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Liveblogging Impeachment Day 1

It's impeachment day 1 thanks to Rep. Dennis Kucinich!

David Swanson is liveblogging with impeachment activists on Capitol Hill. Kagro X has a diary on Kos explaining how Kucinich and Robert Wexler pressured Pelosi into having hearings, who will testify, and why no one can call Bush a "liar." Ralph Lopez has a diary at Kos with Corporate Media links - tell them to cover today's impeachment hearing!

#2: 9 a.m. Pacifica starts live coverage. David will be a guest at 9:30.

9:40: Robert Parry, author of "Neck Deep" - Mainstream media (MSM) doesn't feel pressured by the left Media, as they do by the right. There is a difference between how the media responds to the conservatives and liberals.

9:43: John Conyers is 79 and has been in Congress since 1961.

9:46: Scott Horton and David Swanson on now.

9:47: David Swanson currently in line; has been in line for 3 hours, and is about to be let into the room.

9:48: David was asked if this is a victory. He said no, but it is a forceful statement on Bush's multiple crimes.

9:49: Jane Harmon will not be speaking. Prepared remarks by Bruce Fein available on www.afterdowningstreet.org/

9:50: Discussion about the need for increased "street heat" that is, activism by citizens to bring about accountability.

9:52: David was asked if it's too late to impeach. He replied absolutely not! This action is not about George Bush, but rather about upholding the rule of law in our nation.

9:55: Scott Horton: When impeachment hearings commence, blanket pardons are no longer possible, and this is one of the central arguments for impeachment.

9:56: Will today's hearings set the stage for the next step toward impeachment? Yes, if there is an outpouring of public support for impeachment.

9:58: In 1974, telegrams represented the public outcry; today, it is emails.

10:00: CSPAN is showing the hearing room and Rep. John Conyers greeting people. Gavelling in soon.

10:02: Motion and commotion as people come in and settle. Rep. Tammy Baldwin (D-WI) is present. Crowd cheers vigorously as Rep. Dennis Kucinich and his wife Elizabeth enter the hearing room. Three or four rounds of indecipherable chanting.

10:05: Panelists for Panel #1 are assembling.

10:09: You can watch the hearing webcast at http://www.c-span.org/ and read Articles of Impeachment Rep. Kucinich submitted in the "Featured Links" section.

10:16: The Committee appears to be settling in, paper shuffling has begun.

David Swanson reports that "They let a grand total of 17 members of the public into the room. A crowd of hundreds is in the hallway shouting "Shame! Shame!" despite being offered two large overflow rooms. The 17 of us include a bunch of people with IMPEACH shirts, after we won an argument in the hallway for the right to wear them -- led by Col. (retired) Ann Wright." At least half of those admitted are members of Vets for Peace.

10:19: Chairman Conyers calls hearing to order. He is reading a prepared statement about the legacy of this administration's excesses. Chairman Conyers states that there have been 45 hearings on related matters in this Congress. He points out that the Judiciary Committee took action against Harriett Miers and Josh Bolton, and expects to take action against Karl Rove.

10:27: Rep. Lamar Smith (R-TX) says nothing will come out of this hearing; there will be no impeachment. There is no evidence of any wrongdoing by the President. This hearing will only impeach Congress' credibility.

Rep. Smith reads a House Rule: "Rules do not permit the use of language that is personally offensive toward the President."

10:32: Rep. Robert Wexler begins opening statement. Openly calls for impeachment. This is not a partisan issue - it is an American issue. Rep. Wexler recommends studying the events surrounding the Nixon years.

10:35: Chairman Conyers reminded those in the hearing room that cheers, clapping and other similar actions are not permitted.

10:37: Rep. Steve King (R-IA-5) when Chairman Conyers mentioned "the power to remove" in his opening statement, Rep. King never thought that he would be present at a hearing where the removal of a president would be the subject. Rep. King will be releasing today the debriefing of Ambassador Joe Wilson after his return from Niger. Rep. King is asserting that Wilson's debriefing statement acknowledged that Niger had yellow cake uranium.

10:34: Rep. Zoe Lofgren (D-CA-16) exploring "Executive Power and Its Constitutional Limitations." Calls Bush the "worst president our country has every suffered."

10:37: Rep. Dan Lungren (R-CA-3) opening statement. He seems to be straining to speak. Calls hearing "Friday morning show trial." Questions the purpose of the hearing; perhaps it's "impeachment lite" leaving the press to print the charges without actually taking the steps.

10:51: Rep. Jerry Nadler (D-NY-8) reviewing the lists of possible offenses that are excesses of the Executive Branch. States this is not a waste of time.

10:53: Rep. Mike Pence (R-IN-6) again reflects that this is not a hearing on "impeachment." Does this take us down the road of criminalizing American politics? Rep. Pence sees no reason for impeachment. Bush not accused of treason or bribery, so that leaves high crimes and misdemeanors. Rep. Pence say Rep. Kucinich is "dead wrong." Calls Bush a "man of integrity." He has seen no evidence of a high crime or misdemeanor, and therefore there should be no serious consideration of impeachment of George W. Bush.

10:58: Rep. Sheila Jackson Lee (R-TX-18) opens by reading the preamble to the Constitution. Points out that Congress has responsibility to do fact-finding; she focuses on the issue of how the movement toward war evolved. She queried whether it was treasonous for Karl Rove not to appear as required by the Judiciary House Committee. Also questioned whether signing statements contravene the Constitution.

11:02: Rep. Trent Franks (R-AZ-2) criticizes past committee hearings that has made Americans less safe due to terrorism. Says the committee's hearings make the terrorists happy.

11:07: Rep. Steve Cohen (D-TN-9) Congressional newbie - 19 months. Administration is contemptuous of the Congress. Cohen describes how Monica Goodlin only would testify to executive branch wrongdoing by being granted immunity.

11:09: Rep. Hank Johnson (D-GA-4) Lawyer/judge

11:29: Rep. Dennis Kucinich (D-OH-10) begins his statement. War has killed 4,127 American military personnel. Rep. Kucinich asks to enter HR. 333, 1258, and 1345 into the record; Chairman Conyers agreed. Rep. Kucinich passionately describes the decision before us is to right a very great wrong.

11:36: Rep. Maurice Hinchey (D-NY-22) administration dominated by corruption and incompetence. Need to insure that future administrations work with the Congress. Rep. Hinchey outlines numerous references and warnings about AlQaeda's determination to attack the US. All of the circumstances surrounding the war need to be examined because of the damage that it has done. The situation now is one of the most difficult we have faced in history of our nation.

11:41: Rep. Brad Miller (D-NC-13) Democracy dies behind closed doors. It is the responsibility of Congress to keep communication open, both Democratic and Republican. Quoting James Madison about the founders of our republic.

11:52: Walter Jones

12:00: 2nd Panel Being Seated. Panelists are:

  • The Honorable Elizabeth Holtzman, Former Representative from New York
  • The Honorable Bob Barr, Former Representative from Georgia, 2008 Libertarian Nominee for President
  • The Honorable Ross C. “Rocky” Anderson, Founder and President, High Roads for Human Rights
  • Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law
  • Bruce Fein, Associate Deputy Attorney General, 1981-82, Chairman, American Freedom Agenda
  • Vincent Bugliosi, Author and former Los Angeles County Prosecutor
  • Jeremy A. Rabkin, Professor of Law, George Mason University School of Law
  • Elliott Adams, President of the Board, Veterans for Peace
  • Frederick A. O. Schwarz, Jr., Senior Counsel, Brennan Center for Justice at NYU School of Law

Panel 2

Honorable Elizabeth Holtzman, Former Representative from New York: Outlined list of crimes, recommended an impeachment action.

Honorable Bob Barr, Former Representative from Georgia, 2008 Libertarian Nominee for President: Notes that the US Post Office is the most trusted governmental agency, and says that's a source of concern to all. Expresses hope that this will be the first of many inquiries into the checks and balances and the separation of powers. Quotes Supreme Court Justice Louis Brandeis: "The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well-meaning but without understanding." Administration's secrecy undermines the respect of the rule of law.

Honorable Ross C. “Rocky” Anderson, Founder and President, High Roads for Human Rights:

Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law: Discussing standards for impeachment. Comparing and contrasting with Clinton. Says unitary executive theory and signing statements aren't impeachable.

Bruce Fein, Statement Associate Deputy Attorney General, 1981-82, Chairman, American Freedom Agenda: Close to executive despotism...rule of law is the nation's civic religion...claims of war power: every square inch of world is an active battlefield where Bush can use military force...we have the sword of Damocles over our heads...

Vincent Bugliosi, Author and former Los Angeles County Prosecutor: Charges that Bush is a murderer of our military personnel; would never make the charge if he didn't have evidence. Bush knew that Hussein was not an eminent threat. The unclassified report had that information deleted. The Bush Administration has gotten away with thousands upon thousands of murders. No comparison to Clinton; urges a CRIMINAL investigation. Crowd breaks out in loud applause. Chairman Conyers admonished the guests in the room not to react to the testimony.

Jeremy A. Rabkin, Professor of Law, George Mason University School of Law: Will try to add perspective to hearing. Doesn't want to look at "secondary charges." "Wartime presidents don't take great care of the Constitution." People want to kill us.

Frederick A. O. Schwarz, Jr., Senior Counsel, Brennan Center for Justice at NYU School of Law: Now we are less free, and less safe. This is given extremist Muslims powerful recruiting tools. World is doubting the moral basis of our war on terrorism. Recommends independent non-partisan, bi-partisan commission rather than impeachment. Thinks there's no time for a detailed investigation now. US must not adopt the techniques of our enemies.

Elliott Adams, President of the Board, Veterans for Peace: Ben Franklin asked "What have we here?" and Ben Franklin replied: "A republic, if you can keep it." Describes the works of Veterans for Peace. No question that members of this administration have committed crimes. The question is what we do about it? Torture is illegal and ruins the value of the intelligence gathered. When our founding fathers signed the Declaration of Independence they were not worried about political will or their political future. They were worried that were going to get hanged.

Follow-ups:

Bob Barr: The Constitutional clock is running down. Chooses constitutional inquiry over constitutional silence.

Ross C. “Rocky” Anderson: Characterizes aluminium tubes as fraud, leading to war

Stephen Presser: You won't find a lack of good faith.

Bruce Fein: Permanent war is inconsistent with freedom. Bush has taken more powers that George III.

Vincent Bugliosi: Consensual sex and lying about it is worse than murder. Bush spoke about 3 ways to provoke war; one included provoking Hussein by flying war planes into Iraqi territory.

(Audience outburst, person evicted from hearing room)

Frederick A. O. Schwarz, Jr.: The idea that the President can break the law and do it secretly is a very dangerous doctrine that must be exposed and squashed.

Elliott Adams: Promotes his soon to be written book.

Chairman Conyers accepts all paperwork for entry into the record.

Rep. Lamar Smith (R-TX): Feels that witnesses missed the point that this is not an impeachment hearing. Question to Presser: Was the Clinton impeachment about lying about sex? Answer: No. There is no misconduct from this administration that would rise to an impeachable offense.

Jeremy A. Rabkin, Professor of Law, George Mason University School of Law: Question from Rep. Smith to Prof. Rabkin: Is there something impeachable? Did the president get us into a war to enrich oil companies? If that were true, of course, impeachment would be suitable. Why are people so bitter? Something to do with is such a charge even plausible...I mean, you have to find it demented, really. You not only have to believe that the president is a Shakespearean villain, you have to believe that all through the White House there are people who will just say, "Well, I'll just cover it up."

Rep. Smith: If we accepted the definitions of impeachable offenses given today, would other presidents have committed impeachable offenses.

Rep. Nadler: If the President lied to Congress,

#1: 8 a.m. Dennis Kucinich kicks off the day on C-Span 1 while I make my first cup of coffee.

8:07: Q: On Iraq, was the Administration lying or honestly wrong? A: Either way it's impeachable after the deaths of over 4000 U.S. soldiers

8:09: A: My presentation will focus closely on what Congress was told about Iraq... on representations that were untrue at the time they were told to Congress. Now everyone knows Iraq had no WMD's, no ties to Al Qaeda.

8:10: Q: Only months left - why push impeachment? A: Setting precedent for future president. Disastrous consequences. Central purpose was to grab Iraq's oil - our troops are there to get $5/gal gasoline from our people. What's this all about?

8:11 Q (Auburndale Republican): I voted for Bush twice and I'm sorry about it. I thank you for impeachment.

8:12: Q: Are you in touch with the Speaker? A: She's busy; I talk to her staff and tell them everything I'm doing. Q: Why does she oppose impeachment? A: Ask her. She took it off the table in 2006. But she allowed this hearing which is good. This isn't about Pelosi but about Bush. She's done her best - other Members oppose impeachment.

8:15: Q: Read Phillippe Sands' book - Bush lied on purpose. A: I wrote a report in 2006 exposing lies. We want to trust our President. There has to be accountability - Founding Fathers only gave us impeachment.

8:16: Q (Random Lake WI): High crimes - I see every day. We've called 50 million children (abortion), Waco, Saddam paying terrorists. No attacks in US for 6 years because Bush went into Iraq. A: Iraq had nothing to do with 9/11. We went to war against innocent people.

8:18: Q (Essex CT): Bush says he got bad info but never said where he got it - who gave it? Doug Feith? Netanyahu and Sharon? After 9/11 FBI caught 5 dancing Israelis - said they were sent to "record the event." How did they know "the event"? A: Don't know about the latter, just the former. Senate Intelligence Committee report is damning to administration - they had plenty of info that the what they told Congress wasn't true.

8:21: Q: What do other Members say? Some voted for Iraq because they honestly believed Bush. There has been a steady reappraisal. Over 4,127 troops have died, tens of thousands injured, over a million innocent Iraqis, $3 trillion cost, oil prices going up - oil was a central reason why we went to Iraq - rising oil price, rising food price. Dimunition of civil liberties - all because a lie was told, that Iraq was an imminent offense. I can't think of a graver offense because of all the consequences.

8:23 Q (Anniston AL Republican): Should Democratic leadership be impeached too for stupidity? A: Congress does have responsibility - for war powers. But we never declared war. We only relied on what the President told Congress. When driving, accidental killing is manslaughter - a serious crime. If it was just a mistake, look at the gravity - 1 million dead people in Iraq. There must be accountability. You can't say "gee we made a mistake." They knew better and there must be consequences.

8:25 Q (Walton NY Democrat): What was Bush's motivation? Is there a money trail? A: Congress can't crack veil of secrecy over Cheney's meetings with oil companies - maps of Iraq - consensus that access to oil would be critical. Link between that meeting and military action later on. But just based on what's on the record we can impeach. Look at consequences - money for health care, jobs, environment, alternative energy - money's not there because money's going into war. Unless we find out the truth we'll never be free of the consequences.

8:27 Q: Cheney? A: I introduced H.Res.333 against Cheney because of his statements on nuclear weapons. I thought it would be better to remove him first. This is about accountability to history. Our Constitution is at risk. If our President is no longer accountable, we've set the stage for more wars, a government that's about empire - not the urgent problems at home.

8:29 Q (NYC Republican): I'm a former prosecutor. I blew the whistle on airport security in 1999. I made a big arrest for drug smuggling. I reported it and was threatened by my supervisor to keep my mouth shut. They wanted me to perjure. I was terminated and filed a lawsuit that has lasted 9 years. A: Call my office so I can investigate. Thank you for standing up.

8:31: This administration is getting ready to attack Iran and plunge us into a 4-front war. Very dangerous for America - for our troops in the field, for our economy. We can't sustain this - we have to look to our Constitution to rein this in. There has to be consequences for this President's insistence on passing the AUMF.

8:32 Q: Will War Powers Act be changed? A: Proposed changes would take more power from Congress. Founding Fathers were clear - power for warmaking given to Congress, not President. We need to strengthen Congress' role. This is very serious - we see consequences in Iraq.