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Sunday, January 18, 2009 12:00 AM

Binding U.S. law requires prosecutions for those who authorize torture

The new Attorney General just said that Bush officials authorized torture. A treaty signed in 1988 by Ronald Reagan compels the U.S. to prosecute those who authorize torture. What's the way out of that?

The letters thread is now closed.

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Monday, January 19, 2009 03:32 PM

@Little Brother

Around here, my wife knows there is one word which will stop me dead in my seasonal rut. She looks at me and says "CANDIRU!!!" All amorous thoughts vanish instantly!

Monday, January 19, 2009 03:36 PM

Steele

"I said it MAY BE reasonable to assume."

Why create such a hypothetical in the first place? I could just easily say, 'it may be reasonable to assume that Steele is a midget. Of course, whether or not this is a hypothetical, it doesn't remove the fact that that would be an absurd assumption. Why even entertain it? This reminds me of the equally absurd, hypothetical of Mexicans shooting rockets at San Diego, [and of course, its twin, the Wookies attacking the Deathstar with lightsabers. Don't forget, its very important that the weapons be rockets and light sabers respectively,. for the purpose of the hypothetical].

Monday, January 19, 2009 03:38 PM

Steele, if there's

anything I can't stand, it a guy who doesn't have the courage of his own conniptions!

Monday, January 19, 2009 03:48 PM

How the other half operate

A fellow called Harold Saive sent a letter to the FBI bringing to their attention the work being done by Richard Gage of A&E for 9/11 Truth. Here are the two letters. First Mr Saives and then the reply from the Assistant Director, Counter terrorism FBI.

Maybe worth a shufti.

Harold Saive Military Veteran

http://gators911truth.org/PDF/911-letter-HWS-Mueller.PDF

Reply Letter from the FBI

http://gators911truth.org/PDF/FBI-Response.pdf

http://gators911truth.org/PDF/911-letter-HWS-Mueller.PDF

Monday, January 19, 2009 04:02 PM

Lazy Cynicism...

"Bill O'Reilly is a graduate of Harvard's John F. Kennedy School of Government. So much for "higher learning."

You can lead a horse to water but you can't make em drink.

Doesn't mean the water isn't wet.

Monday, January 19, 2009 04:05 PM

omooex

Why won't you tell me what your name means? Why won't you tell me how to pronounce it? It's killing me.

Anywayzle, my syllogism was sloppy.

Major premise: All Gazans want to kill me and my family.

Minor premise: That 12 year old girl running away from me is a Gazan.

Conclusion: That 12 year old girl wants to kill me and my family.

Therefore, it is moral that I kill her first.

Um, from all the rhetoric I have heard spewing from the anus-holes of Dershowitz and his ilk, it seems quite reasonable to assume that any IDf soldier could logically entertain the Major Premise of this syllogism as he or she is walking the streets of Gaza.

Did I really have to point that out?

Monday, January 19, 2009 04:09 PM

Steele

I need to get a life, and stop posting so much.

I'm here to tell you there's hope, brother. Myself, I'm almost half way there: I hardly post at all.

But Steele, before you are relegated to the Sphere of Deviance altogether, I want you to know that I've followed many of your links with interest and found the Righteous Jews one especially useful.

And now that I've read all 75 pages of comments, I still can't help but wonder about the struggle involved in inserting the grenades into the vaginas of the 72 virgins.

Monday, January 19, 2009 04:09 PM

Holder testimony

Holder was questioned specifically about the possibility of prosecutions w/r/t illegal surveillance and torture. In addition to Holder stating "no one is above the law" several times, he insisted law would determine the outcome of any investigation:

HOLDER: We will follow the evidence, the facts, the law, and let that take us where it should.

For domestic spying, Hatch exercised the Article 2 argument, which Holder dismissed outright directly to Hatch and again in answers to questions by Senator Feingold.

HATCH:Now, do you believe that the president has -- whoever is president of the United States -- has inherent authority under Article 2 of the Constitution to engage in warrantless foreign intelligence surveillance? Or, in your opinion, does FISA trump Article 2?

HOLDER: Senator, no one is above the law. The president has the constitutional obligation to make sure that the laws are faithfully executed.

Then in exchange with Feingold:

HOLDER: Yes. I think the FISA law is a good statute and it has an exclusivity provision that seems to me to be pretty clear.

FEINGOLD: You discussed with Senator Hatch whether or not there was some kind of independent, inherent power of the president. Is there anything in the FISA statute that makes you believe that the president has the ability under some other inherent power to disregard the FISA statute?

HOLDER: No, I do not see that in the FISA statute.

Regarding torture, Hatch used the "good faith" argument. Holder seemed to acknowledge an argument there, at least (in my interpretation) for lower level actors.

HATCH: Now, if confirmed as the attorney general, do you intend to undertake, order or support a criminal investigation of those individuals, including those individuals at the Office of Legal Counsel, who were involved in drafting legal opinions on these matters? Or are you willing to acknowledge that there can be differences of opinion, but they acted in accordance with their best good faith efforts under the circumstances at the time?

HOLDER: Well, senator, no one is above the law.

On the down site, Holder repeated the don't wish to "criminalize policy differences" tripe, but also said (to Senator Sessions in unrelated testimony that OLC rulings must have been written in "good faith," i.e., not developed after-the-fact or as an excuse for law breaking.

HOLDER:But I think President-elect Obama has said it well. We don't want to criminalize policy differences that might exist between the outgoing administration and the administration that is about to take over. We certainly don't want to do that.

HATCH: But would you consider these policy differences, or policy decisions?

HOLDER: Well, one of the things I think I'm going to have to do is to become more familiar with what happened that led to the implementation of these policies. I've not been read into a variety of things that I will be exposed to, should I become attorney general. And that would, I think, better inform any decision that I would make in that regard.

Monday, January 19, 2009 04:13 PM

@Steele

What is the connection between Alan Dershowitz and the IDF?

Not a single goddam one, as far as I know.

Steele, if your problem is one of marginal intelligence, perhaps as a result of a head injury, and you have a hard time reading the news and keeping things sorted out, you should let us know.

Alan Dershowitz is not now, and has never been, far as I know, in the IDF.

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