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What to do With the Torturers
by BooMan Thu Dec 18th, 2008 at 10:37:52 AM EST
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..... I would treat all of Washington DC as a crime scene, and I would initiate a justice-based Reign of Terror down on anyone that broke any significant law during the Bush years. I would get to the bottom of their criminality on everything from the torture and illegal spying, to perjury and obstruction of Congress, to corruption in the Pentagon, CIA, and Interior Department. I'd seriously consider a few Hatch Act prosecutions, just to send a message. But I know that I'm not going to get what I want. I know that, but what concerns me is that I will get nothing of what I want. The people that did this to our country will walk, free to run for high office again, free to serve in future administrations. That's my fear.
Yet, how can Washington avoid bringing a measure of justice? Can they just ignore the conclusions of the Armed Services committee?
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Armed Services chairman Carl Levin told Rachael Maddow last night that 'you can't just make something illegal legal by merely getting some lawyer to say it's legal.' And that's unambiguously true, unless those lawyers work in the Justice Department's Office of Legal Counsel. Historically, decision coming out of the OLC are considered authoritative, to the point of near-immunizing those that follow their guidance. But what if they say it's legal to murder people, so long as you observe them breaking the law? How about saying it's legal to torture people so long as you have a reason to suspect they mean you harm? Can any citizen do this, or just those in the government's employ? Can the mailman torture drug-dealers on his route?
In any case, there needs to be a full accounting of what was done. If we can have that, I don't foresee too many people will be willing to defend these criminals. We may want to move on, but part of moving on is ending the strained defenses of this administration too.
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