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Preemptive impeachment: Stop War On Iraq, Stop Police State

article and radio interview of Prof. Francis A. Boyle
article and radio interview of Prof. Francis A. Boyle


professor stands ready to draft articles for any member of the House

Kéllia Ramares

Journal Contributing Editor



to Kéllia Ramares' full interview of Prof. Francis Boyle at
- Radio Internet Story Exchange

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the United States will constantly strive to enlist the support of the
international community, we will not hesitate to act alone, if necessary, to
exercise our right of self defense by acting preemptively against such
terrorists, to prevent them from doing harm against our people and our country .
. .

National Security Strategy of the United States of America

4, 2002—"We sentenced Nazi leaders to death for waging a war of
aggression," says International Law Professor Francis A. Boyle of the
University of Illinois, Urbana-Champaign. By contrast, Prof. Boyle wants merely
to impeach George W. Bush, Dick Cheney, Donald Rumsfeld and John Ashcroft for
their plans to invade Iraq and create a police state in America.

is offering his services as counsel, free of charge, to any member of the House
of Representatives willing to sponsor articles of impeachment. He is experienced
in this work, having undertaken it in 1991 for the late Rep. Henry B. Gonzalez
(D-TX), in an effort to stop the first Persian Gulf War. It takes only one
member to introduce articles of impeachment. Of course, it will take many more
than that to vote for impeachment, which will culminate in a trial in the
Senate. Boyle is confident that, once the articles are introduced, others,
including Republicans, will co-sponsor them. But we have to convince our
Representatives that impeachment is necessary for the country and politically
safe for them. This non-violent, constitutional process may be our best way of
stopping World War III and saving our civil rights.


II Sec. 4 of the Constitution states that: "The President, Vice President
and all Civil Officers of the United States, shall be removed from Office on
Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors." Boyle says that waging a war of aggression is a crime under
the Nuremberg Charter, Judgment and
"It's very clear," he adds, "if you read all the press reports,
they are going to devastate Baghdad, a metropolitan area of 5 million people.
The Nuremberg Charter clearly says the wanton devastation of a city is a
Nuremberg war crime."

United States is a party to the Nuremberg Charter, Judgment and Principles,
and thus is constitutionally bound to obey them. "The Constitution, in
Article 6, says that international treaties are the supreme law of the land here
in the United States of America. So all we would be doing here, in this
impeachment campaign," Boyle says, "is impeaching them for violating
international treaties, as incorporated into the United States Constitution, as
well as the Constitution itself."

Cabal Repudiates
Nuremberg Principles

don't have to wait for the devastation of Baghdad to impeach the Bush cabal
because they have already repudiated the Nuremberg Charter via the so-called
Bush Doctrine of preventive war and pre-emptive attack. "This doctrine of
pre-emptive warfare or pre-emptive attack was rejected soundly in the Nuremberg
Judgment, " Boyle says. "The Nuremberg Judgment . . . rejected this
Nazi doctrine of international law of alleged self-defense." The Bush
Doctrine, embodied in the
Security Strategy document
published on the White House web site, is appalling, Boyle says. "It
reads like a Nazi planning document prior to the Second World War."

Fruit Doesn't Fall Far From the Tree

Rep. Henry B. Gonzalez explained on the floor of the House in 1991, his articles
charged the elder Bush with:

Violating the Equal Protection Clause by having minorities and poor whites, who
were the majority of the soldiers in the Middle East, "fight a war for oil
to preserve the lifestyles of the wealthy."

Violating "the Constitution, Federal law, and the UN Charter by bribing,
intimidating, and threatening others, including the members of the UN Security
Council, to support belligerent acts against Iraq."

Violating the Nuremberg principles by conspiring to engage in a massive war
against Iraq that would cause tens of thousands of civilian deaths.

Committing "the United States to acts of war without congressional consent
and contrary to the UN Charter and international law." (This refers to the
lack of a formal declaration of war, as required by the Constitution).

Committing crimes against the peace by leading the United States into aggressive
war against Iraq, in violation of Article 24 of the UN Charter, the Nuremberg
Charter, other international instruments and treaties, and the Constitution of
the United States.

believes that the articles he drafted for Gonzalez' effort to impeach George H.
W. Bush, the father, could still serve as a basis for impeaching George W. Bush,
the son.

the People Ready for Another Impeachment?

has the advantage of bypassing the U.S. Supreme Court, which illegally installed
Bush in the Oval Office. The same "Justices" would have the final word
on legal challenges to constitutional abominations, such as the USA PATRIOT Act
and the Homeland Security Act, both of which the White House rammed through a
Congress frightened by the September 11th attacks and the as yet
unsolved anthrax attacks on Capitol Hill.

no matter how blatant the violations of constitutional, statutory and
international law are, impeachment is still a political process. Republicans
control the Congress and many Democrats, fearful of being labeled "soft on
terrorism" might be unwilling to challenge the Bush cabal. It would take
tremendous public pressure to get a reluctant Congress to impeach. Still, Boyle
thinks he can garner public support by adding an article of impeachment against
John Ashcroft.

know for a fact that there are Republicans and Democrats and Independents and
Greens, even very conservative Republicans, such as Dick Armey and [Bob] Barr,
who are very worried about a police state." Boyle says that an article
against Ashcroft would make clear "that we don't want a police state in the
name of an oil empire."

Up to Us

for the impeachment campaign, Armey has retired and Barr, who spoke out against
some of the most draconian proposals for what eventually became the USA PATRIOT
Act, was defeated in the Republican primary. Boyle is still waiting for the one
member of Congress willing to introduce articles of impeachment when the 108th
Congress convenes on January 7.

Bush has indicated that he is not likely to go to war before the end of January
or early February, Boyle thinks we have a month to stop the war by impeaching
the chain of command: Bush, Cheney and Rumsfeld, along with police state
enforcer Ashcroft. Time and the Internet are advantages Rep. Gonzalez did not
have in 1991, when the Persian Gulf War was launched the day after he introduced
his articles.

is asking the public to push for impeachment in two ways. First,
your own member of Congress

to urge him or her to introduce articles of impeachment, and tell the member
that he or she may
FBOYLE (at) LAW.UIUC.EDU">contact
Prof. Boyle

for assistance in drafting the articles. Second, demand impeachment by engaging
in non-violent direct action, in exercise of your First Amendment rights to free
speech, peaceable assembly and petition for redress of grievances. Boyle was
pleased that 100,000 people marched around the White House last October 26 to
protest the impending war on Iraq. But he says one million people need to
peaceably take to the streets with signs, banners and voices shouting,
"Impeach Bush!"

bottom line: it's really up to you and to me to enforce the law and the
Constitution against our own government," he says. "We are citizens of
the United States of America. We have to act to preserve the republic that we
have, to preserve our Constitution, to preserve a rule of law. This is our
responsibility as citizens. We simply can't pass the buck and say 'Oh, some
judge is going to do it somewhere.' It's up to us to keep this republic."

© 2003 Kéllia Ramares. For fair use only.

to Kéllia Ramares' full interview of Prof. Francis Boyle at
- Radio Internet Story Exchange
the R.I.S.E. online store

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