WHEREAS, George W. Bush and Richard B. Cheney conspired with others to defraud the United States of America by intentionally misleading congress and the public regarding the threat from Iraq in order to justify a war in violation of Title 18 United states Code, Section 371: and
It is a sunny day in Santa Fe. It is finally approaching something close to warm.
The New Mexico Legislature is in session for 60 days this year. (It meets only 30 days in even numbered years.) They have been making decisions about whether or not to outlaw cockfighting, how to handle water issues, what to do with our budget surplus, whether or not to subsidize a coal plant on tribal lands and whether or not the bolo should be declared the state tie.
WHEREAS, George W. Bush has admitted to ordering the national security agency to conduct electronic surveillance of American civilians without seeking warrants from the foreign intelligence surveillance court of review, duly constituted by congress in 1978, in violation of Title 50 of the United States Code, Section 1805; and
What drew me to the Roundhouse, as the adobe-style capitol is called, was the issue of impeachment. Since the federal legislature refuses to deal with the matter, it is possible for state legislatures to request the U.S. Congress to begin investigations into the activities of the President and Vice President to the end that they may be impeached and removed from office. The legal basis for this action comes from Section 603 of Thomas Jefferson’s Manual and Parliamentary Practice and of the Rules of the United States House of Representatives.
WHEREAS, George W. Bush and Richard B. Cheney conspired to commit the torture of prisoners in violation of Title 18 United States Code, Chapter 113C, the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Geneva Conventions, which under Article VI of the United States constitution are part of the “supreme Law of the Land’; and
The New Mexico legislation was passed out of the Rules Committee about a week ago on a unanimous vote. (No Republicans attended the hearing.)
Today the matter was being considered by the Senate Public Affairs committee which consists of 5 Dems and 4 Repubs.
The hearing room was packed to capacity. The state police had to remove a number of people due to fire safety concerns. An additional 75 or so people waited in the corridor and signed a statement in support of the resolution.
WHEREAS, George W. Bush and Richard B. Cheney acted to strip American citizens of their constitutional rights by ordering indefinite detention without access to legal counsel, without charge and without the opportunity to appear before a civil judicial officer to challenge the detention, based solely on the discretionary designation by the presided of a United States citizen as an “enemy combatant,” all in subversion of the law;
The committee chairwoman allotted one hour for public comments with a two minute limit for each speaker. Constitutional attorneys, professors, small business people, clergy, moms, grandfathers and poets were among the speakers. Some of the Senators left the chamber frequently or chatted among themselves. When one of the speakers noted how disrespectful this seemed, the chair stated that the Senators also sat on other committees which were meeting concurrently. Only one Republican remained to hear all the comments.
Some of the speakers were organized, eloquent and to the point. Some rambled off on tangents or kept speaking after their time was up. By and large it wasn’t too embarrassing.
One Democrat and one Republican were absent throughout the proceedings. One Democrat exited the room before any vote was taken, leaving three members of each party in the room. A Republican moved to table the resolution and another (the one who had been there throughout) seconded the motion. This resulted in a tie vote. That meant the move to table failed.
It looked like a tie on the resolution was inevitable, meaning it would die in committee. Just before the final vote the “Listening Republican” bolted out of the room. The measure passed three to two. The room burst into applause and the crowd was soundly reprimanded by the Sergeant-at-Arms. A moment later the crowd in the hall started cheering at the top of its lungs.
NOW THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that George W. Bush and Richard B. Cheney, by such conduct warrant impeachment and trial and removal from office and disqualification to hold and enjoy any office of horror, trust or profit under the Untied States
The resolution will next move to the Judiciary committee. At that hearing the sponsors have arranged with Constitutional Scholar, Elizabeth Holtzman, to testify via video hookup. This will be a tough fight. If you know of anyone in New Mexico who would support SJR 5, it is essential that they be in contact with their legislators.
It was an interesting day, observing democracy in action. Let’s hope we can prevail.
You can see the entire resolution at here.