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I post this again:
Here are some legal definitions of "accomplice."
One who knowingly, voluntarily and with common intent unites with the principal offender in the commission of a crime. {case citation omitted] One who is in some way concerned or associated in commission of crime; partaker of guilt; one who aids or assists, or is an accessory. {case citation omitted] Equally concerned in the commission of crime. {case citation omitted] One who is guilty of complicity in crime charged, either by being present and aiding or abetting in it, or having advised and encouraged it, though absent from place when it was committed, though mere presence, acquiescence, or silence, in the absence of a duty to act, is not enough, no matter how reprehensible it may be, to constitute one an accomplice. One is liable as an accomplice to the crime of another if he gave assistance or encouragement or failed to perform a legal duty to prevent it with the intent thereby to promote or facilitate commission of the crime.
Black's Law Dictionary (6th ed.)pg. 17
Complicity: A state of being an accomplice; participation in guilt. {case citation omitted] Involvement in crime as principal or as accessory before the fact. May also refer to activities of conspirators.
Black's Law Dictionary (6th ed.) pg. 285
This portion of the definition strikes me as most important.
Nancy Pelosi's "mere presence, acquiescence, or silence, in the absence of a duty to act" would not be "enough, no matter how reprehensible" to make her an accomplice.
IMO, so far, there is no evidence that Nancy Pelosi was "knowingly, voluntarily and with common intent" united in the commission of the crime of torture by the Bush administration. Her approval or disapproval of their torture was essentially irrelevant, especially since they had already tortured at least once, apparently, before they told her anything about it. (She was briefed only once before being replaced as the top Democrat on the Intelligence Committee.)
Further, Nancy Pelosi did not assist in the commission of the torture. She was not involved in giving any of the orders. She claims that she was merely informed that torture had been approved and did not learn until after her briefing that torture had actually been performed.
Whether Pelosi is misrepresenting what she was told can only be decided by a court. We really don't have any evidence that she was told anything different from what she has said she was told. The CIA's memos and notes are hearsay. You would have to cross-examine the CIA's witnesses on this. Her briefings were actually just informational. At most, she could have written a letter of protest to file. But as we know from the experiences of other members of Congress who wrote such letters, most notably Jay Rockefeller with regard to the wiretapping program, her letter would have had no effect. Thus, not only did she not assist in the commission of the torture or any other crime, but she had no power to stop the torture or any other crime.
Nancy Pelosi was not, by any stretch of the imagination, "equally concerned" in the commission of the torture.
Nancy Pelosi was not "present" and did not aid or abet the commission of the torture. There is no evidence that she advised or encouraged it, "though absent from place when it was committed." We have no evidence that Nancy Pelosi assisted or encouraged the torture. Nor did she fail "to perform a legal duty to prevent it with the intent thereby to promote or facilitate commission of the crime." She had a legal duty to be silent about everything she was told in the hearing.
Bob Graham pretty much supports Pelosi's statements. The briefings were not recorded as far as we know. The notes and other written records are hearsay evidence -- as are written police reports, by the way. They would be admissible into evidence in a court only to the extent that they could be introduced under an exception to the hearsay rule in the Rules of Evidence. Could happen, but it would not be a given.
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