in key regions due opposition candidate, who was subsequently not declare an emergency, did not mobilize to shifted precipitation patters, causing elected to replace Dr. Watson. the federal resources, and seemed to not even more frequent floods and droughts 3) Dis- 2. The New York Times on January 29, 2006, know what was happening on the ground rupted access to energy supplies due to ex- reported that James Hansen, NASA’s senior until reporters told him. tensive sea ice and storminess.’’ climate scientist was warned of ‘‘dire con- On Friday August 26, 2005, Governor Kath- 4. A December 2004 paper in Science re- sequences’’ if he continued to speak out leen Blanco declared a State of Emergency viewed 928 studies published in peer reviewed about global climate change and the need for in Louisiana and Governor Haley Barbour of journals to determine the number providing reducing emissions of associated gasses. The Mississippi followed suit the next day. Also evidence against the existence of a link be- Times also reported that: ‘‘At climate lab- on that Saturday, Governor Blanco asked tween anthropogenic emissions of carbon di- oratories of the National Oceanic and At- the President to declare a Federal State of oxide and climate change. ‘‘Remarkably, mospheric Administration, for example, Emergency, and on 28 August 2005, the Sun- none of the papers disagreed with the con- many scientists who routinely took calls day before the storm hit, Mayor Nagin de- sensus position.’’ from reporters five years ago can now do so clared a State of Emergency in New Orleans. 5. The November 2007 Inter-Governmental only if the interview is approved by adminis- This shows that the local authorities, re- Panel on Climate Change (IPCC) Fourth As- tration officials in Washington, and then sponding to federal warnings, knew how bad sessment Report showed that global anthro- only if a public affairs officer is present or on the destruction was going to be and antici- pogenic emissions of greenhouse gasses have the phone.’’ pated being overwhelmed. Failure to act increased 70% between 1970 and 2004, and an- 3. In December of 2007, the House Com- under these circumstances demonstrates thropogenic emissions are very likely the mittee on Oversight and Government Reform gross negligence. cause of global climate change. The report issued a report based on 16 months of inves- In all of these actions and decisions, Presi- concluded that global climate change could tigation and 27,000 pages of documentation. dent George W. Bush has acted in a manner cause the extinction of 20 to 30 percent of According to the summary: ‘‘The evidence contrary to his trust as President and Com- species in unique ecosystems such as the before the Committee leads to one inescap- mander in Chief, and subversive of constitu- polar areas and biodiversity hotspots, in- able conclusion: the Bush Administration tional government, to the prejudice of the crease extreme weather events especially in has engaged in a systematic effort to manip- cause of law and justice and to the manifest the developing world, and have adverse ef- ulate climate change science and mislead policy makers and the public about the dan- injury of the people of the United States. fects on food production and fresh water gers of global warming.’’ The report de- Wherefore, President George W. Bush, by availability. scribed how the White House appointed such conduct, is guilty of an impeachable of- The President has done little to address former petroleum industry lobbyist Phil fense warranting removal from office. this most serious of problems, thus consti- tuting an abuse of power and criminal ne- Cooney as head of the Council on Environ- ARTICLE XXXII.—MISLEADING CONGRESS AND glect. He has also actively endeavored to un- mental Quality. The report states ‘‘There THE AMERICAN PEOPLE, SYSTEMATICALLY UN- dermine efforts by the federal government, was a systematic White House effort to mini- DERMINING EFFORTS TO ADDRESS GLOBAL CLI- states, and other nations to take action on mize the significance of climate change by MATE CHANGE their own. editing climate change reports. CEQ Chief of In his conduct while President of the 1. In March 2001, President Bush announced Staff Phil Cooney and other CEQ officials United States, George W. Bush, in violation the U.S. would not be pursuing ratification made at least 294 edits to the Administra- of his constitutional oath to faithfully exe- of the Kyoto Protocol, an international ef- tion’s Strategic Plan of the Climate Change cute the office of President of the United fort to reduce greenhouse gasses. The United Science Program to exaggerate or emphasize States and, to the best of his ability, pre- States is the only industrialized nation that scientific uncertainties or to de-emphasize serve, protect, and defend the Constitution has failed to ratify the accord. or diminish the importance of the human of the United States, and in violation of his 2. In March of 2008, Representative Henry role in global warming.’’ constitutional duty under Article II, Section Waxman wrote to EPA Administrator Ste- 4. On April 23, 2008, Representative Henry 3 of the Constitution ‘‘to take care that the phen Johnson: ‘‘In August 2003, the Bush Ad- Waxman wrote a letter to EPA Adminis- laws be faithfully executed’’, has both per- ministration denied a petition to regulate trator Stephen L Johnson. In it he reported: sonally and acting through his agents and CO emissions from motor vehicles by decid- ‘‘Almost 1,600 EPA scientists completed the 2 Union of Concerned Scientists survey ques- subordinates, together with the Vice Presi- ing that CO2 was not a pollutant under the dent, ignored the peril to life and property Clean Air Act. In April 2007, the U.S. Su- tionnaire. Over 22 percent of these scientists posed by global climate change, manipulated preme Court overruled that determination in reported that ‘selective or incomplete use of scientific information and mishandled pro- Massachusetts v. EPA. The Supreme Court data to justify a specific regulatory out- tective policy, constituting nonfeasance and wrote that ‘If EPA makes a finding of come’ occurred ‘frequently’ or ‘occasionally’ malfeasance in office, abuse of power, dere- endangerment, the Clean Air Act requires at EPA. Ninety-four EPA scientists reported being frequently or occasionally directed to liction of duty, and deception of Congress the agency to regulate emissions of the dele- inappropriately exclude or alter technical in- and the American people. terious pollutant from new motor vehicles.’ formation from an EPA scientific document. President Bush knew the expected effects The EPA then conducted an extensive inves- Nearly 200 EPA scientists said that they of climate change and the role of human ac- tigation involving 60–70 staff who concluded have frequently or occasionally been in situ- tivities in driving climate change. This that ‘CO emissions endanger both human 2 ations in which scientists have actively ob- knowledge preceded his first Presidential health and welfare.’ These findings were sub- jected to, resigned from or removed them- term. mitted to the White House, after which work selves from a project because of pressure to 1. During his 2000 Presidential campaign, on the findings and the required regulations change scientific findings.’’ he promised to regulate carbon dioxide emis- was halted.’’ In all of these actions and decisions, Presi- sions. 3. A Memo to Members of the Committee dent George W. Bush has acted in a manner 2. In 2001, the Intergovernmental Panel on on Oversight and Government Reform on contrary to his trust as President and sub- Climate Change, a global body of hundreds of May 19, 2008 stated ‘‘The record before the versive of constitutional government, to the the world’s foremost experts on climate Committee shows: (1) the career staff at EPA prejudice of the cause of law and justice and change, concluded that ‘‘most of observed unanimously supported granting California’s to the manifest injury of the people of the warming over last 50 years (is) likely due to petition (to be allowed to regulate green- United States. Wherefore, President George increases in greenhouse gas concentrations house gas emissions from cars and trucks, W. Bush, by such conduct, is guilty of an im- due to human activities.’’ The Third Assess- consistent with California state law); (2) Ste- peachable offense warranting removal from ment Report projected several effects of cli- phen Johnson, the Administrator of EPA, office. mate change such as continued ‘‘widespread also supported granting California’s petition retreat’’ of glaciers, an ‘‘increase threats to at least in part; and (3) Administrator John- ARTICLE XXXIII.—REPEATEDLY IGNORED AND human health, particularly in lower income son reversed his position after communica- FAILED TO RESPOND TO HIGH LEVEL INTEL- populations, predominantly within tropical/ tions with officials in the White House.’’ LIGENCE WARNINGS OF PLANNED TERRORIST subtropical countries,’’ and ‘‘water short- The President has suppressed the release of ATTACKS IN THE US, PRIOR TO 911 ages.’’ scientific information related to global cli- In his conduct while President of the 3. The grave danger to national security mate change, an action which undermines United States, George W. Bush, in violation posed by global climate change was recog- Congress’ ability to legislate and provide of his constitutional oath to faithfully exe- nized by the Pentagon’s Defense Advanced oversight, and which has thwarted efforts to cute the office of President of the United Planning Research Projects Agency in Octo- prevent global climate change despite the se- States and, to the best of his ability, pre- ber of 2003. An agency-commissioned report rious threat that it poses. serve, protect, and defend the Constitution ‘‘explores how such an abrupt climate 1. In February, 2001, ExxonMobil wrote a of the United States, and in violation of his change scenario could potentially de-sta- memo to the White House outlining ways to constitutional duty under Article II, Section bilize the geo-political environment, leading influence the outcome of the Third Assess- 3 of the Constitution ‘‘to take care that the to skirmishes, battles, and even war due to ment report by the Intergovernmental Panel laws be faithfully executed’’, has both per- resource constraints such as: 1) Food short- on Climate Change. The memo opposed the sonally and acting through his agents and

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.053 H10JNPT1 jbell on PROD1PC69 with HOUSE H5210 CONGRESSIONAL RECORD — HOUSE June 10, 2008 subordinates, together with the Vice Presi- ment, the intelligence briefing delivered to Testifying before the 9/11 Commission on dent, failed in his Constitutional duties to President Bush in August 2001 spells out the April 14, 2004, Tenet answered a question take proper steps to protect the nation prior who, hints at the what and points towards from Commission member Timothy Roemer to September 11, 2001. the where of the terrorist attacks on New by referring to the president’s vacation (July The White House’s top counter-terrorism York and Washington that followed 36 days 29–August 30) in Crawford and insisting that adviser, Richard A. Clarke, has testified that later.’’ he did not see the president at all in August from the beginning of George W. Bush’s pres- Eleanor Hill, Executive Director of the 2001. ‘‘You never talked with him?’’ Roemer idency until September 11, 2001, Clarke at- joint congressional committee investigating asked. ‘‘No,’’ Tenet replied, explaining that tempted unsuccessfully to persuade Presi- the performance of the U.S. intelligence for much of August he too was ‘‘on leave.’’ dent Bush to take steps to protect the nation community before September 11, 2001, re- An Agency spokesman called reporters that against terrorism. Clarke sent a memo- ported in mid-September 2002 that intel- same evening to say Tenet had misspoken, randum to then-National Security Advisor ligence reports a year earlier ‘‘reiterated a and that Tenet had briefed Bush on August Condoleezza Rice on January 24, 2001, ‘‘ur- consistent and constant theme: Osama bin 17 and 31. The spokesman explained that the gently’’ but unsuccessfully requesting ‘‘a Laden’s intent to launch terrorist attacks second briefing took place after the presi- Cabinet-level meeting to deal with the im- inside the United States.’’ dent had returned to Washington, and played pending al Qaeda attack.’’ That joint inquiry revealed that just two down the first one, in Crawford, as unevent- In April 2001, Clarke was finally granted a months before September 11, an intelligence ful. meeting, but only with second-in-command briefing for ‘‘senior government officials’’ In his book, At the Center of the Storm, (2007) Tenet refers to what is almost cer- department representatives, including Dep- predicted a terrorist attack with these tainly his August 17 visit to Crawford as a uty Secretary of Defense Paul Wolfowitz, words: ‘‘The attack will be spectacular and follow-up to the ‘‘Bin Laden Determined to who made light of Clarke’s concerns. designed to inflict mass casualties against Clarke confirms that in June, July, and Strike in the U.S.’’ article in the CIA-pre- U.S. facilities or interests. Attack prepara- August 2001, the Central Intelligence Agency pared President’s Daily Brief of August 6. tions have been made. Attack will occur (CIA) warned the president in daily briefings That briefing was immortalized in a Time with little or no warning.’’ of unprecedented indications that a major al Magazine photo capturing Harriet Myers Given the White House’s insistence on se- Qaeda attack was going to happen against holding the PDB open for the president, as crecy with regard to what intelligence was the United States somewhere in the world in two CIA officers sit by. It is the same brief- given to President Bush, the joint-inquiry the weeks and months ahead. Yet, Clarke ing to which the president reportedly reacted report does not divulge whether he took part was still unable to convene a cabinet-level by telling the CIA briefer, ‘‘All right, you’ve in that briefing. Even if he did not, it strains meeting to address the issue. covered your ass now.’’ (Ron Suskind, The Condoleezza Rice has testified that George credulity to suppose that those ‘‘senior gov- One-Percent Doctrine, p. 2, 2006). In At the Tenet met with the president 40 times to ernment officials’’ would have kept its Center of the Storm, Tenet writes: ‘‘A few warn him that a major al-Qaeda attack was alarming substance from the president. weeks after the August 6 PDB was delivered, going to take place, and that in response the Again, there is no evidence that the presi- I followed it to Crawford to make sure that president did not convene any meetings of dent held any meetings or took any action to the president stayed current on events.’’ top officials. At such meetings, the FBI deal with the threats of such attacks. A White House press release suggests could have shared information on possible In all of these actions and decisions, Presi- Tenet was also there a week later, on August terrorists enrolled at flight schools. Among dent George W. Bush has acted in a manner 24. According to the August 25, 2001, release, the many preventive steps that could have contrary to his trust as President, and sub- President Bush, addressing a group of visi- been taken, the Federal Aviation Adminis- versive of constitutional government, to the tors to Crawford on August 25, told them: tration, airlines, and airports might have prejudice of the cause of law and justice and ‘‘George Tenet and I, yesterday, we piled in been put on full alert. to the manifest injury of the people of the the new nominees for the Chairman of the According to Condoleezza Rice, the first United States. Wherefore, President George Joint Chiefs, the Vice Chairman and their and only cabinet-level meeting prior to 9/11 W. Bush, by such conduct, is guilty of an im- wives and went right up the canyon.’’ to discuss the threat of terrorist attacks peachable offense warranting removal from In early February 2002, Vice President took place on September 4, 2001, one week office. Dick Cheney warned then-Senate Majority before the attacks in New York and Wash- ARTICLE XXXIV.—OBSTRUCTION OF INVESTIGA- Leader Tom Daschle that if Congress went ington. TION INTO THE ATTACKS OF SEPTEMBER 11, 2001 ahead with an investigation, administration On August 6, 2001, President Bush was pre- In his conduct while President of the officials might not show up to testify. As sented a President’s Daily Brief (PDB) arti- United States, George W. Bush, in violation pressure grew for an investigation, the presi- cle titled ‘‘Bin Laden Determined to Strike of his constitutional oath to faithfully exe- dent and vice president agreed to the estab- in U.S.’’ The lead sentence of that PDB arti- cute the office of President of the United lishment of a congressional joint committee cle indicated that Bin Laden and his fol- States and, to the best of his ability, pre- to conduct a ‘‘Joint Inquiry.’’ Eleanor Hill, lowers wanted to ‘‘follow the example of serve, protect, and defend the Constitution Executive Director of the Inquiry, opened World Trade Center bomber Ramzi Yousef the Joint Inquiry’s final public hearing in of the United States, and in violation of his and ‘bring the fighting to America.’’’ The ar- mid-September 2002 with the following dis- constitutional duty under Article II, Section ticle warned: ‘‘Al-Qa’ida members—including claimer: ‘‘I need to report that, according to 3 of the Constitution ‘‘to take care that the some who are U.S. citizens—have resided in the White House and the Director of Central laws be faithfully executed’’, has both per- or traveled to the US for years, and the Intelligence, the president’s knowledge of in- sonally and acting through his agents and group apparently maintains a support struc- telligence information relevant to this in- subordinates, together with the Vice Presi- ture that could aid attacks.’’ quiry remains classified, even when the sub- dent, obstructed investigations into the at- The article cited a ‘‘more sensational stance of the intelligence information has tacks on the World Trade Center and Pen- threat reporting that Bin Laden wanted to been declassified.’’ hijack a US aircraft,’’ but indicated that the tagon on September 11, 2001. The National Commission on Terrorist At- CIA had not been able to corroborate such Following September 11, 2001, President tacks, also known as the 9/11 Commission, reporting. The PDB item included informa- Bush and Vice President Cheney took strong was created on November 27, 2002, following tion from the FBI indicating ‘‘patterns of steps to thwart any and all proposals that the passage of congressional legislation suspicious activity in this country con- the circumstances of the attack be ad- signed into law by President Bush. The sistent with preparations for hijackings or dressed. Then-Secretary of State Colin Pow- President was asked to testify before the other types of attacks, including recent sur- ell was forced to renege on his public prom- Commission. He refused to testify except for veillance of federal buildings in New York.’’ ise on September 23 that a ‘‘White Paper’’ one hour in private with only two Commis- The article also noted that the CIA and FBI would be issued to explain the cir- sion members, with no oath administered, were investigating ‘‘a call to our embassy in cumstances. Less than two weeks after that with no recording or note taking, and with the UAE in May saying that a group of Bin promise, Powell apologized for his ‘‘unfortu- the Vice President at his side. Commission Laden supporters was in the US planning at- nate choice of words,’’ and explained that Co-Chair Lee Hamilton has written that he tacks with explosives.’’ Americans would have to rely on ‘‘informa- believes the commission was set up to fail, The president spent the rest of August 6, tion coming out in the press and in other was underfunded, was rushed, and did not re- and almost all the rest of August 2001 on va- ways.’’ ceive proper cooperation and access to infor- cation. There is no evidence that he called On Sept. 26, 2001, President Bush drove to mation. any meetings of his advisers to discuss this Central Intelligence Agency (CIA) head- A December 2007 review of classified docu- alarming report. When the title and sub- quarters in Langley, Virginia, stood with Di- ments by former members of the Commis- stance of this PDB article were later re- rector of Central Intelligence George Tenet sion found that the commission had made re- ported in the press, then-National Security and said: ‘‘My report to the nation is, we’ve peated and detailed requests to the CIA in Adviser Condoleezza Rice began a sustained got the best intelligence we can possibly 2003 and 2004 for documents and other infor- campaign to play down its significance, until have thanks to the men and women of the mation about the interrogation of operatives the actual text was eventually released by C.I.A.’’ George Tenet subsequently and false- of Al Qaeda, and had been told falsely by a the White House. ly claimed not to have visited the president top C.I.A. official that the agency had ‘‘pro- New York Times writer Douglas Jehl, put personally between the start of Bush’s long duced or made available for review’’ every- it this way: ‘‘In a single 17-sentence docu- Crawford vacation and September 11, 2001. thing that had been requested.

VerDate Aug 31 2005 06:10 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.053 H10JNPT1 jbell on PROD1PC69 with HOUSE June 10, 2008 CONGRESSIONAL RECORD — HOUSE H5211 In all of these actions and decisions, Presi- In the cleanup of the Pentagon following will be postponed as though under dent George W. Bush has acted in a manner September 11, 2001, Occupational Safety and clause 8(a)(1)(A) of rule XX. contrary to his trust as President, and sub- Health Administration laws were enforced, versive of constitutional government, to the and no workers became ill. At the World f prejudice of the cause of law and justice and Trade Center site, the same laws were not LEAVE OF ABSENCE to the manifest injury of the people of the enforced. United States. Wherefore, President George In the years since the release of the EPA By unanimous consent, leave of ab- W. Bush, by such conduct, is guilty of an im- Inspector General’s above-cited report, the sence was granted to: peachable offense warranting removal from Bush Administration has still not effected a Mr. BRALEY of Iowa (at the request of office. clean-up of the indoor air in apartments and Mr. HOYER) for today after 2 p.m. on ARTICLE XXXV.—ENDANGERING THE HEALTH OF workspaces near the site. account of flooding in district. Screenings conducted at the Mount Sinai 9/11 FIRST RESPONDERS Mr. CUMMINGS (at the request of Mr. Medical Center and released in the Sep- In his conduct while President of the tember 10, 2004, Morbidity and Mortality HOYER) for today until 2 p.m. United States, George W. Bush, in violation Weekly Report (MMWR) of the federal Cen- Mr. MEEK of Florida (at the request of his constitutional oath to faithfully exe- ters For Disease Control and Prevention of Mr. HOYER) for today. cute the office of President of the United (CDC), produced the following results: f States and, to the best of his ability, pre- ‘‘Both upper and lower respiratory prob- serve, protect, and defend the Constitution lems and mental health difficulties are wide- SPECIAL ORDERS GRANTED of the United States, and in violation of his spread among rescue and recovery workers By unanimous consent, permission to constitutional duty under Article II, Section who dug through the ruins of the World 3 of the Constitution ‘‘to take care that the address the House, following the legis- Trade Center in the days following its de- lative program and any special orders laws be faithfully executed’’, has both per- struction in the attack of September 11, 2001. sonally and acting through his agents and ‘‘An analysis of the screenings of 1,138 heretofore entered, was granted to: subordinates, together with the Vice Presi- workers and volunteers who responded to the (The following Members (at the re- dent, recklessly endangered the health of World Trade Center disaster found that near- quest of Ms. WOOLSEY) to revise and ex- first responders, residents, and workers at ly three-quarters of them experienced new or tend their remarks and include extra- and near the former location of the World worsened upper respiratory problems at neous material:) Trade Center in New York City. some point while working at Ground Zero. Mr. CUMMINGS, for 5 minutes, today. The Inspector General of the Environ- And half of those examined had upper and/or Ms. WOOLSEY, for 5 minutes, today. mental Protection Agency (EPA) August 21, lower respiratory symptoms that persisted 2003, report numbered 2003–P–00012 and enti- up to the time of their examinations, an av- Mr. DEFAZIO, for 5 minutes, today. tled ‘‘EPA’s Response to the World Trade erage of eight months after their WTC ef- Ms. KAPTUR, for 5 minutes, today. Center Collapse: Challenges, Successes, and forts ended.’’ Mr. WEINER, for 5 minutes, today. Areas for Improvement,’’ includes the fol- A larger study released in 2006 found that Mr. GEORGE MILLER of California, for lowing findings: roughly 70 percent of nearly 10,000 workers 5 minutes, today. ‘‘[W] hen EPA made a September 18 an- tested at Mount Sinai from 2002 to 2004 re- (The following Members (at the re- nouncement that the air was ‘safe’ to ported that they had new or substantially quest of Mr. MORAN of Kansas) to re- breathe, it did not have sufficient data and worsened respiratory problems while or after analyses to make such a blanket statement. working at ground zero. This study showed vise and extend their remarks and in- At that time, air monitoring data was lack- that many of the respiratory ailments, in- clude extraneous material:) ing for several pollutants of concern, includ- cluding sinusitis and asthma, and gastro- Mr. BROUN of Georgia, for 5 minutes, ing particulate matter and polychlorinated intestinal problems related to them, ini- today. biphenyls (PCBs). Furthermore, The White tially reported by ground zero workers per- Mr. POE, for 5 minutes, June 17. House Council on Environmental Quality sisted or grew worse over time. Most of the Mr. JONES of North Carolina, for 5 (CEQ) influenced, through the collaboration ground zero workers in the study who re- minutes, June 17. process, the information that EPA commu- ported trouble breathing while working Mr. BURTON of Indiana, for 5 minutes, nicated to the public through its early press there were still having those problems two releases when it convinced EPA to add reas- and a half years later, an indication of today, June 11 and 12. suring statements and delete cautionary chronic illness unlikely to improve over Ms. FOXX, for 5 minutes, today and ones. time. June 11. ‘‘As a result of the White House CEQ’s in- In all of these actions and decisions, Presi- Mr. MCCOTTER, for 5 minutes, June fluence, guidance for cleaning indoor spaces dent George W. Bush has acted in a manner 11. and information about the potential health contrary to his trust as President, and sub- Mr. BURGESS, for 5 minutes, today. effects from WTC debris were not included in versive of constitutional government, to the Mr. HUNTER, for 5 minutes, today. EPA-issued press releases. In addition, based prejudice of the cause of law and justice and Mr. FRANKS of Arizona, for 5 minutes, on CEQ’s influence, reassuring information to the manifest injury of the people of the was added to at least one press release and United States. Wherefore, President George today, June 11 and 12. cautionary information was deleted from W. Bush, by such conduct, is guilty of an im- Mr. PRICE of Georgia, for 5 minutes, EPA’s draft version of that press release . . . peachable offense warranting removal from today. The White House’s role in EPA’s public com- office. (The following Member (at her re- munications about WTC environmental con- The SPEAKER pro tempore (Ms. SUT- quest) to revise and extend her re- ditions was described in a September 12, 2001, TON). The resolution qualifies. marks and include extraneous mate- e-mail from the EPA Deputy Administrator’s Under the previous order of the Chief of Staff to senior EPA officials: rial:) ‘‘ ‘All statements to the media should be House of June 10, the previous question Ms. JACKSON-LEE of Texas, for 5 min- cleared through the NSC [National Security is ordered without intervening motion utes, today. Council] before they are released.’ except one motion to refer. f ‘‘According to the EPA Chief of Staff, one MOTION TO REFER OFFERED BY MR. KUCINICH particular CEQ official was designated to Mr. KUCINICH. Madam Speaker, I ADJOURNMENT work with EPA to ensure that clearance was move that the House refer the im- Mr. KUCINICH. Madam Speaker, I obtained through NSC. The Associate Ad- peachment resolution to the Com- move that the House do now adjourn. ministrator for the EPA Office of Commu- nications, Education, and Media Relations mittee on the Judiciary. The motion was agreed to; accord- (OCEMR) said that no press release could be The SPEAKER pro tempore. The ingly (at 12 o’clock and 12 minutes issued for a 3- to 4-week period after Sep- question is on the motion to refer. a.m.), the House adjourned until today, tember 11 without approval from the CEQ The question was taken. Wednesday, June 11, 2008, at 10 a.m. contact.’’ The SPEAKER pro tempore. In the f Acting EPA Administrator Marianne opinion of the Chair, the noes have it. Horinko, who sat in on EPA meetings with Mr. KUCINICH. Madam Speaker, I EXECUTIVE COMMUNICATIONS, the White House, has said in an interview object to the vote on the ground that a ETC. that the White House played a coordinating quorum is not present and make the Under clause 8 of rule XII, executive role. The National Security Council played the key role, filtering incoming data on point of order that a quorum is not communications were taken from the ground zero air and water, Horinko said: ‘‘I present. Speaker’s table and referred as follows: think that the thinking was, these are ex- The SPEAKER pro tempore. Under 7042. A letter from the Chairman, Farm perts in WMD (weapons of mass destruction), the previous order of the House of June Credit Administration, transmitting the Ad- so they should have the coordinating role.’’ 10, further proceedings on this question ministration’s final rule — Eligibility and

VerDate Aug 31 2005 04:52 Jun 11, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JN7.053 H10JNPT1 jbell on PROD1PC69 with HOUSE