No Comment — August 10, 2007, 2:19 pm

The Biden Option

In an interesting interview published in the current issue of Newsweek, Senator Joe Biden responds to a question about possible impeachment actions against major actors in the Bush Administration with an alternative proposal:

Newsweek: You once called Slobodan Milosevic a war criminal to his face. You also told Dick Cheney that, were he not a constitutional officer, the president should fire him. So when it comes to the mistakes made in Iraq, why should impeachment of President Bush be off the table?

Biden: It shouldn’t be. But impeachment like everything else is a matter of priorities and responsibility. In order to move on impeachment now, we would be put in a position at a very, very delicate time in our nation’s history, of having necessarily to take our eye off the ball on a host of other things that will have longer-lasting impact on the security of this country. As a practical matter, it sucks all the oxygen out of the air. We would effectively be paralyzed for the next six months or longer . . . The alternative, and it’s taken me time to think through, I think we should be acquiring and accumulating all the data that is appropriate for possibly bringing criminal charges against members of this administration at a later date.

These points are not mutually exclusive, and Biden’s observation rests on an important point. He’s right that an impeachment process would bring the entire legislative process to close to a standstill. It’s also the case that impeachment and conviction works a removal from office, nothing more than that. The time remaining in the hands of these officeholders is already short.

Biden is certainly thinking about the longer term. What does it mean to have senior government officers who commit a series of high crimes and get away with it? That all future officeholders will have the same right to conduct their affairs above the law? That would make this country into much less of a democracy that the Founding Fathers gave us in 1789. A subsequent prosecution is a proper approach. And today, it’s vitally important that documentation of the criminal acts which have been committed be safely stored away so it can be used in future prosecutions: that includes evidence of the formulation of torture policy; the systematic evasion of the FISA statute; the use of the criminal justice system as a tool for political persecution.

These are all extremely serious crimes, and the perpetrators need to be called to account. Since Alberto Gonzales is a kingpin in this scheme, there is no chance that he will lead the effort. The job would have to await the arrival of a successor who is prepared to take his oath seriously and uphold the law.

Biden’s option is a serious approach, and one to be considered whether impeachment efforts proceed or not.

Share
Single Page

More from Scott Horton:

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

July 2016

The Ideology of Isolation

= Subscribers only.
Sign in here.
Subscribe here.

American Idle

= Subscribers only.
Sign in here.
Subscribe here.

My Holy Land Vacation

= Subscribers only.
Sign in here.
Subscribe here.

The City That Bleeds

= Subscribers only.
Sign in here.
Subscribe here.

El Bloqueo

= Subscribers only.
Sign in here.
Subscribe here.

Vladivostok Station

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
My Holy Land Vacation·

= Subscribers only.
Sign in here.
Subscribe here.

"I wanted to more fully understand why conservative politics had become synonymous with no-questions-asked support of Israel."
Illustration (detail) by Matthew Richardson
Post
Inside the July Issue·

= Subscribers only.
Sign in here.
Subscribe here.

Tom Bissell on touring Israel with Christian Zionists, Joy Gordon on the Cuban embargo, Lawrence Jackson on Freddie Gray and the makings of an American uprising, a story by Paul Yoon, and more

Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.

The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.

Artwork: Camels, Jerusalem (detail) copyright Martin Parr/Magnum Photos
Post
Europe’s Hamilton Moment·

= Subscribers only.
Sign in here.
Subscribe here.

"We all know in France that as soon as a politician starts saying that some problem will be solved at the European level, that means no one is going to do anything."
Photograph (detail) by Stefan Boness
[Report]
How to Make Your Own AR-15·

= Subscribers only.
Sign in here.
Subscribe here.

Even if federal gun-control advocates got everything they wanted, they couldn’t prevent America’s most popular rifle from being made, sold, and used. Understanding why this is true requires an examination of how the firearm is made.
Illustration by Jeremy Traum
Article
The City That Bleeds·

= Subscribers only.
Sign in here.
Subscribe here.

"Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing."
Photograph (detail) © Wil Sands/Fractures Collective

Number of Turkish college students detained in the last year for requesting Kurdish-language classes:

1,146

Turkey was funding a search for Suleiman the Magnificent’s heart.

A former prison in Philadelphia that has served as a horror-movie set was being prepared as a detention center for protesters arrested at the upcoming Democratic National Convention, and presumptive Republican presidential nominee Donald Trump fired his campaign manager.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today