legal charges against congress

[HooptieWagon]

OK, this thread got me thinking:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2802632

If congress will not impeach the president, then why not charge congress? With a class action suit against each congress memeber, it wouldn't cost much per person. Find some willing courts, and charge each congress member as an accomplice to bushCo's crimes. Tie them up with expensive legal battles. athey can either defend their actions before a judge and jury (of us citizens), turn state's evidence, or they can resign/not run for reelection. Petitioning hasn't worked, maybe an expensive legal battle will...

[The Traveler]

1. An interesting notion

Very interesting.

[TexasObserver]

2. Because the lawsuit would get tossed & the attorney sanctioned

It would be a frivolous lawsuit, because there is no authority for it. The decision to impeach strictly belongs to the House, and it is solely within their discretion to impeach, which is effectively a form of political indictment, the penalty for which is removal from office, upon a favorable Senate vote.

[onenote]

3. Because it would be an enormous waste of time

What exactly would this class action suit charge congress with? And what makes you think that the members of Congress, not the taxpayers, would bear the cost of this frivolous suit? And tell me which "willing court" wouldn't toss this suit?

Time to return to reality.

[DCKit]

4. While I realize it wouldn't be easy...

Doesn't Congress take the same oath to protect and defend the Constitution?

Forgive me if I'm being obtuse, but I have seen few outside of DU defending the Constitution as * has dismantled, bent and broken it.

[onenote]

5. the oath doesn't create any enforceable legal right that you can sue on.

sorry. Impeachment is a fully discretionary act, so that's out. And if passing a law that was found to be unconstitutional subjected lawmakers to civil suits, there would be chaos. Imagine for instance, that the scotus found a portion of the patriot act unconstitutional but upheld other parts. Would those who voted for the bill be liable for having not protected the constitution? Would those who voted against (and thus didn't vote for something that was upheld as necessary and appropriate to protect the country) be liable for not doing so?

Again, its not remotely possilbe.

[HooptieWagon]

6. What exactly would this class action suit charge congress with?

Aiding and abetting crimes against humanity, crimes in violation of the Geneva Convention, crimes in violation of the constitution. In fact, since the Senate voted to go to war based upon WMDs that were never found, they might actually be guilty of those crimes themselves.

Keep in mind the senate couldn't convict Clinton during impeachment, but the civil trial bankrupted him and nuetralized much WH action. The same could be done to congressmen and senators, i would think.

[hootinholler]

7. Those would be criminal charges.

They would need to be brought from a Federal Grand Jury. It would be interesting to see the progression of a State case, I wonder if it would be heard. You would have to show damages, and the right to representation is covered by elections, so suing because they voted against your position is not enforceable.

The ICC might have a different view, but good luck there the US is not a signatory.

-Hoot