Are Presidents Above the Law?

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Kenn Jacobine
Kenn Jacobine



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In 1990, navy admiral John Stufflebeem, as part of an eight month ongoing extra-marital affair, had sex in the White House with a federal employee. When questioned by navy investigators about the impropriety, Stufflebeem’s response was “I did not have sex with this women”. When the report was submitted to Pentagon officials in March, Rear Admiral John Stufflebeem was demoted and fired from his post as director of the Navy staff. On April 18, he was convicted of making false statements to investigators and allowed to “retire” from the navy.

Does the above story seem vaguely familiar? Did we not have a president in the same decade that had an extra-marital affair with a government intern in the White House and then lie about it (“I did not have sex with that women, Ms. Lewinski”)? The difference between the two stories is that the president harmed someone legally by perjuring himself under oath (denying extra-marital sex with Lewinski refuted Paula Jones’ contention that Clinton had a track record of womanizing thus hurting her civil suit against the President). The other difference of course is that while Stufflebeem lost his position and was eventually dismissed from the navy, the President didn’t lose his job or face any criminal prosecution for lying under oath.

Presidential immunity from prosecution was certainly not birthed by Bill Clinton. For that conception we go back to that beacon of presidential morality and paranoia, Richard Nixon. Nixon’s crime was obstruction of justice in the Watergate Affair. If he hadn’t resigned he most certainly would have been impeached and probably removed from office. However, unlike others in his administration, he didn’t face criminal prosecution for his part in the scandal because Gerald Ford issued him a presidential pardon.

At the time of the pardon, Ford reasoned that the country had suffered enough from Watergate thus distracting it from pressing issues and a long criminal trial for Nixon would make that suffering linger thereby further damaging the country. Historians debate the merits of this thinking. Some argue that the ultimate effect of the pardon was to give future presidents confidence that they too would be immune from prosecution for wrongdoing based on Ford’s reasoning.

Perhaps, it was this confidence that motivated our current president to make 259 false statements about Iraq having weapons of mass destruction and Saddam Hussein having links to al-Qaeda in speeches and interviews in the two years leading up to the war with Iraq. According to the Center for Public Integrity, the President’s mistruths “were part of an orchestrated campaign that effectively galvanized public opinion and, in the process, led the nation to war under decidedly false pretenses”. Lying to persuade the country to go to war would have to fall under the impeachable offenses of “high crimes and misdemeanors”. But, because the Congress and media either don’t care or do not want to hurt the war effort and therefore the country, Bush will get away with his deceit.

As John Stufflebeem’s saga proves, there are consequences to bad actions – that is at least for Americans who aren’t president. Those that sit in that chair seem shielded from the consequences of their actions because it would hurt the country as well. The problem is that succeeding presidents seem to keep outdoing those that come before them in the size of their crime. Nixon covered up a second rate burglary of a hotel room. Clinton denied a woman her day in court by lying under oath. Bush’s lies have led to the loss of nearly four thousand American lives and over one million Iraqi lives. God help us if this upward trend continues.

Resource:
The center for Public Integrity: http://www.publicintegrity.org

Kenn Jacobine teaches History and English for the American International School of Lusaka, Zambia. Send him email at lovesliberty@gmail.com.


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Posted by SRJamess on Fri, 09/26/2008 - 02:54
We should impeach routinely.

The president of the United States is the most powerful position in the world. We should expect and demand the highest standards. There are 300 million people in the country. Surely we can find someone who is honest, law-abiding and willing to uphold the constitution. When presidents demonstrate that they are less than that then we should thrown them out. We should not allow our country to be run by degenerates or criminals or psychotics.

Posted by David S on Fri, 08/22/2008 - 17:35
I think

That if it's used too often then it would be used more as a political tool and not how it's intended to be used. There's no doubt that we currently have the most impeachable president in history at this point so it's immensely justified in this instance but i would hate to see it turn into a lesser form of punishment through over use. I can totally see people trying to impeach someone because they don't agree with them.

That said, i'd like to see more states pass laws that allow citizens to recall their reps. It's yet another thing that has the danger of being over used but in this case where our reps are ignoring us and flat out telling us no to our requests for impeachment and have been doing so for a couple of years now i think we should be able to "fire" them.

"What luck for Rulers that Men do not think" - Hitler

Izult Posted by Izult on Fri, 08/22/2008 - 21:05
I don't think it would be overused

Right now impeachment is under-used. We've never actually thrown out any president by impeachment, even though there have been some real scoundrels in the white house. Of course there has to be legitimate reason for doing it, like not upholding the constitution, lying under oath, bribery etc. You couldn't just impeach a president because the congress is controlled by the opposite party. But I do think we should impeach for every violation. That would put some fear into them and make them more diligent. Right now they just scoff at the impeachment process.

I would have thrown out Johnson, Nixon, Clinton and W.

Posted by David S on Fri, 08/22/2008 - 23:31
Somewhere along the way, the

Somewhere along the way, the American people have lost sight of the fact that the President is our servant employee and it is not the other way around - hence the push for the campaign for freedom... At some point in time, the people, as a whole, need to wake up and fire the underperforming president and congress and institute a workforce that understands their VERY limited role as a government entity... as well as that of a representative Constitutiona Republic.

Posted by DeltaRho2K on Fri, 08/22/2008 - 17:54
While I read...

While I read more and more articles to this point, what is being done to fix the problem?

We have a congress that is NOT allowed to impeach the most deserving impeachable President and Vice-President. I mean you would have to be a total brain-dead patriot to contend that 4,145 deaths of our military is not murder in this case against Bush/Cheney.

What can we do?

DanielC

DanielC Posted by DanielC on Fri, 08/22/2008 - 17:03
Wow. There's a surprise!
  • www.chuckypita.com
  • Our government is incredible!

    chuckypita Posted by chuckypita on Fri, 08/22/2008 - 04:14
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