High Crimes, Misdemeanors

What did the president know and when did he know it?

The answer to that question forced the resignation of Richard Nixon as he was about to be impeached.

Now, with President Bush facing that same question, congressional Republicans have circled the wagons to prevent a public hearing on whether intelligence was distorted by the White House to convince us of the need for war. Why? Because public hearings could lead to public demands for impeachment. Sound far-fetched? Not when you consider the gravity of the charge.

"To put it bluntly," former Nixon White House counsel John Dean wrote on the legal Web site FindLaw (www.find law.com) on June 6, "if Bush has taken Congress and the nation into war based on bogus information, he is cooked. Manipulation or deliberate misuse of national security intelligence data, if proven, could be 'a high crime' under the Constitution's impeachment clause. It would also be a violation of federal criminal law, including the broad federal anti-conspiracy statute, which renders it a felony 'to defraud the United States, or any agency thereof in any manner or for any purpose.' "

Of course, intelligence data is often open to interpretation, and some political distortion is probably inevitable. Consider, however, just one of the recent revelations about how Iraq weapons intelligence was handled by the Bush administration and you'll start to see a disturbing pattern of cynical mendacity.

Call it the "Case of the Phantom Uranium." It starts with a document, later exposed by United Nations inspectors as a crude forgery, that was sold by an African diplomat to Italian intelligence, which passed it to the British. It seemed to implicate Saddam Hussein in an attempt to buy uranium from Africa. This apparently proved too juicy a tidbit for the hawks in the Bush administration to resist. They knew that the specter of Iraqi nukes -- which U.N. inspectors would establish as baseless -- would scare Americans much more than talk of mustard gas, and scaring Americans is this administration's M.O.

Thus in his 2003 State of the Union address, the president intoned that "the British government has learned that Saddam Hussein recently sought significant quantities of uranium in Africa." Scary stuff. Problem was, the document was signed by an official who had given up his post a decade earlier, and the CIA had told the White House the story did not check out.