Marjorie Cohn: Why Was Cheney So Quick to Admit He's a War Criminal?

[babylonsister]

Why Was Cheney So Quick to Admit He's a War Criminal?

By Marjorie Cohn, AlterNet. Posted December 20, 2008.

Cheney confessed because he thinks either Bush will pardon him or that Obama won't prosecute him -- but the law would forbid both approaches.


Dick Cheney has publicly confessed to ordering war crimes. Asked about waterboarding in an ABC News interview, Cheney replied, "I was aware of the program, certainly, and involved in helping get the process cleared." He also said he still believes waterboarding was an appropriate method to use on terrorism suspects. CIA Director Michael Hayden confirmed that the agency waterboarded three al-Qaida suspects in 2002 and 2003.

U.S. courts have long held that waterboarding, where water is poured into someone's nose and mouth until he nearly drowns, constitutes torture. Our federal War Crimes Act defines torture as a war crime punishable by life imprisonment or even the death penalty if the victim dies.

Under the doctrine of command responsibility, enshrined in U.S. law, commanders all the way up the chain of command, to the commander in chief, can be held liable for war crimes, if they knew or should have known their subordinates would commit them and they did nothing to stop or prevent it.

Why is Cheney so sanguine about admitting he is a war criminal? Because he's confident that either President Bush will preemptively pardon him or President-elect Obama won't prosecute him.

Both of those courses of action would be illegal.

more...

http://www.alternet.org/rights/114325/why_was_cheney_so_quick_to_admit_he%27s_a_war_criminal/?page=entire

[ixion]

1. it reminds me of the climax scene from "a few good men"

Judge Randolph: *Consider yourself in Contempt!*
Kaffee: *Colonel Jessep, did you order the Code Red?*
Judge Randolph: You *don’t* have to answer that question!
Col. Jessep: I'll answer the question!
{to Kaffee}
Col. Jessep: You want answers?
Kaffee: I think I'm entitled.
Col. Jessep: *You want answers?*
Kaffee: *I want the truth!*
Col. Jessep: *You can’t handle the truth!*
{pauses}
Col. Jessep: Son, we live in a world that has walls, and those walls have to be guarded by men with guns. Whose gonna do it? You? You, Lt. Weinburg? I have a greater responsibility than you could possibly fathom. You weep for Santiago, and you curse the marines. You have that luxury. You have the luxury of not knowing what I know. That Santiago's death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives. You don't want the truth because deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall. We use words like honor, code, loyalty. We use these words as the backbone of a life spent defending something. You use them as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it. I would rather you just said thank you, and went on your way, Otherwise, I suggest you pick up a weapon, and stand a post. Either way, I don't give a damn what you think you are entitled to.
Kaffee: Did you order the Code Red?
Col. Jessep: I did the job I...
Kaffee: *Did you order the Code Red?*
Col. Jessep: *You’re Goddamned right I did!*


And now I hope the Cheney drama unfolds thus:

Col. Jessep: {Judge dismisses the jury after Jessep's revelation on the stand about the Code Red} What is this? What's going on? I did my job, I'd do it again!
{stands up defiantly}
Col. Jessep: I'm gonna get on a plane and go on back to my base.
Judge Randolph: You're not going anywhere, Colonel. MP's... guard the Colonel!
{MPs take post}
Judge Randolph: Captain Ross?
Col. Jessep: What the hell is this?
Capt. Ross: Colonel Jessep, you have the right to remain silent. Any statement you make...
Col. Jessep: I'm being charged with a crime? Is that what this is? I'm being charged with a crime? This is funny. That's what this is. This is...
{turning to Kaffee and lunging at him}
Col. Jessep: ...I'm gonna rip the eyeballs out of your head and piss in your dead skull! You fucked with the wrong Marine!


And then it's off to the war crimes tribunals for BushCo. :woohoo:

[Double T]

2. Arrogance. "If the vice president says or does it then it can't be illegal."

psychopath.

[RaleighNCDUer]

3. Both of those courses of action would be illegal.

And...?

[MasonJar]

4. Very important article. Someone please forward this to Obama.

It is imperative that war crimes not be allowed to stand. If he does not want Holder involved, then he can go with a special prosecutor. This is the most important thing to be done. Obama's governing philosophy cannot be allowed to stand in the way of our law. We MUST push for recourse against the guilty; if they are innocent of war crimes, let them prove it in a court of law. That is more justice than they gave the detainees.