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2007.04.13

Missing emails might be impeachable offense

There is precedent for the Congress trying to impeach the president on grounds that he withheld or deleted documents that the Legislative Branch had requested.  Read this Third Article of Impeachment that the Judiciary Committee filed against Richard Nixon on July 27, 1974:

In his conduct of the office of President of the UnitedStates, Richard M. Nixon, contrary to his oath faithfully to executethe office of President of the United States and, to the best of hisability, preserve, protect, and defend the Constitution of the UnitedStates, and in violation of his constitutional duty to take care thatthe laws be faithfully executed, has failed without lawful cause orexcuse to produce papers and things as directed by duly authorizedsubpoenas issued by the Committee on the Judiciary of the House ofRepresentatives on April 11, 1974, May 15, 1974, May 30, 1974, and June24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papersand things were deemed necessary by the Committee in order to resolveby direct evidence fundamental, factual questions relating toPresidential direction, knowledge or approval of actions demonstratedby other evidence to be substantial grounds for impeachment of thePresident. In refusing to produce these papers and things Richard M.Nixon, substituting his judgment as to what materials were necessaryfor the inquiry, interposed the powers of the Presidency against thethe lawful subpoenas of the House of Representatives, thereby assumingto himself functions and judgments necessary to the exercise of thesole power of impeachment vested by the Constitution in the House ofRepresentatives.

In all of this, Richard M. Nixon has acted in a mannercontrary to his trust as President and subversive of constitutionalgovernment, to the great prejudice of the cause of law and justice, andto the manifest injury of the people of the United States.

Wherefore, Richard M. Nixon, by such conduct, warrants impeachment and trial, and removal from office.

It underscores how serious it is when the Executive Branch hides information that the Legislative Branch lawfully subpoenas. 

The Center for Responsibility and Ethics in Washington (CREW) finds that the Bush Administration has misplaced at least five million emails over a two-year period.

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