By David Swanson
Now, we almost all agree that Bush and Cheney have done bad things. But have they actually committed crimes? If you know anyone who has any doubts on this topic, may I recommend a brilliant little book for you to stick in their stocking next month?
In her new book, "United States v. George W. Bush et al.
," former federal prosecutor Elizabeth de la Vega presents the case, as if to a grand jury, for an indictment of Bush, Cheney, Rice, Rumsfeld, and Powell. De la Vega does not address over a dozen clear criminal acts, including some openly confessed to â€” such as spying in violation of the Foreign Intelligence Surveillance Act. Instead she focuses on the area where the most significant harm has been done, but where the legal issues have seemed to many people complex and unclear.
De la Vega charges that Bush, Cheney, et al., "did knowingly and intentionally conspire to defraud the United States by using deceit, craft, trickery, dishonest means, false and fraudulent representations, including ones made without a reasonable basis and with reckless indifference to their truth or falsity, and omitting to state material facts necessary to make their representations truthful, fair and accurate, while knowing and intending that their false and fraudulent representations would influence the public and the deliberations of Congress with regard to authorization of a preventive war against Iraq, thereby defeating, obstructing, impairing, and interfering with Congress' lawful functions of overseeing foreign affairs and making appropriations."
That may sound like a longwinded and legalistic way of saying "Bush lied. People died." And more or less it is. But in some important ways it is not. De la Vega is arguing, as John Bonifaz did in this letter to Congressman John Conyers in May of 2005
, that there is probable cause to believe that the President and others have violated Title 18, United States Code, Section 371. This law makes it a felony "to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purposeâ€¦." The Congress is one such agency. To defraud the Congress is not the same thing as to lie to it.