Article VI--Invading Iraq in Violation of the Requirements of H.J. Res. 114- In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under article II, section 3 of the Constitution ‘to take care that the laws be faithfully executed’, exceeded his Constitutional authority to wage war by invading Iraq in 2003 without meeting the requirements of H.J. Res. 114, the ‘Authorization for Use of Military Force Against Iraq Resolution of 2002’ to wit:
- (1) H.J. Res. 114 contains several Whereas clauses consistent with statements being made by the White House at the time regarding the threat from Iraq as evidenced by the following:
- (A) H.J. Res. 114 states ‘Whereas Iraq both poses a continuing threat to the national security of the United States and international peace and security in the Persian Gulf region and remains in material and unacceptable breach of its international obligations by, among other things, continuing to possess and develop a significant chemical and biological weapons capability, actively seeking a nuclear weapons capability, and supporting and harboring terrorist organizations;’; and
(B) H.J. Res. 114 states ‘Whereas members of Al Qaeda, an organization bearing responsibility for attacks on the United States, its citizens, and interests, including the attacks that occurred on September 11, 2001, are known to be in Iraq;’.
(2) H.J. Res. 114 states that the President must provide a determination, the truthfulness of which is implied, that military force is necessary in order to use the authorization, as evidenced by the following:
- (A) Section 3 of H.J. Res. 114 states:
‘(b) PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that--
- ‘(1) reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and
‘(2) acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.’.
(3) On March 18, 2003, President George Bush sent a letter to Congress stating that he had made that determination as evidenced by the following:
- (A) March 18th, 2003 Letter to Congress stating: ‘Consistent with section 3(b) of the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), and based on information available to me, including that in the enclosed document, I determine that:
- ‘(i) reliance by the United States on further diplomatic and other peaceful means alone will neither (A) adequately protect the national security of the United States against the continuing threat posed by Iraq nor (B) likely lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq; and
‘(ii) acting pursuant to the Constitution and Public Law 107-243 is consistent with the United States and other countries continuing to take the necessary actions against international terrorists and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.’.
(4) President George Bush knew that these statements were false as evidenced by:
- (A) Information provided with articles I, II, III, IV, and V.
(B) A statement by President George Bush in an interview with Tony Blair on January 31st, 2003: [WH]
Reporter: ‘One question for you both. Do you believe that there is a link between Saddam Hussein, a direct link, and the men who attacked on September the 11th?’
President Bush: ‘I can’t make that claim’.
(C) An article on February 19th by Terrorism expert Rohan Gunaratna states ‘I could find no evidence of links between Iraq and Al Qaeda. The documentation and interviews indicated that Al Qaeda regarded Saddam, a secular leader, as an infidel.’. [International Herald Tribune]
(D) According to a February 2nd, 2003 article in the New York Times: [NYT]
At the Federal Bureau of Investigation, some investigators said they were baffled by the Bush administration’s insistence on a solid link between Iraq and Osama bin Laden’s network. ‘We’ve been looking at this hard for more than a year and you know what, we just don’t think it’s there’, a government official said.
(5) Section 3C of H.J. Res 114 states that ‘Nothing in this joint resolution supersedes any requirement of the War Powers Resolution.’.
(6) The War Powers Resolution Section 9(d)(1) states:
‘(d) Nothing in this joint resolution--
- ‘(1) is intended to alter the constitutional authority of the Congress or of the President, or the provision of existing treaties; or’.
(7) The United Nations Charter was an existing treaty and, as shown in article VIII, the invasion of Iraq violated that treaty.
(8) President George Bush knowingly failed to meet the requirements of H.J. Res. 114 and violated the requirement of the War Powers Resolution and, thereby, invaded Iraq without the authority of Congress.
Article VII--Invading Iraq Absent a Declaration of War In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under article II, section 3 of the Constitution ‘to take care that the laws be faithfully executed’, has launched a war against Iraq absent any congressional declaration of war or equivalent action.
Article I, section 8, clause 11 (the War Powers Clause) makes clear that the United States Congress holds the exclusive power to decide whether or not to send the nation into war. ‘The Congress’, the War Powers Clause states, ‘shall have power . . . To declare war . . .’
The October 2002 congressional resolution on Iraq did not constitute a declaration of war or equivalent action. The resolution stated: ‘The President is authorized to use the Armed Forces of the United States as he deems necessary and appropriate in order to (1) defend the national security of the United States against the continuing threat posed by Iraq; and (2) enforce all relevant United Nations Security Council resolutions regarding Iraq.’ The resolution unlawfully sought to delegate to the President the decision of whether or not to initiate a war against Iraq, based on whether he deemed it ‘necessary and appropriate.’ The Constitution does not allow Congress to delegate this exclusive power to the President, nor does it allow the President to seize this power.
In March 2003, the President launched a war against Iraq without any constitutional authority.
In all of these actions and decisions, President George W. Bush has acted in a manner contrary to his trust as President and Commander in Chief, and subversive of constitutional government, to the prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, President George W. Bush, by such conduct, is guilty of an impeachable offense warranting removal from office.
Originally Posted by jimnyc
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