JOHN NICHOLS, the Washington correspondent ofThe Nation, is also a contributor to The Progressive and In These Times and a bestselling author. His latest book,The Genius of Impeachment: The Founders’ Cure for Royalism (TheNewPress.com), reveals startling parallels between previous presidencies and the Bush regime’s abuses of power. In a compelling interview, Nichols roasts corporate media and boldly lays out a bill of particulars for impeaching Bush and Cheney.
HUSTLER: The Genius of Impeachment discusses Congressman Abraham Lincoln’s efforts to censure and/or impeach President James Polk following the unprovoked imperialistic invasion of Mexico in 1848.
JOHN NICHOLS: The founders established the impeachment power in the Constitution with the purpose of constraining the executive. That was their intent from the beginning. They were terrified a President would become a king for four years, that upon election a President would cease respecting the Constitution and would simply do as he chose.That protection was placed there for a specific reason. Madison and Jefferson and others were very specific. They wanted to chain the dogs of war, to ensure Presidents could not do what kings had always done: lead the country into wars of whim or political desire.
In the 1840s, President Polk—a slaveholder—realized slavery was on the way out. Mexico, Britain and other countries were banning it; he was terrified. Polk said the old order was passing, and he looked at the map and basically said, “How do we get more slave states? … Why don’t we invade a relatively weak, poor country to our south, seize lots of territory there, and then we can make all that territory into a bunch of states.” The 1840s/1850s compromises stated that if you were below the Mason-Dixon Line, you could be a slave state.The more states permitting slavery, he reasoned, the more powerful the slave interest would be.
But a young Congressman came out of the Midwest to challenge this war more aggressively than any members of Congress are currently challenging the Iraq War—except perhaps Representatives Barbara Lee and Maxine Waters.
Was the Mexican-American War launched under false pretexts?
There were lies that Mexicans had attacked Americans. So this young Congressman, Abraham Lincoln, went to the House floor every day with a “Spot Resolution” and essentially said: “President Polk, show me the spot where a single drop of American blood was shed. And if you cannot show it to me, then tell me why we should not act against you as a sovereign who has lied to the American people and their Congress for the purpose of launching an illegal war.”
When Lincoln challenged Polk, [Lincoln's] law partner back in Illinois sent him a letter saying—and I’m paraphrasing here—”You can’t attack the President in a time of war. He’s the commander in chief. The troops are in the field.” Lincoln wrote back, “If I don’t criticize the President in a time of war, then we return the Presidency to the status of a king, and do exactly what we fought against. We make our sovereign an individual who can by whim and lie lead us into a war that will kill our children, empty our treasury and warp the very intents of the country.” Ultimately, Polk didn’t seek a second term.
The biggest tragedy today is that we don’t have enough Abe Lincolns in Congress, because it’s the same struggle: fact after fact, detail after detail, a President doing it without the permission of Congress—these elements come into play.We’ve fought these battles before [and] always come to the same conclusion: A President who does this must be sanctioned. If he is not, we establish in the Presidency a royalty that our founders said would destroy the country.
Do you think Bush will rein himself in?
Fear of losing your power and place in history, being a President sanctioned by censure or impeachment, causes even the most bombastic or irresponsible of Presidents to become self-protective. The push for impeachment is a vehicle by which we might well see George Bush step back from the brink. And if he doesn’t, that clash between the executive and the legislative, which the founders intended and wanted, [happens]. That clash becomes a popular discussion, not a Congressional or legal discussion. The people watch it, decide and tell their members of Congress, “Yes, go after this guy.” Or as happened with Clinton, [the people] say, “Back off; this is ridiculous.” However it plays out, it’s a very democratic process because the President, in the midst of his term—not just merely at an election—is forced to respond to the popular will and to the House of Representatives. When it doesn’t happen for too long, Presidents take more power unto themselves.
Are there grounds for impeaching George W. Bush?
You don’t publish a large enough magazine to detail them all. Smart people have written books on this, [including] Elizabeth Holtzman, who served on the Judiciary Committee during the Nixon era. Let’s be very blunt about the specifics: Bush deceived Congress, intentionally and specifically, for the purpose of launching a war of whim rather than necessity—not a defensive war but a war of desire. We see a violation of the separation of powers, the Constitutional determination that we have a system of checks and balances. Bush swore an oath to a Constitution that says only Congress can declare war. So we have an impeachable offense. There’s simply no question.
Spying on the American people. More revelations in this regard, not merely via the USA PATRIOT Act, but also all the warrantless wiretapping. A viola-tion, not just of the Foreign Intelligence Surveillance Act, but also of the Fourth Amendment—[prohibiting] spying on people in their homes without permission of the courts and Congress. Signing statements, an absolutely regal act, that of a king; again, in direct violation of the Constitution’s clear definition of how Congress passes a law: The President signs or vetoes that law.
The punishment of political critics and foes. The Joe Wilson/Valerie Plame case. Again, this goes directly to past impeachments. The third article of impeachment against Richard Nixon involved the use of his office to punish or to go after political critics.
Finally, and perhaps, most importantly, Bush’s sanction of torture and extraordinary rendition. People say, “That violates the Geneva Conventions.” The Constitution requires us to obey our treaties as we obey the law of the land. So if Bush violates the Geneva Conventions, he violates the law. But it’s also a violation of the Bill of Rights, which bars cruel and unusual punishment.
Just in that bare minimum list, we have grounds for an impeachment process any founder would have respected and encouraged. If Jefferson and Madison were here, they’d say: “What are you waiting for? We gave you the outline.We were very specific about when you should do it in a time of war.”
Jefferson said, “We have created a near-perfect republic, but will they keep it?”When he asked that, he wasn’t saying, “Will Congress keep it? Will the press keep it?” He was talking about the people.
Let’s discuss Tragedy and Farce: How the American Media Sell Wars, Spin Elections, and Destroy Democracy, which you cowrote with Robert McChesney and others. How has the press let us down regarding impeachment?
We have a corporate press in America. Our mainstream media operates in much the same way as an official media does in a royal state, or even in some dictatorships. You may say, “Well, that’s a pretty extreme statement.” Not at all. The press is most useful to power when it maintains the image of being independent and skeptical, but never really is.
Look at the run-up to the war in Iraq. Two days before the war began—on America’s preeminent talk show, Meet the Press—the Vice President is asked, “What’s this war going to be like?” Cheney’s supposed to be the smart one, the guy who knows what’s going on, an ex-secretary of defense. He says, “We’ll be greeted as liberators.” Many Americans believed him, not just because Cheney said it, but because [host] Tim Russert nodded and said, “Very good,” then went on to the next question.
Both the Washington Post and New York Times eventually printed apologies for supporting the administration’s pre-invasion justifications.
So did 60 Minutes for its Ahmed Chalabi story, which was irresponsible and wrong.We have lots of apologies in the aftermath, but the press isn’t supposed to apologize afterward. It’s supposed to try and get it right at the time.
It’s the wonderful opportunity of our craft to be able to speak truth to power. In the Iraq War’s runup, much of the press practiced stenography rather than journalism. The founders figured Presidents and Vice Presidents would lie. They created an incredibly broad freedom of the press so someone would raise their hand and say, “No, this is wrong; this is a lie.”
What accounts for the press’s failure?
It’s too consolidated, too big. One theory is when you get big, you become powerful and can boldly do whatever you want. The opposite is true: Gulliver’s Travels is right. When you become a giant, you’re more easily constrained. It’s not just that they’re corporate, rejecting civic and democratic values of the individual owner, the smalltown guy with his paper, his little radio station. The corporate media wants to make lots of money and appeal to the broadest number of people with the least amount of responsibility.
As a result, you get a press that gives you lots of Anna Nicole Smith and Britney Spears, but very little about our trade deficit or real details of our military engagements around the world or a nuclear plant melting down, etc., because they know Anna Nicole and Britney will keep you entertained. Thus you create the fantasy of a news operation without its responsibility.
That responsibility requires two things big media doesn’t like. First, expenditure. It costs money to go around the world, find out what’s going on. Number two, when you offend power—particularly when you’re in the broadcast media—power says, “Well, we’re not going to talk to you anymore.” In broadcast, when you lose the image of the individual sitting down and talking to you, you lose a lot. So it’s much easier to simply say, “We’re not going to pick on you too much.”
What Jefferson and Madison intended with freepress protection was a wild, cacophonous, at times irresponsible media. They figured you give them all these voices, and people sort it out—they trusted the people. Today, media’s biggest problem is it doesn’t trust the people. It feels you can’t speak truths about difficult things because it will upset the masses. So after 9/11, instead of a discussion about why this occurred, we had a “Why do they hate us?” discussion.
I’ll accept there are probably some people who hate us for our “freedoms.” Some fundamentalists really do want a pretty constrained and unpleasant world. But there’s a broad, deep discussion to be had. After 9/11, Americans were ready for it. I met many people who had so many questions, were really struggling to find out a lot. After 9/11, what media had the biggest, long-term increase in audiences? London’s The Guardian, Independent and BBC. Americans desperate for information looked to their own media and said, “I’m not getting it here.”
The people’s desire for honest information is far greater than most folks in media accept. It troubles me deeply that it took until this last year for one guy in [TV] to start really speaking truth to power— Keith Olbermann. We’re five years into this post- 9/11 period before somebody actually steps up and says, “I’m going to start talking about this in blunt ways.” What happened? It’s supposed to be the kiss of death, right? People came racing to Olbermann, and the effect has been profound.
Do you also think the news media relinquished its role vis-à-vis Iraq because opposing the powers-that-be might lead to punishment?
Bill Maher said some blunt things and was shot down by the White House Press Secretary. Was he dragged off in chains like editors were in the days of John Adams and the Alien and Sedition Acts? No, we’re more sophisticated now. The White House itself just says, “This guy’s not patriotic. He’s a bad guy.”
Look at Helen Thomas, dean of the White House press corps; she was always called on first. Quite a remarkable woman who’s known every President back to Eisenhower. Yet she was treated with maximum disrespect by the Bush Administration, moved to the back corner of the White House press room, because she’s asking skeptical questions. They didn’t call on her anymore. You can get mad at the Bush White House for that. But you should also get mad at the press corps. Why didn’t they say, “This is the senior member of our craft here, and you’re treating her with maximum disrespect; we don’t accept that”?
Tell us about Vice President Cheney, the subject of your hard-hitting 2004 biography Dick, the Man Who Is President.
Cheney avoided serving in the military as a young man, taking five deferments to avoid Vietnam. When he was secretary of defense, despite his lack of experience in military affairs and defense issues, he and his office came up with a plan for invading Iraq during the first Gulf War. [General] Norman Schwarzkopf said, “It’s very interesting, except the way you’re invading, you’d strand our troops in the middle of the desert without water.” Cheney’s incompetence at every turn is just startling.
As Halliburton’s CEO, he organized a merger with another company, failing to do due diligence. It turns out they have billions of dollars in asbestos claims; it almost put Halliburton into complete crisis. They hustled him out quickly to become Vice President just in time to oversee privatization of the military.
One of the biggest problems we have in the Iraq War right now is a largely privatized support system for our military. Ask yourselves, “How are we spending so much money?” Two billion dollars every ten days spent on this war. Yet we can’t get body armor, don’t have vehicles strong enough to withstand mortar attacks. There’s so many brave young Americans being terribly injured or killed. A lot is [because] we’ve created a dysfunctional relationship between the military and its suppliers—these private firms are dominant.They get the big money. If you’re in Iraq, you’ll find somebody getting poverty pay—that’s a soldier. Somebody getting $80,000, $100,000, for doing the same thing a soldier might do, that’s a private contractor. We’ve thrown the entire thing out of whack.
Cheney has always gotten it wrong, and it’s amazing how much of the press corps says, “He’s the administration’s smart, capable guy.”
Are Bush, Cheney and their clique merely elitists who simply think the rules were drawn up for controlling the masses, but don’t apply to them?
You hit it right on the head. This is an issue I come back to all the time: royalism. The American experiment was all about rejecting royalism, the divine right of kings, the notion that God chose our rulers. So [the Founding Fathers] revolted against it. They happened to be people of the Enlightenment who created a relatively liberal state with lots of openness and freedom. But their core instinct was that a ruler shouldn’t have different rules than the people.
Cheney and Bush, their circle and many people in Washington hearken back to that old royalism. They think they have a separate set of rules, that the people are stupid and ought to be constrained morally, economically, etc. I think the opposite: Our leaders ought to be restricted, and the people ought to be free. Jefferson said, “The people should not fear their government. The government should fear the people.”
What can citizens do to advance impeachment?
First, understand it’s not a radical act. Impeachment is a live instrument, something the founders mention six times in the Constitution. They wanted you to know this is yours; you can use it. Get over your fears. The truth is, impeachment is the cure for Constitutional crisis.
The folks of the After Downing Street Coalition have impeachment information online. Get active locally. Communities across this country have passed impeachment resolutions telling Congress, “We want you to raise this issue and get active on this.” That’s a really valuable tool. Let your imagination be free; believe it’s possible. Then act. Go to a town meeting, write a letter, encourage your city council, your town board, to do something on this. It all matters.
EDITOR’S NOTE: On April 24, 2007, Congressman and Democratic Presidential candidate Dennis Kucinich filed articles of impeachment against Vice President Cheney in the House of Representatives. On July 22, Democratic Senator Russ Feingold announced that he would introduce two censure resolutions condemning the President, Vice President and other administration officials for misconduct relating to the war in Iraq and for their repeated assaults on the rule of law.