John Dean has a Great, Wonderful Idea

Don't impeach W.; impeach the enablers....

The Constitution's Impeachment Clause applies to all "civil officers of the United States" - not to mention the president, vice president and federal judges. It is not clear who, precisely, is among those considered "civil officers," but the group certainly includes a president's cabinet and sub-cabinet, as well as the senior department officials and the White House staff (those who are issued commissions by the president and serve the President and Vice President).

Quite obviously, Bush and Cheney have not acted alone in committing "high crimes and misdemeanors." Take a hypothetical (and there are many): Strong arguments have been made that many members of the Bush Administration - not merely Bush and Cheney -- have engaged in war crimes. If war crimes are not "high crimes and misdemeanors," it is difficult to imagine what might be. Jordan Paust, a well-know expert on the laws of war and a professor at University of Houston Law Center, has written a number of scholarly essays that mince few words about the war crimes of Bush's subordinates. For example, many of their names are on the "torture memos."

Why impeach lower-level officials, rather than the "big enchilada," as Nixon used to say? There are multiple reasons.

Focusing On Bush Administration Officials

Lowering the aim of an impeachment effort to focus on those who have aided and abetted, or directly engaged in, the commission of high crimes and misdemeanors, would have all the positives, and none of the negatives, of going after Bush and Cheney. It would not be an effort to overturn the 2004 election, but rather to rid the government of those who have participated, along with Bush and Cheney, in abuses and misuses of power; indeed, many among them have actually encouraged Bush and Cheney to undertake the offensive activities.

Many of these men (and a few women) are young enough that it is very likely that they will return to other posts in future Republican Administrations, and based on their experience in the Bush/Cheney Administration, they can be expected to make the offensive conduct of this presidency the baseline for the next president they serve. Impeachment, however, would prevent that from happening.

It will be recalled that Article I, Section 3 of the Constitution states: "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." (Emphasis added.) After any civil officer has been impeached, under the rules of the Senate, it requires only a simple majority vote to add the disqualification from holding future office.

In addition, it is likely that the impeachment process of any official in a position below that of the president or vice president, would be treated the same as the impeachment of federal judges. The work is done in both the House and Senate by special subcommittees, so it does not consume the attention of the full bodies until the final votes.

Link.