Constitution in Crisis
by Congressman John Conyers
(December 21, 2005)

Yesterday, I released a staff report entitled “The Constitution in Crisis: The Downing Street Minutes and Deception, Manipulation, Torture, Retributions and Cover-ups in the Iraq War.” The Report is my best effort to examine all of the charges of misconduct by the Bush Administration concerning the Iraq War. In brief, we have found that there is substantial evidence the President, the Vice-President and other high ranking members of the Bush Administration misled Congress and the American people regarding the decision to go to war in Iraq; misstated and manipulated intelligence information regarding the justification for such war; countenanced torture and cruel, inhuman and degrading treatment in Iraq; and permitted inappropriate retaliation against critics of their Administration. There is at least a prima facie case that these actions that federal laws have been violated – from false statements to Congress to retaliating against Administration critics.

In response to the Report, I have already taken several initial steps. First, I have introduced a resolution (H. Res. 635) creating a Select Committee with subpoena authority to investigate the misconduct of the Bush Administration with regard to the Iraq war and report on possible impeachable offenses. In addition, I have introduced Resolutions regarding both President Bush (H. Res. 636) and Vice President Cheney (H. Res. 637) proposing that they be censured by Congress based on indisputable evidence of unaccounted for misstatements and abuse of power in the public record. There are a number of additional recommendations in the Report that I expect to be taking up in the coming weeks and months.

The Report rejects the frequent contention by the Bush Administration that their pre-war conduct has been reviewed and they have been exonerated. No entity has ever considered whether the Administration misled Americans about the decision to go to War, and the Senate Intelligence Committee has not yet conducted a review of pre-war intelligence manipulation by the Administration, while the Silberman-Robb report specifically cautioned, that intelligence manipulation “was not part of our inquiry.” There has also not been any independent inquiry concerning torture and other legal violations in Iraq; nor has there been an independent review of the pattern of cover-ups and political retribution by the Bush Administration against its critics, other than the very narrow and still ongoing inquiry of Special Counsel Fitzgerald.

To obtain a copy of the Report and the Exhibits please visit: the Committee's Democratic Website. While the scope of this Report is largely limited to Iraq, it also holds lessons for our Nation at a time of entrenched one-party rule and abuse of power in Washington. If the present Administration is willing to flaunt, if not break, the law in order to achieve its political objectives in Iraq, and Congress is unwilling to confront or challenge their hegemony, many of our cherished democratic principles are in jeopardy. This is true not only with respect to the Iraq War, but also other areas of foreign policy, privacy and civil liberties, and matters of economic and social justice. Indeed as this Report is being finalized, we have just learned of another potential significant abuse of executive power by the President, ordering the National Security Agency to engage in domestic spying and wiretapping without obtaining court approval in possible violation of the Foreign Intelligence Surveillance .