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Wednesday, November 19, 2008 12:00 AM

Preliminary facts and thoughts about Eric Holder

Is Obama's likely nominee for Attorney General an encouraging sign for advocates of the Constitution and the rule of law?

The letters thread is now closed.

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Wednesday, November 19, 2008 05:00 PM

sysprog

Okay you fancypants liberals, now don't you see how empty your lives have been and will continue to be unless you join brighstar and tune in and listen and keep your eyes and ears open so you can be filled up with all that "iconoclastic" "thinking" that's filling up brightstar?

Exactly. This is what I was saying (or, what I meant) as my alter-ego, Timothy3.

When will these people understand.

Savage: No, no, when you're socially promoted, you wind up as president of the United States.

Yes. This wasn't about people voting, it was about being socially promoted.

Absolute mormons!

Wednesday, November 19, 2008 05:05 PM

odd links and notes

For those intrigued with:

ABOUT THAT CHENEY INDICTMENT
Washington Monthly
Steve Benen

The prosecutor in question is Willacy County District Attorney Juan Angel Guerra, who's apparently developed a reputation for being something of a ... how do I put this gently ... legal eccentric. A lawyer for Democratic state Sen. Eddie Lucio, Jr., who is also charged in the Cheney/Gonzales indictment, called Guerra a "one man circus."

http://www.washingtonmonthly.com/archives/individual/2008_11/015719.php

How Joe Lieberman Kept His Post
HuffingtonPost
Sam Stein

As pow wow has suggested:

Sources on Capitol Hill say there was little to no opportunity for Senators angry at their recalcitrant colleague to fully register their disagreements. Only one resolution -- one that kept Lieberman in his post but took away his position on an environmental and public works committee -- came to the floor, and it clearly had the support to pass. Senators could voice their displeasure or vote nay. But in the end, as one aide says, "the meeting was theater."

http://www.huffingtonpost.com/2008/11/19/how-joe-lieberman-kept-hi_n_144892.html

@ crooked timber: Thanks for that insight.

@ sysprog: Respectfully, I decline.

Wednesday, November 19, 2008 05:18 PM

NEWS FLASH: OBAMA WILL SELECT ERIC HOLDER AS NATION"S FIRST BLACK AG

Glenn's anti Eric agenda failed!!!!!!!!!!!!!!!!!!!

Wednesday, November 19, 2008 05:34 PM

Gloved and Blinkered Troubadour

NEWS FLASH: OBAMA WILL SELECT ERIC HOLDER AS NATION"S FIRST BLACK AG

I heard that (about 24 hours ago).

Wednesday, November 19, 2008 05:35 PM

@jschultz

So, the president's signature alone may be enough for other countries to consider us a party to a treaty but the USSC would laugh you out of court if you tried to cite such a treaty to them as governing law, and rightfully so.

I'm sure many lawyers would laugh. Nevertheless, the Supreme Court considers Vienna settled law (it considered much of it settled before we even signed it), including parts that sovereigntist Republican administrations tried to express reservations to in the ratification documents. Surprise!!!

Wednesday, November 19, 2008 05:38 PM

Question

Is "GBT" some kind of crappy performance art?

Oh now I've done it.

Wednesday, November 19, 2008 05:58 PM

Yay, a game!

I mention GBT, then GBT pastes his insane scribbles again - it's like call and response!

(Your turn, GBT.)

Wednesday, November 19, 2008 06:03 PM

Deja Vu, Gandalf Buries Trolls

NEWSFLASH : OBAMA WILL SELECT ERIC HOLDER AS NATION"S FIRST BLACK AG!! Glenn's agenda to smear Eric has failed!!!!!!!!!!!!!!!!

I could swear I read this about half an hour ago.

Wednesday, November 19, 2008 06:04 PM

LOL to you too!

Ok ok ok, here's what we'll do. Now that GBT and I have these two parts down, all we need is a third person chiming in with something like "quit it," then we can get a sort of Row Row Row Your Boat singing in a round going.

Maybe we can keep it up until dawn!

(GBT goes next this time, then someone who sternly tells us to stop, then me again, then GBT again...)

Wednesday, November 19, 2008 06:06 PM

It would seem ...

... that Holder is not very familiar with the Geneva Convention(s):

under the Geneva Convention that you are really limited in the amount of information that you can elicit from people.

This unfamiliarity seems to be shared by CronenBurgerMeister:

Prisoners of war under Geneva may not be interrogated at all, beyond name rank and serial number.

This is simply not the case. There is no limit to the amount of information that can be elicited from prisoners of war; the limits are on the methods you can use to elicit information. Name, rank, and serial number is the the only information that a prisoner is required to supply. The prisoner can supply any additional information that he or she chooses to divulge. The applicable section is:

Third Geneva Convention (1949)

Art 17. Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.

...

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.

...

The questioning of prisoners of war shall be carried out in a language which they understand.

http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6fef854a3517b75ac125641e004a9e68

These are the rules that apply to the interrogation of prisoners of war according to the Geneva Convention(s). There is no limitation on the amount or kind of information that a prisoner can give, only on what the prisoner is required to give. There is no limitation on the kind of information that can be asked for, only on the means of asking and on the reactions to a refusal to answer.

If Holder was lamenting the fact that you can't torture prisoners of war, that is a non-starter because you can't torture anyone (not legally, not in any country that is a participant in the CAT).

Wednesday, November 19, 2008 06:10 PM

Boo!

Frankly My Dear ruined it. With his damned "serious engagement of the issues." Everyone say, "Boooooo, Frankly My Dear, boooo."

That doesn't sound right. Like a very polite butler expressing discontent with the developments of a sporting match.

Wednesday, November 19, 2008 06:11 PM

Oh!, Timothy3

"I could swear I read this about half an hour ago."

-- Timothy3

You are mistaken. It's been deleted and only you can see it.

Please extend him the courtesy of sympathy. He's currently severely depressed because he wasn't chosen as ToD and must reconcile himself to the fact that he's a merely a perennial alsoran.

Maybe tomorrow.

Wednesday, November 19, 2008 06:17 PM

Will you two...

quit...

Oops! Out of turn.

Wednesday, November 19, 2008 06:17 PM

GG for Attorney General

I echo what mhoney and Liberal Artist said (http://letters.salon.com/opinion/greenwald/2008/02/05/terrorism/permalink/27dc32fc9467323881dd663db0982ef2.html

http://letters.salon.com/opinion/greenwald/2008/06/21/obama/permalink/9bbfa032b972c52a72d5df44f3706c8c.html)

Not that he could ever be confirmed, but nominating him would be real proof someone was going to change Washington.

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