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Ellsberg: NO Executive Privilege in Impeachment Hearings; Bush Can Not Stop Testimony mp3

by This Can Happen
Daniel Ellsberg spoke at the Unitarian Universalist Church on Sunday March 30. His talk, "Must America Remain an Outlaw State?" was on the occasion of War and Law League (WALL), tenth birthday. http://www.warandlaw.org/files/index.html

WALL, founded in March 1998, is a nonpartisan, nonprofit, San Francisco–based group that wants the U.S. to follow its Constitution, its treaties, and customary international law insofar as they concern war and peace.

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Transcript

In terms of hearings for impeachment, I have heard that when a hearing is held in congress for impeachment that the president cannot claim executive privilege, and that people have to testify. Is this true?

As far as I understand it that is true and it is an advantage over a simple investigative hearing, (video starts) and of course they are not supposed to perjure themselves. That doesn’t mean that the witnesses who come forward – who are subpoenaed and come forward - will tell the truth. It does mean that they are subject in theory to perjury charges. But it does mean that the administration cannot order people not to come. That’s very important.

Because the purpose of whether it’s impeachment hearings or investigative hearings into crimes of the government which John Conyers has talked about. Right? I was in a meeting where he talked about that - having them; said he would have them, but, haven’t happened yet. Investigative hearings on crimes that may have been committed, fine; and that - would almost inevitably point to impeachment and that will make them just as leery of holding those hearings as they are of impeachment hearings.

But, if you did hold the impeachment hearings you could get these people; and he could not order people, as Bush has done, not to appear.

The importance of that is that there are people who would love to tell the truth if they are subpoenaed, and, if they can’t be fired for appearing. And those are the people to get.

A friend of mine is very anxious to see Cheney under oath. I said, I wouldn’t give a dime for that. The chance of getting the truth out of Cheney under oath, you know, is just negligible.

But there are a lot of people who would be happy to tell if they were pressed to do it.
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