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Would Obama prosecute the Bush administration for torture? Obama's brain trust wants to form a commission on torture and call Bush officials as witnesses, but put off prosecutions -- if any -- till a second term.
  • an alternative suggestion

    There is another option which is not mentioned in this post. Paragraph 7 of Article I, ยง 3 of the Constitution states:

    Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

    The expiration of the current president's term does not make impeachment moot; the House can still investigate and vote articles of impeachment, with the Senate to determine disqualification from holding federal office in the future.

    This is not a mere academic question. After serving as president, John Quincy Adams served in the House of Representatives and William Howard Taft served as Chief Justice of the United States. After serving as vice-president, Richard Nixon served as president and Hubert Humphrey served as a U. S. Senator. Former Vice-President Walter Mondale served as Ambassador to Japan and was nominated to run for the Senate from Minnesota when Senator Paul Wellstone died in a plane crash.

    A special commission is not needed. The House Judiciary Committee has subpoena power, a demographically and ideologically diverse membership, and the other mechanisms necessary to ferret out wrongdoing, including the contempt power of the House of Representatives itself. Here's hoping that the next Congress will pursue articles of impeachment as to whether President Bush has taken care that the laws be faithfully executed as to torture, electronic surveillance and other subjects.

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