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December 20, 2005
High Crimes

Oh man, I don't want to get too excited, but this spying thing is really starting to look bad for Bush.

QUESTION: Is spying on the American people as impeachable an offense as lying about having sex with an intern?

BRUCE FEIN, constitutional scholar and former deputy attorney general in the Reagan Administration: I think the answer requires at least in part considering what the occupant of the presidency says in the aftermath of wrongdoing or rectification. On its face, if President Bush is totally unapologetic and says I continue to maintain that as a war-time President I can do anything I want - I don't need to consult any other branches - that is an impeachable offense. It's more dangerous than Clinton's lying under oath because it jeopardizes our democratic dispensation and civil liberties for the ages. It would set a precedent that … would lie around like a loaded gun, able to be used indefinitely for any future occupant.

NORM ORNSTEIN, AEI scholar: I think if we're going to be intellectually honest here, this really is the kind of thing that Alexander Hamilton was referring to when impeachment was discussed.

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