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SENATE JOINT RESOLUTION 5

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Gerald P. Ortiz y Pino

A JOINT RESOLUTION

PETITIONING CONGRESS TO COMMENCE THE INVESTIGATION OF AND

IMPEACHMENT PROCEEDINGS AGAINST PRESIDENT GEORGE W. BUSH AND

VICE PRESIDENT RICHARD B. CHENEY.

WHEREAS, George W. Bush and Richard B. Cheney conspired

with others to defraud the United States of America by

intentionally misleading congress and the public regarding the

threat from Iraq in order to justify a war in violation of

Title 18 United States Code, Section 371; and

WHEREAS, George W. Bush has admitted to ordering the

national security agency to conduct electronic surveillance of

American civilians without seeking warrants from the foreign

intelligence surveillance court of review, duly constituted by

congress in 1978, in violation of Title 50 United States Code,

Section 1805; and

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WHEREAS, George W. Bush and Richard B. Cheney conspired to

commit the torture of prisoners in violation of Title 18 United

States Code, Chapter 113C, the United Nations Convention

Against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment and the Geneva Conventions, which under Article

VI of the United States constitution are part of the "supreme

Law of the Land"; and

WHEREAS, George W. Bush and Richard B. Cheney acted to

strip American citizens of their constitutional rights by

ordering indefinite detention without access to legal counsel,

without charge and without the opportunity to appear before a

civil judicial officer to challenge the detention, based solely

on the discretionary designation by the president of a United

States citizen as an "enemy combatant", all in subversion of

law; and

WHEREAS, in all of this, George W. Bush and Richard B.

Cheney have acted in a manner contrary to their trust as

president and vice president, subverting constitutional

government to the great prejudice of the cause of law and

justice and to the manifest injury of the people of New Mexico

and of the United States of America; and

WHEREAS, petitions from the country at large may be

presented by the speaker of the United States house of

representatives, according to Clause 3 of House Rule XII; and

WHEREAS, Section 603 of Thomas Jefferson's Manual on

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Parliamentary Practice and of the Rules of the United States

House of Representatives states that impeachment may be set in

motion by charges transmitted from the legislature of a state;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE

STATE OF NEW MEXICO that George W. Bush and Richard B. Cheney,

by such conduct, warrant impeachment and trial and removal from

office and disqualification to hold and enjoy any office of

honor, trust or profit under the United States; and

BE IT FURTHER RESOLVED that the New Mexico congressional

delegation be requested to cause to be instituted in the

congress of the United States proper proceedings for the

investigation of the activities of George W. Bush and Richard

B. Cheney, to the end that they may be impeached and removed

from their offices; and

BE IT FURTHER RESOLVED that the secretary of state be

instructed to certify and transmit to the speaker of the United

States house of representatives and the clerk of the United

States house of representatives, under the great seal of the

state of New Mexico, a copy of this resolution and its adoption

by the legislature of the state of New Mexico. The copies

shall be marked with the word "Petition" at the top of the

document and contain the original authorizing signature of the

secretary of state.

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