Bushco WAR CRIMES=Conspiracy 18 USC 2441-PENALTY=Life Imprisonment Or Death

[kpete]

Isikoff suggests that the reason disbarment may be the recommendation of the report may be because rather than being the honest opinion and result of an honest view of the law, the opinions from Yoo, Bybee and their boss Steven Bradbury may have been specifically crafted to reach the White Houses desired conclusions. Apparently the reports doesn't recommend prosecution - but if it did there are plenty of fertiles grounds.
http://www.youtube.com/watch?v=lYPzk3juAQM&eurl=http://www.dailykos.com/storyonly/2009/2/17/111650/124/205/698492

If Isikoff is correct, the memos weren't legal guidance for the White House to follow - they were excuses and legal cover for the White House to get away with War Crimes.

If that's true - It could be prosecuted as:

Conspiracy under 18 USC 2441.

(A) Torture.— The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.

What happens when you violate 2441? This:

(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.
http://www4.law.cornell.edu/uscode/18/usc_sec_18_00002441----000-.html

more at:
http://www.dailykos.com/storyonly/2009/2/17/111650/124/205/698492

[Solly Mack]

1. Of course they can

it's the "will they?" that's in grave doubt

[sakabatou]

2. Now, the lawyers and the Obama government could prosecute their asses...

[Occam Bandage]

3. If there is convincing evidence that the Yoo opinions were commissioned for a specific conclusion,

then it completely changes my opinion as to whether prosecution is likely to be successful.

[G_j]

4. Gonzales also understood the specter of prosecution..

http://www.wagingpeace.org/articles/2006/09/23_holtzman_bushcrimes.htm

Bush Seeks Immunity for Violating War Crimes Act
by Elizabeth Holtzman, September 23, 2006

<snip>
Gonzales also understood that the specter of prosecution could hang over top administration officials involved in detainee mistreatment throughout their lives. Because there is no statute of limitations in cases where death resulted from the mistreatment, prosecutors far into the future, not appointed by Bush or beholden to him, would be making the decisions whether to prosecute.

To ''reduce the threat of domestic criminal prosecution under the War Crimes Act,'' Gonzales recommended that Bush not apply the Geneva Conventions to al-Qaida and the Taliban. Since the War Crimes Act carried out the Geneva Conventions, Gonzales reasoned that if the Conventions didn't apply, neither did the War Crimes Act. Bush implemented the recommendation on Feb. 7, 2002.

When the Supreme Court recently decided that the Conventions did apply to al-Qaida and Taliban detainees, the possibility of criminal liability for high-level administration officials reared its ugly head again.

What to do? The administration has apparently decided to secure immunity from prosecution through legislation. Under cover of the controversy involving the military tribunals and whether they could use hearsay or coerced evidence, the administration is trying to pardon itself, hoping that no one will notice. The urgent timetable has to do more than anything with the possibility that the next Congress may be controlled by Democrats, who will not permit such a provision to be adopted.

Creating immunity retroactively for violating the law sets a terrible precedent. The president takes an oath of office to uphold the Constitution; that document requires him to obey the laws, not violate them. A president who knowingly and deliberately violates U.S. criminal laws should not be able to use stealth tactics to immunize himself from liability, and Congress should not go along.

[Imagevision]

5. I would be satisfied to see Bush on the stand on CSPAN - for openers...

[Gregorian]

6. Nice. It would brighten my day if it came to fruition.

Somehow I don't think the world is ready for honest truth to that extent. Please prove me wrong. Please. I'm so tired.

[formercia]

7. Text of 2441 here:

http://journals.democraticunderground.com/formercia/232

[pleah]

8. I want nothing less than full prosecutions of all parties involved. n/t