Does Bush have the authority to issue an executive order

[King Coal]

that permits torture? I don't think he does.

[ayeshahaqqiqa]

1. Not constitutionally

at least for citizens. Torture would come under 'cruel and unusual punishment'.

[Warpy]

2. No, he doesn't

Attempting to circumvent a treaty by executive fiat is unconstitutional and an impeachable offense.

His party is too corrupt to do the job, though.

[marc_the_dem]

3. excellent question

what are the limitations of executive orders / power? I've looked around but haven't found anything that clearly defines its limitations.

[InfoMinister]

4. Is This About the FBI E-mail the ACLU Released? N/T

[King Coal]

5. Yep.

[quiet.american]

6. According to Alberto Gonzales he does n/t

[disillusioned1]

7. Here's a link to the FBI memo mentioning exec order

obtained by the ACLU via FOIA.

http://www.aclu.org/torturefoia/released/FBI.121504.4940_4941.pdf

[dave123williams]

8. Even if he did; soldiers are under no obligation to take that order.

[one_true_leroy]

10. more precisely, they are legally culpable if they do take the order...

Nuremburg established that following orders is not a legal defense, so that means that the grunt soldiers, as usual, will take the fall for following orders, while those giving orders will just be quietly reassigned.

[DBoon]

9. And who will stop him?

Congress? The Supreme Court?

The rule of law works only when the law is enforced.

[InfoMinister]

11. Rush Limbaugh Is Already Saying It's A Setup

He's also trying to downplay the torture by only mentioning the Israeli flag. Nevermind the people who actually got killed during the torture and the released pictures we saw of the dead bodies.

http://www.rushlimbaugh.com/home/daily/site_122204/content/see_i_told_you_so.guest.html

[InfoMinister]

12. Also, NewsMax Is Downplaying It As Well

http://www.newsmax.com/archives/ic/2004/12/22/234026.shtml

I would like to see the entire e-mail, though.

[0007]

15. NewsMax would expect to down play it for sure.

[imenja]

13. executive orders can't violate existing federal law

My understanding is that presidents can issues execute orders as a matter of expediency, but such an order can't violating existing federal law. The torture provisions do. Sorry, I don't recall the law, but there is a federal law that forbids US citizens from carrying out torture. (It's not the Geneva Convention, rather a US law)

[imenja]

14. delete

delete

[InfoMinister]

16. Has Anyone Written To Newspapers or Representatives?

If you feel that there needs to be an investigation to see if Bush has been involved in this then please e-mail the press or representatives asking them to find out if the ACLU is accurate.