And not a word about the good work that was done in intelligence? Seems like the kangaroo court is already is session.
To get a full accounting of how U.S. interrogation methods were used, the president should give those accused of 'war crimes' a pass.
And not a word about the good work that was done in intelligence? Seems like the kangaroo court is already is session.
South Africa showed the way. Instead of giving blanket pardons in advance, it gave pardons for people who agreed to testify truthfully before an investigatory commission. Some apartheid-holdouts refused and were still liable for their crimes. If Bush pardons everybody in advance, willy-nilly, it merely passes the buck to courts in other countries where Bush's pardon will serve as evidence that justice can never be gained in an American court.
@ebbolles: excellent point. A few grants of immunity is an old and useful prosecutorial tool for getting the small fish to talk. No reason not to give it a try ... unless of course one is an apologist for torturers, as the author of this article most certainly is
I think you are saying it's okay to break the law? Lovely. Many that don't break the law are scapegoats and found guilty of a crime they did not do and you want us to find innocent those guilty of great crimes that can cause terrorist acts to be thrown on us.
Maybe you are guilty of a crime you feel was okay to commit so you say this.l
Which is more important, a full accounting of all the torture committed, or a strong deterance against future such acts? To me it's clear that all future leaders need the strongest assurance that they will indeed be held accountable for their actions. Subordinates too need to know that it's not okay to break the law. Even under orders to do so.
Whenever it appears that serious wrongdoing has been done at the REQUEST of a president, or at the request of others at high levels of the executive branch whose basic message the president BECAME AWARE of some time ago, THEN, it seems to me that the pardoning of such persons by the same president would, serve to set a precedent for future presidents to conveniently ENABLE individuals to do wrong by such a pardon. I think it would be better if, in the NEXT administration (Obama or McCain), Congress would pass a conditional amnesty that says, "Reveal ALL that happened, or remain subject to prosecution."
This analysis leaves out a critical point, as it looks only at US law. However, the US is also a signatory & has ratified the 1984 Convention Against Torture - which requires States to prosecute credible accusations of torture committed on it's territory, and which grants "universal jurisdiction" and extradition rights to other member states. If the US doesn't live up to it's obligations, other states have the legal right under international law to extradite and try US officials for torture. Pardon's would make it clear the US has no intention to live up to it's obligations & would empower other states legally to try US officials for torture.
You raise an important point. Jordan J. Paust discusses it in his book ???Beyond the Law.??? On page 31 he discusses Article 7 of the International Covenant on Civil and Political Rights with respect to torture. He quotes a committee, which says that ???[a]mnesties are generally incompatible with??? the duties to investigate and prosecute crimes such as torture. However, amnesty is not the same thing as pardon, and the use of the word ???generally??? would seem to allow for exceptions. Granting pardons coupled with a truth commission might well run afoul of international laws (as you indicate), but it is possible that such a combination would not. I do not know enough law to be sure.
You're high. The most urgent need is not simply a full accounting of what happened, urgent as that is. The most urgent need by far is to re-establish the rule of law, and to finally end the culture of impunity for crimes committed by the President and his minions that was created with Ford's pardon of Nixon. This country would be a far, far better place if Nixon had died in prison, and it would be a far, far better place of Bush were to die there, too. Unfortunately, the "serious" class that you so ably represent are terrified of that possibility. Too bad. Thanks to you and to your ilk, things will only go from bad to far, far worse.
what war crimes/ ...a little humiliation and name calling in Abu Graib? Detention in Guantanamo? You mention war crimes and I'm thinking how can President Bush pardon the criminals in Bosnia? What are you guys talking about (I mean, making up)?!
Over one hundred deaths have occurred t detainees as of the beginning of 2006, and some of these have been classed as homicides. Isolation, sleep deprivation, hyphothermia, inadequate amounts of food are some of the touchless torture practices. Beatings, stress positions, forced self-urination and self-defacation are some of the others. You can search Amazon for some books on the subject.
One important question is being left out here: What about accountability? These people will get off scot-free.
I think Stuart Taylor, Jr is 100% correct.
When we spend all our time in search of the bad guy, trying to figure out who should go to jail, who should be prosecuted. People always automatically go into Self-Protector mode. This causes anyone involved to go behind a veil of silence, protecting them from possible trouble that could result if they were to come clean.
At this point the government has prosecuted only those at the lowest level of the abuse; those acting under orders in an atmosphere encouraging such behavior. Should they have known better? Sure, but then again, so should those prosecuting them.
The problem, as Taylor points out, is a systemic problem that cannot be solved merely by pointing fingers. In fact as those involved fear for their freedom and their careers will band together to protect themselves from harm. Wouldn???t you?
It is our nature, when under attack, to fight for our survival. The problem is that because we live in a world where nothing exists except Self-Protectors, Victims and Rescuers then Taylor must be seen as a Rescuer. Victims don???t like Rescuers who are rescuing the perceived perpetrator.
Is this Rescuing? Rescuing is when you take over, with no respect for the other, and hold them irresponsible for their deeds. This is NOT what Taylor is calling for at all.
Taylor???s premise is that we must examine the problem from inside the system, recognizing that something went wrong in the system and holding each person accountable for their part, but not to ???blame???. Giving everyone involved immunity allows us to step back and look at the whole problem of how this travesty occurred in our supposedly ???free??? American society.
Any other approach leads to more secrecy, more scapegoats, and more travesties.
Practicing compassion means holding people accountable without blaming them for the entire blame. Certainly no one person made the decision to allow the kinds of tortures we have read about since the beginning of the Afghanistan and Iraq wars. Respecting that each person within the system did what they thought was correct, legal actions at the time; we allow them to speak of how the horrors came to be. We have empathy for how difficult it might have been to have broken from the status quo to protest. In doing this own that what happened should not have happened and take ownership of preventing any further, similar horrors to occur.
Compassion requires allow us to be human beings. It allows us to make mistakes, yet holds us accountable for our behavior. It changes how we perceive everything. www.ohwowthischangeseverything.com/blog
it would be far beyond the jurisdiction of an American President to pardon Bosnian war criminals. This question, like so many "quick polls" posted on the internet makes inaccurate assumptions going in...Beyond those identified in Bosnia, what war crimes have beeb committed that would imply possible pardons?
Taylor uses a lot of words to explain why nobody should be held accountable for the United States' torture program. It's a pretty good dodge: The lawyers, who concocted the flimsiest of justifications, were merely giving an expert opinion; and those who implemented it were merely following legal advice in "good faith." Any two-bit dictator would be proud.
In Charlie Savaage's book Takeover, the Return of the Imperial Presidency (p. 77), he says thta the executive branch is bound by the legal decisions of the Office of Legal Counsel. A master operator like Cheney would understand the importance of teh OLC and that is why John Yoo (alias Dr. Yes) was put into this office. Savage says that on officia who follows the pronouncements of the OLC is safe from prosecution. This is one reason why trials may fail to convict anyone. So far, the only people to be penaoized for their conduct are those at the bottom of the totem pole. IMHO, they are the least culpable for this travesty.
Interesting.
According to Jane Mayer's interview on "Fresh Air" this week, the administration "pre-immunized" interrogators, meaning they knew in advance it was illegal. In retrospect, the reason they held hearings about Abu Ghraib so quickly was to dump the blame on the low-level guys as fast as possible.
I just received Jane Mayer's book last night, and I looked up OLC. She says something sililar to what Mr. Savage says. She also says that the jJustice Department wrestled away the legal power to interpret treaties from the State Department ((page 265?). More legal trickery courtesy of David Addington. Why am I not surprised?
How a laywer and somebody who is "knowledgeable" about the constitution can espouse that U.S. war criminals should "get a pass" astounds me. Mr. Taylor, if there is any justice - if the United States still stands for anything - the criminals in this administration will get what we have always believed war criminals should get - a fair trial and then, punishment. Only then will our country BEGIN the long journey back to the country we thought we lived in.
You know something Mr. Stuart Taylor Jr., I am not sure where you and people that advocate what's suggested in this article get on and get off at! What planet did you come from, Sir? The entire idea you've proposed is nonsense! The only thing you said that is correct is that people like me would never be satisfied with this logic you've put forth and we want heads to roll because of these crimes against humanity. I don't care if it was a Democratic administration that ran the country when such happened. The point is not political affiliation, here. Cimes and illegal acts according to international law were committed, that's the point, Mr. Taylor Jr.! The point is our government has brutalized hundreds of people, maybe thousands. Many, I bet, were innocent people. We've allowed these thugs to murder people and you're proposing we say, "oh, well... it's over now let's forget it and move on". How do the families of these people move on? The average American citizen has to live by laws and pay dearly if we break them. We could lose our liberty, freedom and maybe even our lives (in the death chamber) for violating the law (certainly, this is possible if murder is our crime). Yet, you say it's probably best for the nation to pardon these thugs because the truth may never be known, otherwise. Where you learned logic from is curious, Sir! The opinions from the Justice Department's OLC (John Yoo et al) were wrong. Many of the most prominent law school scholars in this country have said as much. Or, are you proposing that we "normal" American citizens just ignore those learned professors' critiques? [People that have spent their entire adult lives disecting the law to find its true essense.] What's up, dude. The only thing that will be accomplished by pardoning these criminals is that they will clam up tight as a corpse with lockjaw. During the Nuremberg trials for Nazi war criminals, I seem to remember reading something like this. It is not a defense to say you were just following orders, when your human decency and conscience should have told you that what you were doing was wrong, a criminal act and a crime against humanity. Just one example and I am finished with telling you that you are very strange, Sir. To beat a man, place him in a plastic bag, zip the bag up so he can not breathe properly, beat him some more; then sit on him for an hour or more.... what kind of people are these in our military, CIA and NSA to do such and not think they are committing a crime? Wake up Mr. Taylor Jr., please wake up. It could be your family members that are subjected to this type of nonsense, next. Then what would you say? Is it O.K. as long as it's a foreigner or someone you don't know? Is that the point? If so, you've descended to the level of apes just like these animals that perpetrated theses crimes upon these helpless, incarcerated prisoners of war. Shame on you, Mr. Taylor Jr.!
I don't see any reference to the War Crimes Act in these comments. Taylor claims that "Congress has retroactively amended the War Crimes Act to block any prosecutions for brutal interrogation methods short of torture." That's not true. The Act, codified at 18 USC 2441, provides, after the 2006 amendments, defines a "war crime" as a "grave breach" of Common Article III of the 1949 Geneva Conventions, and it defines a "grave breach" as including both "torture" (d)(1)(A), and "cruel or inhuman treatment" (d)(1)(B). The serious violations committed under the Bush Administration are easily covered by these two headings.
Without the clause about outrages to personal dignity, I fear that some of practices will not be prosecuted. For example, forcing prisoners to urinate or defecate on themselves may or may not.
CORRECTED AND AMPLIFIED
I don???t see any reference to the War Crimes Act in these comments. Taylor claims that ???Congress has retroactively amended the War Crimes Act to block any prosecutions for brutal interrogation methods short of torture.??? That???s not true. The Act, codified at 18 USC 2441, after the 2006 amendments, defines a ???war crime??? as a ???grave breach??? of Common Article III of the 1949 Geneva Conventions, and it defines a ???grave breach??? as including both ???torture??? (d)(1)(A), and ???cruel or inhuman treatment??? (d)(1)(B). ???Torture??? is defined as:
The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.
???not at all the way the Justice Department lawyers defined it. The serious violations committed under the Bush Administration are easily covered by these two headings.
Previously any violation of Common article 3 was criminal; now only grave breaches are. Also "outrages upon personal dignity" was left off. I would say that the amendments of 2006 weakened the 1996 bill:
http://www.washingtonpost.com/wp-dyn/content/article/2006/08/08/AR2006080801276_pf.html
Stuart Taylor has no credibility. He was a crony of Ken Starr who pushed for the prosecution of Bill Clinton.
Apparently, THAT partisanship was fine. What a hypocrite.
SHAME ON NEWSWEEK!
http://www.slate.com/id/2085/
http://www.observer.com/node/40428
http://www.observer.com/node/40386
http://en.wikipedia.org/wiki/Stuart_Taylor_Jr.
Stuart Taylor wrote strongly about the Valerie Plame affair in the Atlantic, so I don't think that he is a partisan gunslinger:
http://www.theatlantic.com/doc/200606u/nj_taylor_2006-06-27
Newsweek editors are the ultimate joke. Cheney must have subscribed for every office in Haliburton to get this printed. Taylor and Craig are lovers.
I am stunned at Stuart Taylor Jr's ignorant and irresponsible suggestion that Bush offer blanket pardons to members of his administration. Any student of history knows that pardons issued by Presidents Ford and Bush effectively ended the Watergate and Iran-Contra investigations, accomplishing only the protection of the guilty and not yielding any information or any kind of "truth." Issuing pardons simply guarantees that those involved keep their mouths shut. Using that logic, you could close the books on every unsolved murder by offering blanket amnesty if those responsible confessed to their crimes. In reality, he is advocating complete and total anarchy. America has had enough of , corrupt, power-mad bureaucrats never being held accountable for their crimes.
No, you do not get to torture people and get a free pass. What applies to the Nazis, applies to us. That is the Rule of Law.
Remember, over 100 prisoners died in our custody.
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