Mukasey Agrees: Prosecutions for Torture Now Hard to Avoid

[kpete]

Mukasey Agrees: Prosecutions for Torture Now Hard to Avoid
Submitted by davidswanson on Sun, 2009-01-18 13:28.

Attorney General Michael Mukasey raised concerns that government agents and national security lawyers may be at risk for criminal prosecution after his likely successor, Eric Holder, declared that waterboarding of terror detainees is torture....

...He added that in the future, government lawyers and agents "have to be concerned that you may someday -- having given your best, most honest, most impartial advice -- have it be said of you that you sanctioned a crime." http://online.wsj.com/article/SB123214439576391669.html?mod=googlenews_wsj

http://www.afterdowningstreet.org/node/39080

.........................

UPDATE TO INCLUDE:
http://obsidianwings.blogs.com/obsidian_wings/2009/01/some-facts-for-obama-to-consider.html

(a/k/a Johns Hopkins Professor Hilary Bok)

It seems to me that these facts imply that if Barack Obama, or his administration, believe that there are reasonable grounds to believe that members of the Bush administration have committed torture, then they are legally obligated to investigate; and that if that investigation shows that acts of torture were committed, to submit those cases for prosecution, if the officials who committed or sanctioned those acts are found on US territory. If they are on the territory of some other party to the Convention, then it has that obligation. Under the Convention, as I read it, this is not discretionary. And under the Constitution, obeying the laws, which include treaties, is not discretionary either.

[bottomtheweaver]

1. B-but the pretzledent sed it was okay!

whahhhhh!!!

[csziggy]

17. Is that Gordon Ramsey? n/t

[mmonk]

2. To even pretend he approved of anything but criminal activity is nauseating on his part

[jaxx]

3. Oh this is a big announcement.

I'd say they're on the run with the excuses.

[kywildcat]

10. I agree- nt

[Bonhomme Richard]

4. I'm sure you could say Hitlers advisors..........

"government lawyers and agents "have to be concerned that you may someday -- having given your best, most honest, most impartial advice'

[deaniac21]

5. We have no need of an intelligence agency. Throw the whole

lot in jail.

[tekisui]

6. Get them all, top to bottom!

[Warren Stupidity]

7. Expect the pardons tonight or tomorrow.

Bush will leave a turd in the punchbowl on his way out. It is a Republican Presidential Tradition.

[Independent_Liberal]

12. He can pardon all he wants. They won't be legit.

And he'll only be admitting guilt anyway.

[Warren Stupidity]

14. actually they will be legit

the presidential pardon authority is rather unlimited. There it is sitting in the constitution, plain as day and no specific limitations other than impeachment: shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

[Independent_Liberal]

15. You can't pardon a crime you authorized.

One thing the founders came to an agreement on was that no one man can sit in judgment of himself. So no, they would be illegitimate, illegal pardons (an impeachable offense as well). Pardons CAN be undone too, it has happened before. Dave Swanson posted a blog about this recently. I also read somewhere that they can be challenged in court as well.

[hootinholler]

16. I don't think that has been tested in the law.

The Constitution is very broad in the pardon powers of the POTUS. There is precedent of a POTUS reversing a pardon as you pointed out that Dave Swanson cited. This is a very gray area and will no doubt end up before the Supremes should any action come to pass.

-Hoot

[malaise]

8. Don't tell me he's looking for some gravy droppings now

If Mukasey had one shred of decency, he would have started said prosecutions.

[spanone]

9. so mukasey can no longer provide cover for them....criminals...

do the crime, do the time

[spanone]

11. and what about an attorney general who covers for the criminals...you too mukasey

[Kip Humphrey]

13. Is he delivering the justification for last minute pardons?

just wondering.