Friday, June 29, 2007

Conservative Heretic: Impeach Vice President Cheney

Slate Magazine: By Bruce Fein

Under Dick Cheney, the office of the vice president has been transformed from a tiny acorn into an unprecedented giant oak. In grasping and exercising presidential powers, Cheney has dulled political accountability and concocted theories for evading the law and Constitution that would have embarrassed King George III. The most recent invention we know of is the vice president's insistence that an executive order governing the handling of classified information in the executive branch does not reach his office because he also serves as president of the Senate. In other words, the vice president is a unique legislative-executive creature standing above and beyond the Constitution. The House judiciary committee should commence an impeachment inquiry. As Alexander Hamilton advised in the Federalist Papers, an impeachable offense is a political crime against the nation. Cheney's multiple crimes against the Constitution clearly qualify....

In the end, President Bush regularly is unable to explain or defend the policies of his own administration, and that is because the heavy intellectual labor has been performed in the office of the vice president. Cheney is impeachable for his overweening power and his sneering contempt of the Constitution and the rule of law.


Bruce Fein is an awfully conservative fellow, to the extent that I become suspicious when I find myself agreeing with him. But this story seems straight--that internal ellipsis conceals a considerable, and highly persuasive, bill of particulars. My own view of the impeachment clause, and its applicability to Cheney's behavior, is in accord with Fein's.

That does not necessarily entail the conclusion that pursuing impeachment is necessarily a good idea.

From a purely partisan Democratic perspective, a successful impeachment effort (successful here might entail a resignation for "medical reasons") would mean what, exactly? You won't have Dick to kick around any more? At this point in the Administration, the Dems likely prefer to keep making political points by kicking Dick (and Alberto) as much, and as publicly, as possible.
What is the down side? The country's interest in being free of these twin (fraternal, not identical--Cheney, whatever else, is not an incompetent empty suit) evil spirits? When has that recently influenced political behavior on the national scene?

Further, Cheney's resignation or removal would enable Bush to nominate someone new (Condi? Fred Thompson?)) who might use the new office as a springboard to the Republican Presidential nomination. While it doesn't look now like W's coattails will be that helpful in 2008, things might change.

(I should note that I, almost uniquely among my compadres, thought Bill Clinton should resign over his abuse of the public trust and misuse of his governmental subordinates during Monicagate, allowing Al Gore to become President in his stead. Would we be bemoaning this week's Supreme Court decisions had that occurred, and history unrolled differently in 2000??)

Still, dumping Cheney would, I think, be constitutionally justified and, at least in principle if not political fact, in the interest of the country and its future.