Mr. Chief Justice, Counsel for the President and Distinguished
Members of the Senate:
One of the most memorable aspects of this proceeding was the
solemn occasion wherein every Senator in this chamber took an
oath to do impartial justice under the Constitution.
The President of the United States took an oath to tell the
truth in his testimony before the grand jury, just as he
had, on two prior occasions, sworn a solemn oath to preserve,
protect and defend the Constitution and to "faithfully
execute the laws of the United States."
Despite massive and relentless efforts to change the subject,
the case before you Senators is not about sexual misconduct
or adulterythose are private acts and none of our
business.
It is not even a question of lying about sex.
The matter before this body is a question of lying under
oath. This is a public act.
The matter before you is a question of the willful, premeditated
deliberate corruption of the nation's system of justice, through
Perjury and Obstruction of Justice. These are public acts,
and when committed by the chief law enforcement officer of the
land, the one who appoints the Attorney General and nominates
the Judiciarythese do become the concern of Congress.
That is why your judgment should rise above politics, above partisanship,
above polling data. This case is a test of whether what
the Founding Fathers described as "sacred honor" still has meaning
in our time: two hundred twenty-two years after those two wordssacred
honorwere inscribed in our country's birth certificate,
our charter of freedom, our Declaration of Independence.
Every school child in the United States has an intuitive sense
of the "sacred honor" that is one of the foundation stones of
the American house of freedom. For every day, in every classroom
in America, our children and grandchildren pledge allegiance to
a nation, "under God." That statement, that America is "one nation
under God," is not a prideful or arrogant claim.
It is a statement of humility: all of us, as individuals, stand
under the judgment of God, or the transcendent truths by which
we hope, finally, to be judged.
So does our country.
The Presidency is an office of trust. Every public office is
a public trust, but the Office of President is a very special
public trust. The President is the trustee of the national conscience.
No one owns the office of President, the people do. The
President is elected by the people and their representatives in
the electoral college. And in accepting the burdens of that great
office, the President, in his inaugural oath, enters into a covenanta
binding agreement of mutual trust and obligationwith the
American people.
Shortly after his election and during his first months in office,
President Clinton spoke with some frequency about a "new covenant"
in America. In this instance, let us take the President at his
word: that his office is a covenanta solemn pact
of mutual trust and obligationwith the American people.
Let us take the President seriously when he speaks of covenants:
because a covenant is about promise-making and promise-keeping.
For it is because the President has defaulted on the promises
he madeit is because he has violated the oaths he has swornthat
he has been impeached.
The debate about impeachment during the Constitutional Convention
of 1787 makes it clear that the Framers of the Constitution regarded
impeachment and removal from office on conviction as a remedy
for a fundamental betrayal of trust by the President.
The Framers had invested the presidential office with great powers.
They knew that those powers could beand would beabused
if any President were to violate, in a fundamental way, the oath
he had sworn to faithfully execute the nation's laws.
For if the President did so violate his oath of office,
the covenant of trust between himself and the American people
would be broken.
Today, we see something else: that the fundamental
trust between America and the world can be broken, if a
presidential perjurer represents our country in world affairs.
If the President calculatedly and repeatedly violates his
oath, if the President breaks the covenant of trust he has made
with the American people, he can no longer be trusted. And, because
the executive plays so large a role in representing the country
to the world, America can no longer be trusted.
It is often said that we live in an age of increasing interdependence.
If that is true, and the evidence for it is all around
us, then the future will require an even stronger bond of trust
between the President and the nation: because with increasing
interdependence comes an increased necessity of trust.
This is one of the basic lessons of life. Parents and children
know this. Husbands and wives know it. Teachers and students know
it, as do doctors and patients, suppliers and customers, lawyers
and clients, clergy and parishioners: the greater the interdependence,
the greater the necessity of trust; the greater the interdependence,
the greater the imperative of promise-keeping.
Trust, not what James Madison called the "parchment
barriers" of laws, is the fundamental bond between the people
and their elected representatives, between those who govern and
those who are governed. Trust is the mortar that
secures the foundations of the American house of freedom. And
the Senate of the United States, sitting in judgment in this impeachment
trial, should not ignore, or minimize, or dismiss the fact that
the bond of trust has been broken, because the President has violated
both his oaths of office and the oath he took before his grand
jury testimony.
In recent months, it has often been askedit has too often
been askedso what? What is the harm done by this lying under
oath, by this perjury?
I think the answer would have been clear to those who once pledged
their sacred honor to the cause of liberty.
The answer would have been clear to those who crafted the world's
most enduring written constitution.
No greater harm can be done than breaking the covenant of trust
between the President and the people; between the three branches
of our government; and between the country and the world.
For to break that covenant of trust is to dissolve the mortar
that binds the foundation stones of our freedom into a secure
and solid edifice. And to break that covenant of trust by violating
one's oath is to do grave damage to the rule of law among us.
That none of us is above the law is a bedrock principle
of democracy. To erode that bedrock is to risk even further injustice.
To erode that bedrock is to subscribe, to a "divine right of kings"
theory of governance, in which those who govern are absolved from
adhering to the basic moral standards to which the governed are
accountable.
We must never tolerate one law for the Ruler, and another for
the Ruled. If we do, we break faith with our ancestors
from Bunker Hill, Lexington and Concord to Flanders Field, Normandy,
Iwo Jima, Panmunjon, Saigon and Desert Storm.
Let us be clear: The vote that you 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, painfully
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
bondage, saw in law a means to avoid falling back
into the habit 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 the Magna Carta, by which the freeman 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 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 honor - sacred honor
- to the defense of the rule of law.
We are the heirs of a tragic 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 aspiration 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 in a truly
democratic society.
Lying under oath is an abuse of freedom. Obstruction of Justice
is a degradation of law. There are people in prison for just such
offenses. What in the world do we say to them about Equal Justice
if we overlook this conduct in the President?
Some may say, as many have said in recent months, that this
is to pitch the matter too high. The President's lie, it is said,
was about a "trivial matter;" it was a lie to spare embarrassment
about misconduct on a "private occasion."
The confusing of what is essentially a private matter, and none
of our business, with lying under oath to a court and a grand
jury has been only one of the distractions we have had to deal
with.
Senators: as men and women with a serious experience of public
affairs, we can all imagine, a situation in which a President
might shade the truth when a great issue of the national interest
or the national security was at stake. We have all been over that
terrain. We know the thin ice on which any of us skates when blurring
the edges of the truth for what we consider a compelling, demanding
public purpose.
Morally serious men and women can imagine circumstances, at
the far edge of the morally permissible, when, with the gravest
matters of national interest at stake, a President could shade
the truth in order to serve the common good. But under oath....
for a private pleasure?
In doing this, the Office of President of the United States
has been debased...and the Justice System jeopardized.
In doing this, he has broken his covenant of trust with the
American people.
The Framers of the Constitution also knew that the Office of
President of the United States could be gravely damaged if it
continued to be unworthily occupied. That is why they devised
the process of impeachment by the House and trial by the Senate.
It is, in truth, a direct process. If, on impeachment, the President
is convicted, he is removed from officeand the Office itself
suffers no permanent damage. If, on impeachment, the President
is acquitted, the issue is resolved once and for all, and
the Office is similarly protected from permanent damage.
But if, on impeachment, the President is not convicted
and removed from office despite the fact that numerous Senators
are convinced that he has, in the words of one proposed resolution
of censure, "egregiously failed" the test of his oath of office,
"violated the trust of the American people," and "dishonored the
office which they entrusted to him," then the Office of the Presidency
has been deeply, and perhaps permanently, damaged.
And that is a further reason why President Clinton must
be convicted of the charges brought before you by the House of
Representatives, and removed from office. To fail to do so, while
conceding that the President has engaged in egregious and dishonorable
behavior that has broken the covenant of trust between himself
and the American people, is to diminish the office of President
of the United States in an unprecedented and unacceptable way.
Senators: please permit me a word on my own behalf and on behalf
of my colleagues of the House. It is necessary to clarify an important
point.
None of us comes to this chamber today without a profound sense
of our own responsibilities in life, and of the many ways in which
we have failed to meet those responsibilities, to one degree or
another. None of us comes before you claiming to be a perfect
man or a perfect citizen, just as none of you imagines yourself
perfect. All of us, members of the House and Senate, know that
we come to this difficult task as flawed human beings, under judgment.
That is the way of this world: flawed human beings must, according
to the rule of law, judge other flawed human beings.
But the issue before the Senate of the United States is not
the question of its own members' personal moral condition. Nor
is the issue before the Senate the question of the personal moral
condition of the members of the House of Representatives. The
issue here is whether the President of the United States
has violated the rule of law and thereby broken his covenant of
trust with the American people. This is a public
issue, involving the gravest matter of the public
interest. And it is not effected, one way or another, by the personal
moral condition of any member of either house of Congress, or
by whatever expressions of personal chagrin the President has
managed to express.
Senators: we of the House do not come before you today lightly.
And, if you will permit me, it is a disservice to the House to
suggest that it has brought these articles of impeachment before
you in a frivolous, mean-spirited, or irresponsible way. That
is not true.
We have brought these articles of impeachment because we are
convinced, in conscience, that the President of the United States
lied under oath: that the President committed perjury on several
occasions before a Federal grand jury. We have brought these articles
of impeachment because we are convinced, in conscience, that the
President willfully obstructed justice, and thereby threatened
the legal system he swore a solemn oath to protect and defend.
These are not trivial matters. These are not partisan matters.
These are matters of justice, the justice that each of
you has taken a solemn oath to serve in this trial.
Some of us have been called "Clinton-haters." I must tell you,
distinguished Senators, that this impeachment is not, for those
of us from the House, a question of hating anyone. This is not
a question of who we hate, this is a question of what we love:
and among the things we love are the rule of law, equal justice
before the law, and honor in our public life. All of us are trying
as hard as we can to do our duty as we see it...no more and no
less.
Senators: This trial is being watched around the world. Some
of those watching, thinking themselves superior in their cynicism,
wonder what it is all about. But others know.
Political prisoners know that this is about the rule of lawthe
great alternative to arbitrary and unchecked state power.
The families of executed dissidents know that this is about the
rule of lawthe great alternative to the lethal abuse of
power by the state.
Those yearning for freedom know that this is about the rule of
lawthe hard-won structure by which men and women
can live by their God-given dignity and secure their God-given
rights in ways that serve the common good.
If they know this, can we not know it?
If, across the river in Arlington Cemetery, there are American
heroes who died in defense of the rule of law, can we give
less than the full measure of our devotion to that great
cause?
I have received a letter last week that expresses my feelings
far better than my poor words.
[LETTER]
Mr. Chief Justice and Senators-
On June 6, 1994, the 50th anniversary of the American
landing on the beaches of Normandy, I stood among the field of
white crosses and Stars of David. The British had a military band
of bagpipes playing Amazing Grace. I walked up to one cross to
read a name, but there was none. All it said was "Here lies in
Honored Glory a Comrade in Arms Known but to God."
How do we keep the faith with that comrade in arms? Go to the
Vietnam Memorial on the National Mall and press your hands against
some of the 58,000 names carved in the wall and ask yourself how
we can redeem the debt we owe all those who purchased our freedom
with their lives.
How do we keep faith with them?
I think I know how, we work to make this country the kind of
America they were willing to die for. That's an America where
the idea of sacred honor still has the power to stir men's souls.
I hope that a hundred years from today, people will look back
at what we have done and say they kept the faith.
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