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Mr. Speaker, my colleagues of the people's House:
I wish to talk to you about the rule of law.
After months of argument and hours of debate, there is no need
for further complexity.
The question before this House is quite simple.
It is not a question of sex. Sexual misconduct and adultery are
private acts and none of Congress's business.
It is not a question of lying about sex.
The matter before the House is a question of lying under
oath. This is a public act.
This is called "perjury."
The matter before the House is a question of the willful, premeditated,
deliberate, shameless corruption of the nation's
system of justice.
Perjury and obstruction of justice cannot be reconciled with
the Office of the President of the United States.
That, and nothing other than that, is the issue before
us.
The personal fate of a President is not the issue. The
political fate of his party is not the issue. The Dow Jones
Industrial Average is not the issue.
The issue is perjury - lying under oath. The issue is
the obstruction of justice, which the President has sworn
the most solemn oath to uphold.
That oath constituted a compact between the President and the
American people. That compact has been broken. The people's trust
has been betrayed. The nation's chief executive has shown himself
incapable of enforcing its laws, for he has corrupted the rule
of law by his perjury and his obstruction of justice.
That, and nothing other than that, is the issue before this House.
We have heard ceaselessly that even if the President is guilty
of the charges in the Starr referral, they don't rise to the level
of an impeachable offense. Just what is an impeachable offense?
One authority (professor Stephen Presser of Northwestern Law School)
said that "Impeachable offenses are those which demonstrate a
fundamental betrayal of public trust; they...suggest the federal
official...has deliberately failed in his duty to uphold the Constitution
and laws he was sworn to enforce."
And so we must decide if a Presidentthe Chief Law Enforcement
Officer in the landthe person who appoints the Attorney
General, and the only person with a Constitutional obligation
to "take care that the laws are faithfully executed" can lie under
oath, repeatedly, and maintain that is not a breach of trust sufficient
for impeachment?
The President is the trustee of the nation's conscienceas
are we here today. There have been many pyrotechnics in our Committee
hearings on the respective role of the House and the Senate. Under
the Constitution, the House accuses, and the Senate judges. True,
the formula language of our articles recites the ultimate goal
of removal from office but this language doesn't trump the Constitution
which defines the separate functions, the different functions
of the House and Senate. Our Founding Fathers didn't want the
Body that accuses to be the same one that renders final judgment
and they set up the additional safeguard that a two-thirds vote
for removal is required. So despite their protests, our job is
to decide if there is enough evidence to submit to the Senate
for a trialthat's what the Constitution says, no matter
what the President's defenders say.
When Ben Franklin, on September 18, 1787 told a Mrs. Powel that
the Founders and Framers had given us a Republic "if you can keep
it", perhaps he anticipated a future time when bedrock principles
of our democracy would be mortally threatenedas the Rule
of Law stands in the line of fire today.
Nothing I can think of more clearly illustrates that America
is a continuing experimentnever finishedthat our democracy
is always a work in progress than this debate today, for we sit
here with the power to shape and reconfigure the charter of our
freedom, just as the Founders and Framers did. We can strengthen
our Constitution by giving it content and meaning, or weaken and
wound it by tolerating (and thus encouraging) lies under oath
and evasions and breaches of trust on the part of our Chief Executive.
The President's defenders in this House have rarely denied the
facts of this matter. They have not seriously challenged the contention
of the independent counsel that the President did not tell the
truth in two sworn testimonies. They have not seriously attempted
to discredit the facts brought before the Committee by the independent
counsel. They have admitted, in effect, "He did it." But then
they have argued that this does not rise to the level of an impeachable
offense. This is the "so- what" defense whereby the Chief Executive,
the successor to George Washington, can cheapen the oath, and
it really doesn't matter.
They suggest that to impeach the President is to "Reverse the
result of a national election"as if Senator Dole would become
President. They propose novel remedies, like a Congressional censure,
that may appease some constituents and mollify the press, but
which betray a lack of seriousness about the Constitution, the
separation of powers, and the carefully-balanced relationship
between the Congress and the President that was wisely crafted
by the Framers. A resolution of censure, to mean anything must
punish, if only to tarnish his reputationand we have no
constitutional authority to punish the President.
As you know, we have been attacked for not producing fact witnesses.
But this is the first impeachment inquiry in history with an Office
of Independent Counsel in place, and their referral to us consisted
of 60,000 pages of sworn testimony, grand jury transcripts, depositions,
statements, affidavits and video and audio tapes. We had the factsunder
oathwe had Ms. Lewinsky's heavily corroborated testimony
under a grant of immunity that would be revoked if she liedwe
accepted that and so did they, else why didn't they call her and
any others whose credibility they questioned, as their own witnesses?
No, there was so little dispute on the facts they called no fact
witnesses and have even based a resolution of censure on the same
facts!
Let us be clear: The vote that all of us are asked to cast is,
in the final analysis, a vote about the rule of law.
The rule of law is one of the great achievements of our civilization.
For the alternative to the rule of law is the rule of raw power.
We here today, are the heirs of three thousand years of history
in which humanity slowly, and at great cost, evolved a form of
politics in which law, not brute force, is the arbiter of our
public destinies.
We are the heirs of the Ten Commandments and the Mosaic law:
a moral code for a free people who, having been liberated from
cruel bondage, saw in law a means to avoid falling back into the
habits of slaves.
We are the heirs of Roman law: the first legal system by which
peoples of different cultures, languages, races, and religions
came to live together in a form of political community.
We are the heirs of Magna Carta, by which the freemen of England
began to break the arbitrary and unchecked power of royal absolutism.
We are the heirs of a long tradition of parliamentary development,
in which the rule of law gradually came to replace the royal prerogative
as the means for governing a society of free men and women.
We are the heirs of 1776, and of an epic moment in human affairs
when the Founders of this Republic pledged their lives, fortunes
and sacred honorsacred honorto the defense
of the rule of law.
We are the heirs of a hard-fought civil war, which vindicated
the rule of law over the appetites of some for owning others.
We are the heirs of the 20th century's great struggles
against totalitarianism, in which the rule of law was defended
at immense cost against the worst tyrannies in human history.
The "rule of law" is no pious phrase from a civics textbook. The
rule of law is what stands between all of us and the arbitrary
exercise of power by the state. The rule of law is the safeguard
of our liberties. The rule of law is what allows us to live our
freedom in ways that honor the freedom of others while strengthening
the common good. The rule of law is like a three-legged stool:
one leg is an honest judge, the second leg is an ethical bar,
and the third is an enforceable oath. All three are indispensable
to avoid political collapse.
In 1838, Abraham Lincoln celebrated the rule of law before the
Young Men's Lyceum of Springfield, Illinois, and linked it to
the perpetuation of American liberties and American political
institutions:
"Let every American, every lover of liberty, every well wisher
to his posterity, swear by the blood of the Revolution never to
violate in the least particular the laws of the country; and never
to tolerate their violation by others. As the patriots of seventy-six
did to the support of the Declaration of Independence, so to the
support of the Constitution and Laws let every American pledge
his life, his property, and his sacred honor; let every man remember
that to violate the law is to trample on the blood of his father,
and to tear the character of his own and his children's liberty.
Let reverence for the laws be breathed by every American mother
to the lisping babe that prattles on her laplet it be taught
in schools, in seminaries, and in collegeslet it be written
in primers, spelling books, and almanacslet it be preached
from the pulpit, proclaimed in legislative halls, and enforced
in courts of justice."
My colleagues we have been sent here to strengthen and defend
the rule of lawnot to weaken it, not to attenuate it, not
to disfigure it while seeking an extra-legal and extra-constitutional
solution to the threat posed to the Republic by a presidential
perjurer.
This is not a question of perfection; it is a question of foundations.
This is not a matter of setting the bar too high; it is a matter
of securing the basic structure of our freedom, which is the rule
of law.
No man or womanno matter how highly placed, no matter how
effective a communicator, no matter how gifted a manipulator of
opinion polls or winner of votescan be above the law in
a democracy.
That is not a counsel of perfection; that is a rock-bottom, irreducible
principle of our public life.
There is no avoiding the issue before us. We are, in one way
or another, establishing the parameters of permissible presidential
conduct. In creating a presidential system, the framers invested
that Office with exceptional powers. If those powers are not exercised
within the boundaries of the rule of lawif the President
breaks the law by perjury and obstructs justice by willfully corrupting
the legal systemthen that President must be removed from
office. We cannot have one law for the ruler, and another for
the ruled.
This was, once, broadly understood in our land. If that understanding
is lost, or if it becomes seriously eroded, the American democratic
experiment and the freedom it guarantees, is in jeopardy.
That, and not the fate of one man, or one political party, or
one electoral cycle, is what we are being asked to vote on today.
In casting our votes, we should look, not simply to those privileged
to work in this chamber with us, but to the past and to the future.
Let us look across the river, to Arlington National Cemetery,
where American heroes who gave their lives for the sake of the
rule of law lie buried.
And let us not betray their memory.
Let us look into the future, to the children of today who are
the Presidents and Members of Congress of the 21st
century.
And let us not crush their hope that they, too, will inherit
a law-governed society.
Let us declare, unmistakably, that perjury and the obstruction
of justice disqualify a man from retaining the presidency of the
United States.
There are a mountain of details which are assembled in a coherent
mosaic in the Reportit reads like a novel, only it's non-fictionit
really happened and the corroboration is compelling. Read the
Report and be convinced.
What we are telling you today are not the ravings of some vast
right-wing conspiracy, but a reaffirmation of a set of values
that are tarnished and dim these days, but it is given to us to
restore them so our Founding Fathers would be proud.
It's your countrythe President is our flag bearer, out
in front of our people. The flag is falling my friendsI
ask you to catch the falling flag as we keep our appointment with
history.
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