Bolton Appointment -- Sumthin' to think about

[Geoff R. Casavant]

Hey all, just a quick musing late at night.

Suppose Bush was so fired up to appoint Bolton so there could be some kind of diplomatic immunity claim for TreasonGate?

No one has brought this up yet, and I'm not sure it even works, but I would lay odds they will make the argument soon.

Thoughts?

[BattyDem]

1. I don't think it's possible for someone ...

to have diplomatic immunity in their own country ... is it? :shrug:

In any case, I'm sure you're right: the Bushies will try to use it as a way to shield him. :eyes:

[Geoff R. Casavant]

2. What do you think?

These are the first two sentences of Article 29 of the Vienna Convention on Diplomatic Relations (the remainder of Art. 29 does not change the context):

"The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention."

And from Art. 31:

"1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. . . ."

"2. A diplomatic agent is not obliged to give evidence as a witness."

But, also from Art. 31:

"4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State."

Now, UN ambassadors from other nations have diplomatic immunity from US laws, although they are not technically ambassadors to the US, so the fact that the UN is located in the US may be an ambiguous factor. There is enough wiggle room in the language to enable an argument using the usual twisted RW logic and hair-splitting.

[BattyDem]

4. "the fact that the UN is located in the US may be an ambiguous factor"

Oh shit ... that's a very good point! The Bushies will definitely use that argument. :-(

But as vard28 said below, that can't make him immune from prosecution to anything that he was involved in BEFORE his appointment. How can you have diplomatic immunity before becoming a diplomat? :shrug: Of course, I'm looking at this from a reasonable and logical perspective ... and there is no reason or logic in this administration. Bolton is most likely off the hook for everything! :grr:

[vard28]

3. So does it apply...

... to anything that he was involved in BEFORE his appointment? Surely it's not retroactive for his entire career (such as it is...)?
I have read a few posts earlier this week that suggest he'll get immunity. That would SO bite the big one, if you'll pardon the expression.



:banghead:

[Geoff R. Casavant]

7. Assuming it does apply

then it applies retroactively to any conduct. Note that it only applies while he is a diplomat, and jurisdiction will reattach when he leaves the diplomatic post.

My money says keep watching, they will make the argument before too long, and a lot of the Kool-Aid drinkers will follow in lockstep.

[A-Schwarzenegger]

5. I thought of it first earelier today, thank you, & I've been refining it..

Technically I believe that the UN is on extra-global land
much like outer space or the moon is. If I recall that is
to not give the USA an advantage in different things related
to the UN, supranational relations, conflictive treaties, times when
the UN is closed, etc. All of this should be looked into, and
I'm sure it has by been those with special interests in its outcome
from a protective standpoint.

[Maple]

6. Bolton does not have

diplomatic immunity in the US.