Thank you for contacting me about the impeachment of the President and Vice President.

Under the U.S. Constitution, the power of impeachment lies solely with the House of Representatives. To remove the President, Vice-President or certain other officials, including federal judges, the Constitution requires an impeachment inquiry and approval by a majority of the House of Representatives. If the House approves the impeachment resolution, the matter is then sent to the Senate for trial. The Senate's trial determines whether to convict or acquit the person in question. Conviction requires a two-thirds vote of the Senate. Under the Constitution, the President, Vice President and other covered officials can only be removed from office upon conviction of treason, bribery, or other high crimes and misdemeanors.

As you may know, on December 18, 2005, Representative John Conyers (D-MI) introduced House Resolution 635 (H.Res.635), which would have created a select committee to investigate the Administration's intent to go to war before congressional authorization, manipulation of pre-war intelligence, use of torture, and retaliation against critics of Administration policies.

Under the resolution, following this investigation, the committee would then make recommendations to the House of Representatives regarding potential grounds for impeachment, if any. This legislation was not considered by the adjournment of the 109th Congress.

In addition, Senator Russell Feingold (D-WI) introduced a resolution (S.Res.398) on March 13, 2006, to censure President Bush for authorizing the National Security Agency’s (NSA) electronic eavesdropping program. S.Res.398 was not considered by the full Senate before the adjournment of the 109th Congress. No legislation regarding impeachment of President Bush has been introduced during the 110th Congress.

As you may know, on April 24, 2007, Representative Dennis Kucinich introduced House Resolution 333 (H.Res.333), which sets forth articles of impeachment for Vice President Cheney. H.Res.333 states that Vice President Cheney actively sought to deceive the American public about the existence of weapons of mass destruction in Iraq and the country’s connection to al Qaeda. The Resolution also states that the Vice President’s comments regarding the use of military force in Iran are damaging to the national security interests of the United States. H.Res.333 has been referred to the House Committee on the Judiciary, where it awaits further consideration.Should matters regarding impeachment of the President or Vice President be brought before the full Senate, I will be sure to keep your views in mind. Thank you again for contacting me.

Sincerely,
Carl Levin