Last week, I asked why Representative Zoe Lofgren withdrew her co-sponsorship of H. Res. 635. H. Res. 635 is the resolution introduced by Representative John Conyers that would create a commission to investigate George W. Bush for violation of the law in the execution of the Iraq War. Zoe Lofgren is a progressive Democrat, so why, I wondered, would she support H. Res 635, only to later withdraw her support?

Well, after I contacted Zoe Lofgren’s office, it was explained to me that Zoe Lofgren never actually co-sponsored H. Res. 635 in the first place. Apparently, the co-sponsorship was a clerical error that then had to be revised. The following statement from Zoe Lofgren’s office that explains the error, and Representative Lofgren’s position on H. Res 635:

“During the December recess I was surprised to read in a newspaper article that I was listed as a cosponsor of House Resolutions 635, 636 and 637 since I had not cosponsored any of these measures. I discovered that due to administrative errors, my name was mistakenly added to these bills by the Judiciary Committee staff. I never was a cosponsor of any of them but the only way to correct the committee’s error under the rules of the House is to ask unanimous consent to have my name removed as a cosponsor even though I never asked to be added to these pieces of legislation. I could not correct these errors until the House reconvened, which is why I am taking this action today.

I have been involved in two impeachment proceedings against American Presidents. The first was in 1974 during the impeachment inquiry related to President Nixon when I served on the staff of a member of the House Judiciary Committee, Congressman Don Edwards. The second was in 1998 as a Member of the Judiciary Committee during the impeachment of President Clinton.

Impeachment of a President is provided for in the Constitution only in cases of bribery, treason or “high crimes and misdemeanors.” The latter phrase had a very specific meaning to the drafters of our Constitution and was meant to include misbehavior by a President that threatened the very nature of our government. President Nixon resigned before the Congress could vote on his impeachment, but the impeachment articles adopted by a bipartisan majority of the Judiciary Committee included behavior that was so lawless that it could threaten the very nature of the American government.

The partisan 1998 impeachment was based on personal misbehavior by the President and was, in my judgment, a misuse of the impeachment provisions in the Constitution. Use of impeachment for any reason that does not meet the standard set in the Constitution must be avoided by the Congress.

Serious questions have been raised about President Bush’s actions in approving warrantless wiretaps by the NSA, as well as questions about both the Vice President’s and the President’s information that was provided to the Congress as the basis for the decision to initiate war in Iraq. These important questions need to be answered, and Congress should then consider the answers in a careful, deliberate and thoughtful manner. It is important that this process be done in a dispassionate way that avoids partisanship. This thorough analysis should, in my judgment, be undertaken before anything such as these resolutions are considered.”