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Prosecutors turned congressmen file Gonzales impeachment resolution in House

31 July 2007

Six congressmen who once were prosecutors want to restore independence of the judicial branch. That’s why they, along with other members of Congress, introduced a resolution in the House today that could lead to the impeachment of Attorney General Alberto Gonzales.

Specifically, the resolution would require the House Judiciary Committee to investigate whether Attorney General Alberto Gonzales should be impeached for high crimes and misdemeanors. The resolution would need to win approval by a majority of the House for the panel to start investigating. If after an investigation the Judiciary Committee, by majority vote, determines that grounds for impeachment exist, a resolution impeaching the attorney general and setting forth specific allegations of misconduct, in one or more articles of impeachment, would be reported to the full House.

The author of the impeachment inquiry resolution, U.S. Rep. Jay Inslee (D-Wash.), prosecuted cases in Selah, Wash., during the late 1970’s and 1980’s. During an afternoon press conference announcing the introduction of his legislation, he explained, “Impeachment should only be used as a last resort. In this case, where U.S. attorneys were fired for partisan political purposes, civil liberties and privacy rights were disregarded and testimony to the U.S. Congress was misleading at best, we need to take this serious step to restore the trust of the American people in the office of the attorney general.

“The White House is defending the indefensible actions of Alberto Gonzales,” continued Inslee, who hails from Washington state, where U.S. Attorney John McKay was fired in December 2006. “If the president won’t do his job, Congress will do ours.”

The prosecutors joining Inslee in his call for an investigation into Gonzales include U.S. Reps. Xavier Becerra (D-Calif.), Tom Udall (D-N.M.), Michael A. Arcuri (D-N.Y.), Ben Chandler (D-Ky.) and Dennis Moore (D-Kan.). Nine other members of Congress also have co-sponsored the resolution, including U.S. Rep. Hank Johnson (D-Ga.), a member of the House Judiciary Committee who has practiced law for 27 years and was a judge in DaKalb County, Ga., for over a decade.

“As a former prosecutor and State Attorney General, I fully understand this distinct and honored position," said Udall. "Attorneys General are bound by an extraordinary oath, not to party or administration, but rather to our Constitution and fellow citizens. Congress has an obligation to get to the bottom of Attorney General Gonzales’ confusing, conflicting and misleading statements. They are particularly distressing as they have cast serious doubt on his willingness to protect the basic inherent freedoms of every American.”

The U.S. House of Representatives is given the sole power of impeachment under the U.S. Constitution. The Senate is charged with trying such cases, once the House has approved articles of impeachment.

As a civil officer, Gonzales is subject to impeachment. In 1876, Secretary of War William W. Belknap was impeached by the House.

Click here to read Inslee's impeachment inquiry resolution.