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Tuesday, August 01, 2006

Please don't kill me!

Will Karla Faye Tucker get the last laugh? From Chris Floyd:
[The Bushies] went back to the bagmen on Capitol Hill this week, ordering their minions to provide retroactive legal cover for the rank offenses committed by the big boys at the top when they devised their torture regimen--in knowing, deliberate violation of the U.S. War Crimes Act, which was passed by acclamation in the Republican-led Congress in 1996, and toughened up the following year with the support of the Pentagon, the Washington Post reports.
...
[L]ast month, the Supreme Court's decision in the Hamdan v. Rumsfeld case effectively overturned the Bushists' "unitary executive" fantasies by ruling that the Geneva Conventions--which have been incorporated into U.S. law and are the basis of the War Crimes Act--applied to Bush's Terror War.

This was the nightmare scenario that Attorney General Alberto "The Fixer" Gonzales and Dick Cheney's capo, David "The Enforcer" Addington laid out in legal memos for George W. Bush in early 2002, when Bush, Cheney and Pentagon warlord Don Rumseld were signing off on the various tortures they would inflict on their captives. The legal minions told Bush that they could all be prosecuted, even executed, under the War Crimes Act for what they were doing--if the Geneva Conventions were upheld. Gonzales thus advised Bush to issue a presidential order stripping Terror War captives of the Geneva protections, the Post reports. Only this bit of weasel-wording could provide a "defense against future prosecution," Gonzales wrote.

What he forgot to say was that this defense would only work in a presidential dictatorship under the legally baseless "unitary executive;" otherwise, the president would still be bound by America's strict laws against torture. Thus any president who ordered interrogation techniques that violated those laws could be prosecuted; and if those techniques resulted in the murder of prisoners, then that president, and his minions, could be executed. So far, at least 35 Terror War captives have been killed in military or CIA custody, Human Rights Watch reports.
I don't see much chance that Bush and his fellow war criminals will be prosecuted, much less executed. But Floyd suggests that they're at least worried about it, which is why they're pursuing these after-the-fact bills in Congress. Of course, actually changing their behavior is out of the question for aWol and Torture Gonzales. Committing war crimes is what war criminals do.