BILL REQ. #:  S-4418.1 

READ FIRST TIME 01/22/08.   

     TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The citizens of Washington State expect and require their highest elected officials be subject to the laws of the land, like any citizen, and uphold the constitutional oath taken by them upon assuming office; and
     WHEREAS, In 2001, the President signed a secret executive order authorizing warrantless surveillance of American citizens in direct conflict with the United States Constitution and United States law; and
     WHEREAS, The President both demonstrated knowledge of the law he was breaking, and lied about breaking the law by stating on April 20, 2004, ". . . a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so."; and
     WHEREAS, The President again demonstrated knowledge of the law he was breaking and again lied about his lawlessness by stating on July 20, 2005, "Law enforcement officers need a federal judge's permission to wiretap a foreign terrorist's phone, or to track his calls, or to search his property. Officers must meet strict standards to use any of the tools we're talking about."; and
     WHEREAS, This unwarranted and unlawful, and seemingly unconstitutional surveillance program is still being used to spy on American citizens; and
     WHEREAS, The President's authorization and subsequent lies about an unwarranted, unlawful, and apparently unconstitutional surveillance program would seem to constitute an impeachable offense; and
     WHEREAS, United States and International law forbid invading a foreign country without provocation; and
     WHEREAS, On September 16, 2004, the Secretary General of the United Nations Kofi Annan, commented on the United States invasion of Iraq by stating: "It was not in conformity with the United Nations charter. From our point of view, from the charter point of view, it was illegal."; and
     WHEREAS, In October 2002, Congress authorized the President to use his discretion to decide whether or not to use force against Iraq; and
     WHEREAS, The President and Vice President misled Congress and the American people about the potential threat of Iraq; and
     WHEREAS, The President and Vice President were either deliberately deceitful or willfully ignorant about the potential threat of Iraq; and
     WHEREAS, On March 19, 2003, the President, acting on his sole discretion, ordered the illegal invasion of Iraq, according to his letter to Congress dated March 21, 2003, stating "I directed United States Armed Forces, operating with other coalition forces, to commence combat operations on March 19, 2003, against Iraq."; and
     WHEREAS, Misleading the Congress and the American people to justify invading another country in direct violation of International and United States laws would seem to constitute an impeachable act; and
     WHEREAS, The President, acting with the support of the Vice President and the former Attorney General who resigned under threat of impeachment, authorized the abusive treatment of prisoners; and
     WHEREAS, When Congress sought to reaffirm the United States prohibition on torture by passing a 2005 antitorture law, the President signed the law with a signing statement that effectively states that the President has the right to torture at his discretion because, "The executive branch shall construe . . . the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch . . ."; and
     WHEREAS, The abusive techniques authorized by the President were committed during an armed conflict; and
     WHEREAS, The abusive techniques authorized by the President have previously been classified as torture and prosecuted as a war crime by the United States; and
     WHEREAS, International law defines torture during an armed conflict as a war crime; and
     WHEREAS, In 1947 the United States charged a Japanese officer, Yukio Asano, with war crimes for waterboarding a United States civilian; and
     WHEREAS, International law defines that a commander involved in ordering, allowing, or insufficiently preventing and prosecuting a war crime is criminally liable under the Command Responsibility doctrine; and
     WHEREAS, The President appears to be guilty of war crimes by simple application of the Command Responsibility doctrine to the publicly known facts; and
     WHEREAS, Illegally authorizing torture in violation of United States and International laws, and committing war crimes would seem to constitute an impeachable offense; and
     WHEREAS, Based on the overwhelming evidence that has been presented to the American people as established in this resolution, numerous grounds for impeachment appear to exist; and
     WHEREAS, Such offenses, if committed, are subversive of constitutional government to the great prejudice of the cause of law and justice, and to the manifest injury of the people of Washington state and of the United States of America; and
     WHEREAS, Petitions from the country at large may be presented by the Speaker of the House of Representatives according to Clause 3 of House Rule XII; and
     WHEREAS, Jefferson's Manual section LIII, 603, states that impeachment may be set in motion by charges transmitted from the legislature of a state; and
     WHEREAS, Impeachment is a process defined in the United States Constitution by which charges are brought against a President or Vice President or civil officers of the United States in the House of Representatives; and
     WHEREAS, The filing of these charges is followed by a trial in the United States Senate that determines guilt or innocence; and
     WHEREAS, If the President or Vice President committed such offenses, ignoring these offenses would undermine core American values of truth and justice; and
     WHEREAS, Failing to impeach the President and Vice President if they have committed such offenses would signal tacit approval of these activities and sanction their use by future administrations; and
     WHEREAS, Failing to impeach the President and Vice President simply because they are serving their second term would signal future administrations that any high crime or misdemeanor, if committed or covered up until their second term, will be tolerated until an upcoming election; and
     WHEREAS, Freedom and liberty, and the laws and the Constitution of the United States of America can only be protected by Americans; and
     WHEREAS, America has only until January 20, 2009, to signal to history that America will not sanction torture, America will not sanction unprovoked war, and America will not sanction illegal spying; and
     WHEREAS, America will defend herself from all enemies foreign and domestic; and
     WHEREAS, America will protect the integrity of the Constitution and the Executive branch; and
     WHEREAS, We, your Memorialists, have each sworn an oath to protect the United States Constitution;
     NOW, THEREFORE, Your Memorialists exhort our Representatives in the United States Congress to charge President George W. Bush and Vice President Richard B. Cheney with the above offenses and commence a full investigation and trial in the United States Senate; and
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress.