Intimidation: Cheney says terrorism likely if voters vote for Kerry
Stickers here:
Ref Let's consider what the Vice President said. Quote, Ref
Democratic response didn't go far enough. Intimidating voters is a serious offense, 18 USC 594, and 5 CFR 734.702. Also, 5 CFR 7321 prohibits coercion by federal officials on federal employees,
Factor analysis
Although Cheney, if found guilty of these charges, would only be subject to removal from office, let's explose the seriousness of the conduct: Factors, 2003, 2001.
Upward reviion by 18 Quoting from the Sentencing Guidelines, "(1) 18, if the obstruction occurred by use of force or threat of force against person(s) or property; or" This factor appears questionable as the defendant did not actually threaten to use force himself, but implied force could be used. Possible upward reviewion by 18.
Upward revision by 12 Quoting from the Sentencing Guidelines, "(2) 12, if the obstruction occurred by forgery, fraud, theft, bribery, deceit, or other means, except as provided in (3) below; or Obstruction appears to be by "other means," satisfying upwad revisino by 12.
Updward revision by 3 Quoting from th Sentencing Guidelines, "(3) 6, if the defendant (A) solicited, demanded, accepted, or agreed to accept anything of value to vote, ... defendant Cheney appears to have satisfied this factor by agreeing to accept "a vote" in exchange for his alleged intimidation of votors; Cheney also agreed to accept a compensation should he be re-elected, satisfying the "value" criteria.
Upward departure warranted. Quoting from the sentencing guidelines, "If the offense resulted in bodily injury or significant property damage, or involved corrupting a public official, an upward departure may be warranted."
Cheney is a public official, duly sworn, issued the oath
Dick Cheney, as seen in this freely took the oath for the office of Vice President. ref
Are Cheney's comments an attempt to intimidate and threaten voters? Arguably an emphatic "yes," -- why else would he say these words? To suggest "it was not an attempt to influence" asks that we believe the fiction that "advertising for cigarettes isn't a bad thing, because the people can decide."
Politicians speak, and companies advertise in order to persuade. Cheney has suggested that adverse consequences could occur if the "wrong choice" was made. Cheney's comments go far beyond that and threaten adverse physical violence and harm should the voters "make the wrong choice." There is no defense for this kind of language.
Impeachment count 1: Cheney is threatening people with violence if they exercise their right to vote for Kerry.
Discussion
Notice the contrast with "how the apologists explain away this gaffe" and then compare it to what was done when the protestors engage in peaceful behavior.
Strange, the Secret Service accused people of "intimidating people to not vote" when they justified issuing a subpoena against an ISP over the names of the publicly available RNC officials. More
Why does the Vice President get to forecast doom and terror without a similar allegation by the House Judiciary Committee as was given by the US Attorney against the web-poster?
If the "posting of names was truly an offense," then let us see the House Judiciary Committee bring charges against the Vice President; if the House will not act, then let's drop the "option the Secret Service has to subpoena people, instead of issuing warrants"
Given DoJ falls under the Executive Branch, it would not be appropriate for The DoJ Civil Rights Division to investigate voter intimidation. In fact, the statute states that alleged Hatch Act violations must be investigated by an independent special counsel.
Conclusions
Without any evidence, Cheney clearly stated adverse consequences if voters exercised their right to vote. Cheney says US, if it votes for Kerry, faces the threat of another terrorist attack. Cheney appears to have violated 18 USC 594; articles of impeachment should be so drafted by the House Judiciary Committee; and the US House of Represenbtative should so charge the president with committing a misdemeanor.
The President once talked about terrorists intimidating the United States; now the Vice President uses the threat of adverse outcome to engage in his own intimidation. Bush has effectively labeled his own running mate a terrorist.
The true alleged criminal is in the White House, and he should be impeached for attempting to intimidate voters.
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