Thursday, October 13, 2005

The President's day: One high crime and two misdemeanors

Many have been agitating in recent days for the impeachment of President Bush, primarily on the grounds of deliberately lying to the American people about Iraq. But why stop there. Just today alone, Bush committed at least one "high crime" and two "misdemeanors," by our casual tally.

Let's review:

The act: President Bush said Wednesday that Harriet Miers' religious beliefs figured into her nomination to the Supreme Court as a top-ranking Democrat warned against any "wink and a nod" campaign for confirmation.
"People are interested to know why I picked Harriet Miers," Bush told reporters at the White House. "Part of Harriet Miers' life is her religion."
Misdemeanor No. 1: In using religion as a key basis for offering Miers a job, the president would appear to have violated the spirit, if not the letter, of the Civil Rights Act of 1964. According to the federal Equal Employment Opportunity Commission, Title VII of the law "prohibits employment discrimination based on race, color, religion, sex, or national origin."

Misdemeanor No. 2: More specifically, one could make the case that Bush's actions are also in violation of the Civil Service Reform Act of 1978, which specifically covers federal employees. According to the same EEOC primer: "The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability."

High crime: As you might expect, the "high crime" here is more serious, and is also the area where it's hardest to argue that the president did not cross the line. We are referring to Article VI, Clause 3 of the U.S. Constitution, which states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Do you honestly believe that Harriet Miers -- with all her other qualifications exactly the same -- would have been nominated to the Supreme Court if she had been Jewish, or an atheist, or Muslim? Of course not, because the president and Karl Rove, or Andy Card, or whoever's really running things these days, knew that such a choice would not pass muster with the radical clerics who sit on "the board of directors" of Bushco.

A mid-level bureaucrat who treated a job vacancy in this manner would surely be fired. Shouldn't we hold the president of the United States to an even higher standard?

George W. Bush has an easy choice now. He can withdraw Miers' nomination. Or he can be impeached.