Finally we can all get back to the business of
running the country! The tawdry saga of Clinton's impeachment is over.
The news media, nonpartisan as it always is, impressed upon us that the
Senate's vote marked "The End" of a messy affair that should never have
happened. What a relief that the man who admitted lying to his
constituents
can now turn his attention back to his interns and, we hope, to "the
people's
business." But there is at least one thing for which the American people
can really be thankful: we might finally be able to turn on the
television
set again without seeing the smiling face of Harvard's Felix Frankfurter
Professor of Law, Alan Dershowitz.
Dershowitz, a
self-described
Democrat and "personal friend" of the president, has been an outspoken
critic of those who advocated removing Clinton from office. Whether
trumpeting
his views as a regular on Geraldo Live! or staging a rally in Harvard's
Science Center on behalf of the president, Dershowitz has insisted
continually
that lying under oath should not be an impeachable offense. He has also
expressed his views -- using a far more reasonable and less hysterical
tone
-- in his book Sexual McCarthyism, which analyzes the Clinton
administration
scandals and their impact on the American constitutional system. While
Dershowitz has some excellent suggestions for reforming certain aspects
of the Justice Department, he underestimates the moral and political
violation
that lying, especially under oath before a grand jury, constitutes.
Dershowitz is correct to
point out that ours is not a parliamentary system and that our president
is not subject to votes of no-confidence by Congress. The president
should
not be removed because of "general dissatisfaction with [his] policies,
preferences, or lifestyle." We have regular elections to remove him on
those grounds. Nonetheless, our Constitution does allow Congress to
impeach
the president for "high crimes and misdemeanors." The Constitution
allows
Congress to determine what constitutes a crime. Lying under oath is a
crime
(no one disputes that) and if Congress sees fit to impeach the president
for breaking this particular law, it is a poor defense to argue that
this
wasn't that big of a crime. If Clinton wanted to avoid impeachment, he
shouldn't have broken the law. Does Dershowitz really feel that he
protects
the Constitution by insisting that Congress turn a blind eye to
presidential
crime?
Dershowitz argues that
some
crimes are worse than others and that impeachment should be reserved for
the gravest offenses. Even after conceding that fairly obvious point, it
seems inappropriate for Democrats to become indignant over their
president's
being subjected to an investigation. After all, he broke the law and
brought
it upon himself. Nonetheless, Dershowitz raises an important point: does
lying under oath amount to an abuse of the public trust and should
Congress
have removed the president from office for such abuse?
Ultimately this is a
question
that turns on expectations. If the American people are content with a
government
staffed by men and women willing to lie under oath, perhaps Clinton's
offense
seems like politics as usual and impeaching him seems like an
overreaction.
Dershowitz demonstrates that lying under oath has been tolerated in the
past, that George Bush, for one, pardoned perjurers. Without getting
into
presidential pardons, an entirely separate subject attendant with
separate
considerations, we should be clear here. All presidents who lie under
oath
should be impeached.
Dershowitz and
like-minded
partisans are now arguing that its time to "get back to business." But
this kind of rhetoric only makes sense if one really believes that
Congress
wasn't doing it's job when it impeached, and ultimately acquitted,
Clinton.
If it's possible that that the president did commit perjury, what could
be more appropriate than an investigation geared to find out? Some may
think that the investigation was done poorly, and others that the
president
was innocent. But we should all agree
that an investigation into possibly illegal activities on the part
of the President of the United States is both the people's business and
a top priority.
The Senate's attitude
seemed
to be that either Clinton didn't commit perjury, which, after all, is
quite
possible -- the man is a Yale-educated attorney, quite crafty with words
and able to maneuver around legal definitions -- or, even if he did
commit
perjury, that it didn't rise to the level of an impeachable offense. But
what should scare us isn't the attitude of our Senators but the attitude
of our countrymen. Poll after poll shows that the American people simply
don't care whether their highest elected official lies under oath.
The idea that it's okay
to lie about "little things" is absurd. Are we to assume that on a more
important and politically volatile subject, where it might also be in
Clinton's
personal interest to lie, that he is going to be honest? If he did
commit
perjury, he is a man without a fundamental respect for the truth. We
simply
can't trust someone who sets aside the truth when it's convenient
for him. It was therefore incredibly important to determine whether
Clinton
lied, and not merely an attempt to embarrass the president with the
details
of his tawdry affair.
But of course, we already
know he lied. Maybe not under oath, but he lied to us, facing the
cameras,
wagging his finger, telling us he wanted to "be clear" that he did not
have "sexual relations with that woman." Can you impeach him for that?
Probably not, although it's questionable whether a president who
directly
lies to his employers, the people, should remain in office. He has
abused
the public trust and has flouted the very cornerstone of morality and
justice
-- the truth. We can never again trust Bill Clinton.
So we have to question
the
Senate after all, despite what Dershowitz and his ilk say to the
contrary.
All senators who voted to acquit must have believed that Clinton did not
actually commit perjury. For if he did lie under oath, regardless of
what
it was about, he deserved to be impeached and the Senate had a duty to
convict him. Sadly, there are those senators who, like Clinton, want it
all. They want to say that he committed an "indiscretion" with the
truth,
but that he shouldn't be removed from office. These senators,
predominantly
Democrats, have failed to grasp the gravity of Clinton's offenses.
America's citizens and institutions deserve better. To the extent that, as Dershowitz shows in his book, Republicans have employed a double-standard in this issue, they are at fault. In that case, Dershowitz's book should be read as a call for more vigorous prosecution of public officials that feel entitled to distort the truth under oath. But when he turns his formidable intellect towards defending Clinton, Dershowitz becomes his willing accomplice. In doing so, he joins the United States Senate and the 60% of the American people who have chosen to ignore the president's conduct.