Destruction of evidence raises a presumption of guilt
By William Sumner Scott, J.D.
-- -- It is a natural tendency to remember the good and
forget the bad. If that tendency is allowed to play out its
course, George W. Bush and Richard B. Cheney may go down in
history as two of the greatest leaders of all time because they
initiated the first military action against Middle Eastern
religious zealots commonly called “terrorists”. Terrorism must
be stopped, but the methods used by Bush and his henchman,
Cheney, were based upon violence against the American people,
murder of innocent Middle Eastern civilians, cover-up of the
truth, lies, torture, and wrongful detention and surveillance.
No impeachment proceedings will expose the American people to
similar despotism from its future leaders.
With the exception of Senator Frank Leahy’s leadership of the
Senate Judiciary Committee that led to the resignation of
Alberto Gonzales, the lawyer who condoned Bush’s wrongful
action, the American government has failed to properly protect
its citizens from harm.
Impeachment will allow the American government to correct this
failure. Once the proceedings begin, important questions will be
asked. For example, who denied the Federal Aviation
Administration access to the 9/11 crime scenes to conduct an
investigation of the cause of the airplane crashes. The primary
purpose of the FAA is to regulate aviation. Its mandate grants
them the authority and the jurisdiction to be first on the scene
at any plane crash, yet they failed to take charge of 9/11. It
allowed other agencies to usurp its role as the chief
investigator of what happened. An impeachment proceeding against
Bush and Cheney would allow the lines of communication that
prevented a prompt, full investigation of 9/11 to be examined.
All United States law students are required to complete a
criminal law course. The examination to obtain their license to
practice law has criminal law as one of the subjects covered.
All lawyers are trained that the normal procedure is to yellow
tape the crime scenes. No crime scene evidence is to be
disturbed. You’ve seen this action numerous times on the CSI
television shows. In the case of 9/11, no yellow tape of the
scene was made to preserve the evidence. To the contrary, the
scene was taped off to prevent investigation. Persons who
identified themselves as Federal Bureau of Investigation agents
collected the film from all known surveillance cameras around
the 9/11 crime scenes. The evidence was immediately loaded on
trucks, carried away and destroyed.
Under normal operating procedures, the FAA Air Crash
Investigation Unit would be exclusively in charge because the
crash airplanes were involved. No criminal conduct or blame
would be presumed. The FAA would document its findings. Once
they were published, other agencies that might have jurisdiction
would be afforded the opportunity to review the FAA results and
conduct independent investigations. No such FAA report was
prepared and no other agencies were permitted to investigate.
Rudolph Giuliani, a NY former prosecutor, was on the scene but
he made no attempt to preserve the evidence or make an
investigation. Nor was any other prosecutor involved in the
To have any persons in charge other than the FAA required
acceptance by Bush and Cheney of an unproved theory of the cause
of 9/11 to take precedence over normal investigative technique.
There was no justification for the departure from normal
procedures other than the desire of the Bush, Cheney
administration to catapult the United States into war against
Islamists in the Middle East.
Much criticism has been leveled against main stream media for
its refusal to report the destruction of 9/11 evidence. That
criticism is premature. The media has been called the fourth
estate in reference to its position behind the three estates of
government. Until the Executive, Legislative and Judicial
Branches of government properly deal with 9/11, no blame can be
placed on the media for the cover-up.
The blame for the failure to properly investigate 9/11 rests
with our government. That same government regulates the media.
That power to regulate has effectively muzzled the media on the
subject of 9/11. It up to the Legislative and Judicial Branches
of government to give support to the media to allow the events
leading up to and after 9/11 to be fully documented and
communicated to the American people.
As all lawyers are taught, destruction of evidence raises a
presumption of guilt against the person who did that. Bush and
Cheney led the government intervention and destruction of the
evidence at the 9/11 scenes. Accordingly, it is Bush and Cheney
who must prove the causes of 9/11 or suffer the claim made by a
growing number of people each day that the 9/11 events were an
inside job. The American system of justice requires that Bush
and Cheney be afforded the opportunity to present the evidence
they have to vindicate their behavior. An impeachment proceeding
in the House is the method contemplated by the Founders to
protect the American people from high crimes and misdemeanors
committed by their leaders. It is time to resort to the
procedures to insure justice is achieved on behalf of the
Bush and Cheney must explain why all wreckage and other debris
was not tagged and analyzed. Why did they not explore every
possible theory of the cause of the 9/11 events. They must be
required to explain why they did not follow normal civil, and if
justified, criminal investigation procedures. The burden is on
them because they destroyed the evidence. In the unlikely event
they can overcome this hurdle; they must explain why the systems
put in place to protect Americans from invasion did not stop the
second plane from hitting the World Trade Center and the strike
upon the Pentagon. And, should they be able to overcome that
hurdle, they must explain how World Trade Center Buildings 1, 2
and 7 collapsed into their footprint, particularly since
Building 7 fell without being hit by a plane.
The impeachment hearings are expected to prove that Bush and
Cheney conjured up out of thin air the theory that 19 Muslims
bent on destruction of Western freedoms were responsible for the
loss of life and property on 9/11. The claim that the Taliban in
Afghanistan were harboring Bin Laden has never been
substantiated. Bush said the reason to invade Afghanistan was to
capture Bin Laden. After the invasion Bush said he did not think
much of where Bin Laden might be. The claim that Iraq was a
threat to the Unites States because it was about to possess
uranium yellow cake was known by Bush to be false at the time he
urged Congress to authorize the invasion of Iraq.
A permanent record of the Bush and Cheney misdeeds and lies must
be made in Congress. Additionally, evidence of the torture,
wrongful detentions, and surveillance committed by them must be
collected and preserved. Ideally, this exercise will result in
their removal from office. But if it does not, it will allow
historians to accurate describe the misdeeds of their
administration and document that some, if not all, Americans
were disgusted by their conduct.
Those opposed to impeachment of Bush and Cheney say their terms
in office are almost finished so why bother They say the
proceedings would be expensive and the Senate has too few votes
for convict should the House vote to impeach them. None of these
objections override the main purpose of preservation of the
evidence against them in the Congressional Record so that no one
can claim that Bush and Cheney were heroes at some time in the
future. The Record will also demonstrate to concerned American
citizens that their government is functional and worth
preserving in spite of the atrocities Bush and Cheney committed
in their name.
Mr. Scott is an author and film producer. He may be reached
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