Politics

Pardon Me.

pO157.

Posted to Politics on Thu Nov 06, 2008 at 10:49:48 AM EST (promoted by port1080). RSS.

The President is officially a lame duck. The eyes of the nation turn to the incoming Obama administration to guide us out the economic morass and wars on two fronts. But as we all remember from 2001, the last days and weeks of an administration can be quite controversial. As the end nears for President Bush speculation will mount as to whether or not he will use his pardon power. Who will he choose to forgive? Why? And when will it be announced?

The end of term granting of reprieves is a time honored tradition. Presidents have used the end of their time in office to forgive thousands, usually average people convicted of mundane crimes decades past. Other times, pardons and commutations are granted in the middle of the term and are quite controversial. For example, President Bush came under fire for commuting the prison sentence of Scooter "Pie" Libby earlier in his term.

The pardon clerk's office has been criticized during the Bush administration. Founded by President Grover Cleveland, the office serves to investigate pardon requests and make recommendations to the President. Unfortunately, critics allege applications have been rejected out of hand or ignored (sometimes since the end of the Clinton administration).

President Bush has long been recognized as being relatively conservative with his reprieve powers. As governor of Texas he set a low of 19 his entire tenure, six of whom were people found to be wrongly convicted of crimes. His reluctance stems from a case where he granted a pardon to a man with a marijuana conviction so he could be come a police officer. That cop was later arrested for purloining blow just a few months later.

President Clinton granted 140 pardons in his last hours in office, including one to his brother, one of his former cabinet secretaries, and Patty Hearst.  President Bush '41 gave several pardons out before leaving Washington, including some to a contributors son. Let's not forget one of the most famous pardons of all time Another helped heal the divisions of the Vietnam war. The current President has already given out a few, but the big speculation is who (if anybody) will receive a December or January pardon.

Will it be those border patrol agents, now locked away in prison? Will Scooter Libby get the felony conviction removed from his record? Will he protect members of his own administration from future investigations? Will any at all be issued? What say ye?

Tags: edited by Port1080, written by pO157, news, pardons, politics, George W. Bush (all tags)

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2

The Bush Pardon Strategery.

MayorBob.

Thu Nov 06, 2008 at 11:14:41 AM EST

5.00 (interesting)

On January 18th, President George W. Bush issues a blanket pardon to Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Attorney General Alberto Gonzales, and a brigade of neo-cons for any and all crimes, transgressions or "Bozo Boo Boos" they may have committed while in office.  On January 19th, President George W. Bush submits his letter of resignation, effective immediately.  During breakfast on January 20th, President Dick Cheney issues a blanket pardon to George W. Bush.  Cheney comments this probably isn't necessary because no court would convict an insane man.

Tending to final details.

25

^ 2

Re: The Bush Pardon Strategery.

delete me.

Thu Nov 06, 2008 at 09:52:02 PM EST

none

If Bush and Dick get chopped by terrorists before they can pardon anyone, what then would President Pelosi do?

- derumi (del-me)
"Bobby Fischer? Man, that guy is crazy!" - Mike Tyson

3

Pardons for some, tiny American flags for others.

pO157.

Thu Nov 06, 2008 at 11:52:42 AM EST

5.00 (clairvoyant, cylindrical, cynical)

I disagree with the notion that Bush will pardon himself, or a large segment of his administration (obviously Scooter Pie will probably get some P-love). I would bet you dollars to donuts that there will be absolutely no investigation of the shenanigans of the Bush administration or their crimes. The Dems won't do it. They didn't go for his impeachment, they didn't hold real hearings on dozens of issues. The Dems either don't care or don't have the spine to do anything. Who knows, perhaps Obama will even order the records of the administration sealed for X number of years to "help heal the country."

Since this is the case, why should Bush worry about sullying his image by issuing blanket pardons? Look at the poop storm that enveloped Clinton simply for his last minute pardons, especially for clearing that fugitive. I'd imagine the GOP doesn't need any further damage to what little credibility it has left.

I think I'm like the only African-American, Dog, that can go to the projects by his fuckin' self and be good!

4

^ 3

Re: Pardons for some, tiny American flags for othe

MayorBob.

Thu Nov 06, 2008 at 12:32:18 PM EST

4.33 (astute, astute, astute)

"... why should Bush worry about sullying his image by issuing blanket pardons?"

As if he has much of an image to sully at this point.

Tending to final details.

5

^ 4

Re: Pardons for some, tiny American flags for othe

pO157.

Thu Nov 06, 2008 at 12:41:51 PM EST

none

Sure, but I see it more likely that there will be a back channel deal between the GOP and the Dems to avoid a mass pardon party in exchange for an agreement that there will be no investigations.

That way everybody wins, and Obama is assured the same will be done for him if he royally screws up over the next 4 years. I'd imagine the above gentlemen's agreement actually occurs each time there is a transition. Hundreds of flunkies working with all that power, it's unlikely that nobody committed a crime over 4 to 8 years. An investigation into any administration would likely find some skeletons in the closet, except this one obviously has 100 or 1000x more.

I think I'm like the only African-American, Dog, that can go to the projects by his fuckin' self and be good!

20

Steal his thunder

Steve Urkel.

Thu Nov 06, 2008 at 09:15:43 PM EST

3.66 (crapulent, homoerotic, rectal)

Bush should preempt Obama and pardon OJ.

31

^ 20

You're gonna have to come in on Saturday.

pO157.

Thu Nov 06, 2008 at 11:58:00 PM EST

5.00 (astute)

Ooooooh. I'm gonna have to sort of go ahead there and disagree with you for a second. Yeah, I just don't see how a President could pardon somebody for a state offense. So I'm going to have to go ahead and ask you to leave the race baiting out of this thread. Yeah. And I'll make sure you get a copy of that memo. Thanks a bunch!

I think I'm like the only African-American, Dog, that can go to the projects by his fuckin' self and be good!

32

^ 31

Re: You're gonna have to come in on Saturday.

Lou.

Fri Nov 07, 2008 at 12:34:57 AM EST

5.00 (erotic, autoerotic, tame)

But race baiting is what he does best...in fact, you could call him a master-race baiter.

Minty fresh

35

^ 32

Note to profwhat.

MayorBob.

Fri Nov 07, 2008 at 11:05:01 AM EST

none

Another word to add to the adjectives: masturbatory.

Tending to final details.

37

^ 35

Re: Note to profwhat.

Lou.

Fri Nov 07, 2008 at 05:05:57 PM EST

5.00 (ribald, raucous)

Not a bad idea except Z won't leave it along.

Minty fresh

22

^ 20

Re: Steal this bunghole

Lou.

Thu Nov 06, 2008 at 09:24:30 PM EST

4.50 (informative, jealous, astute)

You really are an asshole, you know that?

Minty fresh

6

Re: Pardon Me.

zyxwvutsr.

Thu Nov 06, 2008 at 12:45:06 PM EST

2.00 (leading, obtuse)

Can anyone who thinks that Bush and/or Cheney need to fear prosecution please explain what laws they have broken? Or do you think they will be prosecuted solely as political payback and not based on the law?

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^ 6

Re: Pardon Me.

Thalia.

Mon Nov 10, 2008 at 09:15:03 PM EST

5.00 (other)

The easy one is infinitely detaining U.S. citizens without a trial.  The right of habeas corpus might ring a bell.

The other easy one is deliberaly lying to the American people in order to cause war.  

By the way "high crimes and misdemeanors" doesn't require a criminal statute to be violated.  A simple violation of the President's constitutional obligation would likely be sufficient.  Nixon did not break and enter, you know.  He just authorized someone else to do it.

T.

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^ 49

Re: Pardon Me.

zyxwvutsr.

Mon Nov 10, 2008 at 09:51:06 PM EST

2.00 (fatuous, bunched)

The easy one is infinitely detaining U.S. citizens without a trial.  The right of habeas corpus might ring a bell
Oh, good one. What criminal statute covers that?

The other easy one is deliberaly [sic] lying to the American people in order to cause war
Oh, good one. What criminal statute covers that?

By the way "high crimes and misdemeanors" doesn't require a criminal statute to be violated
By the way, pardons don't apply to impeachment. (I guess you missed the day they taught the Constitution at law school.)

Nixon did not break and enter, you know.  He just authorized someone else to do it
Nixon's crimes were things such as accessory after the fact and misprison of felony. I guess you also missed the day they taught about Watergate.

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^ 52

Re: Pardon Me.

Thalia.

Mon Nov 10, 2008 at 10:03:47 PM EST

5.00 (telling, exhaustive)

What's got your panties in a bunch?

For the false statements to lead the nation into war, let's copy Article 1 from Nixon's impeachment:

Article 1: Obstruction of Justice.
http://legal-dictionary.thefreedictionary.com/obstruction+of+justice

In his conduct of the office of the President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that: On June 17, 1972, and prior thereto, agents of the Committee for the Re-Election of the President committed unlawful entry of the headquarters of the Democratic National Committee in Washington, District of Columbia, for the purpose of securing political intelligence. Subsequent thereto, Richard M. Nixon, using the powers of his high office, engaged personally and through his subordinates and agents in a course of conduct or plan designed to delay, impede and obstruct investigations of such unlawful entry; to cover up, conceal and protect those responsible and to conceal the existence and scope of other unlawful covert activities. The means used to implement this course of conduct or plan have included one or more of the following:

(1) Making or causing to be made false or misleading statements to lawfully authorized investigative officers and employes of the United States.

(2) Withholding relevant and material evidence or information from lawfully authorized investigative officers and employes of the United States.

(3) Approving, condoning, acquiescing in, and counseling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employes of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings.

....  work for you?

For the Writ of Habeas Corpus, let's copy Article 2:

Article 2: Abuse of Power.

Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, imparting the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purposes of these agencies.

And for good measure, let's add Article 3:

Article 3: Contempt of Congress.

In his conduct of the office of President of the United States, Richard M. Nixon, contrary to his oath faithfully to execute the office of the President of the United States, and to the best of his ability preserve, protect and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, had failed without lawful cause or excuse, to produce papers and things as directed by duly authorized subpoenas issued by the Committee on the Judiciary of the House of Representatives, on April 11, 1974, May 15, 1974, May 30, 1974, and June 24, 1974, and willfully disobeyed such subpoenas. The subpoenaed papers and things were deemed necessary by the Committee in order to resolve by direct evidence fundamental, factual questions relating to Presidential direction, knowledge or approval of actions demonstrated by other evidence to be substantial grounds for impeachment of the President. In refusing to produce these papers and things, Richard M. Nixon, substituting his judgement as to what materials were necessary for the inquiry, interposed the powers of the Presidency against the lawful subpoenas of the House of Representatives, thereby assuming to himself functions and judgments necessary to the exercise of the sole power of impeachment vested by Constitution in the House of Representatives.

T.

57

^ 54

Re: Pardon Me.

zyxwvutsr.

Tue Nov 11, 2008 at 10:44:28 AM EST

3.00 (obnoxious, rebutting)

For the false statements to lead the nation into war, let's copy Article 1 from Nixon's impeachment
Article 1 doesn't have anything whatsoever to do with false statements leading the nation to war. Do you even bother to read shit before you copy and paste it?

None of the rest of that says, or even suggests, that Nixon authorized the Watergate break in. So I ask you again, what's your point?

59

^ 57

Re: Pardon Me.

JimmyHavok.

Tue Nov 11, 2008 at 03:17:24 PM EST

none

You're just trolling.

(3) Approving, condoning, acquiescing in, and counseling witnesses with respect to the giving of false or misleading statements to lawfully authorized investigative officers and employes of the United States and false or misleading testimony in duly instituted judicial and congressional proceedings.
Or are you illiterate?  It's so hard to tell the difference.

62

^ 59

Re: Pardon Me.

zyxwvutsr.

Tue Nov 11, 2008 at 03:34:48 PM EST

none

You're just trolling
No, James, Nixon was not impeached because of, "false statements to lead the nation into war."

65

^ 62

pas pardon

JimmyHavok.

Tue Nov 11, 2008 at 07:01:03 PM EST

none

You're right, Nixon wasn't impeached, but it wasn't because of false statements.

Do you have some sort of impression that false statements leading to war are somehow less of an offense than other false statements to "duly instituted judicial and congressional proceedings?"  What if the falsehoods had been unsuccessful?  Since they wouldn't be "false statements leading to war," would they then be grounds for indictment?

66

^ 65

Re: pas pardon

zyxwvutsr.

Tue Nov 11, 2008 at 09:28:55 PM EST

none

You're right, Nixon wasn't impeached...
I wasn't arguing about whether Nixon was impeached or not. Are you even bothering to read my comments before responding?

Do you have some sort of impression that false statements leading to war are somehow less of an offense than other false statements to "duly instituted judicial and congressional proceedings?"
It's not only my impression, US law says so.

What if the falsehoods had been unsuccessful? Since they wouldn't be "false statements leading to war," would they then be grounds for indictment?
To which false statements are you referring?

67

^ 66

Re: pas pardon

JimmyHavok.

Tue Nov 11, 2008 at 10:03:07 PM EST

4.00 (hilarious, funny)

Are you even bothering to read my comments before responding?

I have wondered if you read them before you post them.

US law says [false statements leading to war are OK]

Interesting claim.  Which statute is that?

68

^ 67

Re: pas pardon

zyxwvutsr.

Tue Nov 11, 2008 at 10:13:42 PM EST

2.00 (confused)

US law says [false statements leading to war are OK]

Interesting claim.  Which statute is that?

No statute, as far as I know. I didn't say it either.

69

^ 68

Re: pas pardon

JimmyHavok.

Tue Nov 11, 2008 at 10:26:11 PM EST

none

Your memory is awfully bad.  Perhaps I should quote more liberally:

   Do you have some sort of impression that false statements leading to war are somehow less of an offense than other false statements to "duly instituted judicial and congressional proceedings?"
It's not only my impression, US law says so.

70

^ 69

Re: pas pardon

zyxwvutsr.

Tue Nov 11, 2008 at 11:56:15 PM EST

none

"[S]omehow less of an offense" is not the same as "OK."

71

^ 70

Re: pas pardon

JimmyHavok.

Wed Nov 12, 2008 at 06:39:22 PM EST

none

You've been arguing "not criminal," or, as I paraphrased it, "less offensive" or "OK."

Most people do the work of keeping up with their own arguments.  But then, you aren't actually arguing, are you, you're just beating on the keyboard and clicking the "post" button.

72

^ 71

Re: pas pardon

zyxwvutsr.

Wed Nov 12, 2008 at 10:59:06 PM EST

none

You've been arguing "not criminal,"
Why do you find that so hard to understand? Lying by a politician about political matters is not a criminal offense.

73

^ 72

Re: pas pardon

JimmyHavok.

Thu Nov 13, 2008 at 03:36:33 AM EST

none

Learn to read.

false statements to "duly instituted judicial and congressional proceedings?"

74

^ 73

Re: pas pardon

zyxwvutsr.

Thu Nov 13, 2008 at 08:42:30 AM EST

none

When did Bush make false statements to "duly instituted judicial and congressional proceedings?"

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^ 57

Re: Pardon Me.

Thalia.

Tue Nov 11, 2008 at 03:25:34 PM EST

none

Article 1 is about making deliberately false statements as part of obstructing justice.  That's pretty much what Bush is accused of.  And my POINT was that the articles did NOT say that Nixon authorized the Watergate break in.  The Articles of Impeachment said that he deliberately misled Congress and investigators, that he made false statements knowingly, he deliberately violated the constitutional rights of U.S. citizens, and that he exhibited Contempt for Congress.  These parallel almost precisely the accusations against GWBush.  

T.

63

^ 60

Re: Pardon Me.

zyxwvutsr.

Tue Nov 11, 2008 at 03:40:59 PM EST

2.00 (sad, partial, shameless)

Article 1 is about making deliberately false statements as part of obstructing justice.  That's pretty much what Bush is accused of
He is?! Who has accused him of that?

And my POINT was that the articles did NOT say that Nixon authorized the Watergate break in
Of course they don't: you're the one who claimed that Nixon authorized a break in.

The Articles of Impeachment said that he deliberately misled Congress and investigators, that he made false statements knowingly, he deliberately violated the constitutional rights of U.S. citizens, and that he exhibited Contempt for Congress.  These parallel almost precisely the accusations against GWBush
The difference is that there was actual evidence that Nixon did those things - the accusations against Bush are merely the product of the opinions of people with overactive imaginations.

Also, Nixon wasn't impeached because "he exhibited Contempt for Congress." You made that up.

9

^ 6

broken laws

wetkarma.

Thu Nov 06, 2008 at 02:12:19 PM EST

4.00 (astute)

Specific to Bush/Cheney or the administration in general?

At the feet of the Prez and VP I charge:
The president ordering torture of terror suspects, kidnap of terror suspects, indefinite detention of suspects without trial. A variety of federal and international law prohibits this.

The president violating [unnamed] Americans rights under the first and fourth amendments as well as violating FISA by tapping conversation of americans without warrants. A program ruled to be unconstitutional.

Those are issues with the presidents signature behind them. Separately there are a raft of other actions whose actions were coordinate from the administration - such as the EPA lying to people about air quality in NY.

"The problem with socialism is that eventually you run out of other people's money."

10

^ 9

Re: broken laws

zyxwvutsr.

Thu Nov 06, 2008 at 02:21:14 PM EST

none

I've looked in the past to see if there are laws that cover ordering torture, but couldn't find any. There are, of course, laws prohibiting the act of torture, but that wouldn't cover the president. The one law that I found was very specific that it applied solely to acts taken outside the US.

I'm curious what laws you think prohibit ordering indefinite detention of suspects. Perhaps there is a treaty that covers some of the specific acts you have in mind, but how do you prosecute an American for violating a treaty?

The FISA law is written in a manner that is analogous to the anti-torture laws: actually wiretapping without a warrant - that is, if you're the tech or investigator who performs the nuts and bolts of a wiretap - is illegal, but not, apparently, requesting or ordering someone to do so. If I have missed something such as a conspiracy clause in the FISA law, please correct me.

I'm unaware of the statute that covers possible lies about air quality. Can you point that one out?

11

^ 10

Re: broken laws

wetkarma.

Thu Nov 06, 2008 at 02:53:45 PM EST

5.00 (astute, informative)

I've looked in the past to see if there are laws that cover ordering torture, but couldn't find any. There are, of course, laws prohibiting the act of torture, but that wouldn't cover the president

If you want to delve into the idea that no law specifically outlaws ordering torture, then we can start with RICO statutes and move on to the entire rationale whereby Milosevic was tried.


I'm curious what laws you think prohibit ordering indefinite detention of suspects. Perhaps there is a treaty that covers some of the specific acts you have in mind, but how do you prosecute an American for violating a treaty?

Starting with the Magna Carta - the right of habeas corpus has been firm jurisprudence throughout American history. The president doesn't get to order people to be held indefinetly without trial --several cases have affirmed this most critically Hamdan v. Rumsfeld  and Bourmediene v. Bush.

As to the EPA making false statements on air quality, aside from the irony that Ted Stevens was just convicted for making false statements, there is also the issue of propaganda. Nevertheless there are at least three lawsuits against the EPA and Christine Whitman over statements re: air quality post 9/11. We'll see what the courts decide on what laws were broken.

"The problem with socialism is that eventually you run out of other people's money."

13

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Re: broken laws

zyxwvutsr.

Thu Nov 06, 2008 at 03:21:54 PM EST

3.00 (legal)

...we can start with RICO statutes and move on to the entire rationale whereby Milosevic was tried
Amusing though it is to hear the suggestion that the US Government is a criminal enterprise, I doubt any federal prosecutor would agree. Milosevec was not prosecuted under US law, so that example is wholly irrelevant.

The president doesn't get to order people to be held indefinetly without trial --several cases have affirmed this most critically Hamdan v. Rumsfeld  and Bourmediene v. Bush
What criminal statute did Bush and/or Rumsfeld violate? You cannot prosecute unless there is a criminal statute.

As to the EPA making false statements on air quality, aside from the irony that Ted Stevens was just convicted for making false statements, there is also the issue of propaganda
Again, you have not (and as far as I can tell, cannot) cite a specific criminal statute. That tends to confirm my opinion that Bush et al cannot be prosecuted for any crimes.

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Re: broken laws

Chronon.

Thu Nov 06, 2008 at 07:14:56 PM EST

5.00 (scholarly)

Doesn't ordering torture constitute conspiracy to commit torture?

======

From http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/113c/sections/section_2340a.html
---------


Section 2340A. Torture

      (a) Offense. - Whoever outside the United States commits or
    attempts to commit torture shall be fined under this title or
    imprisoned not more than 20 years, or both, and if death results to
    any person from conduct prohibited by this subsection, shall be
    punished by death or imprisoned for any term of years or for life.
      (b) Jurisdiction. - There is jurisdiction over the activity
    prohibited in subsection (a) if -
        (1) the alleged offender is a national of the United States; or
        (2) the alleged offender is present in the United States,
      irrespective of the nationality of the victim or alleged
      offender.

      (c) Conspiracy. - A person who conspires to commit an offense
    under this section shall be subject to the same penalties (other
    than the penalty of death) as the penalties prescribed for the
    offense, the commission of which was the object of the conspiracy.

21

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Re: broken laws

zyxwvutsr.

Thu Nov 06, 2008 at 09:21:26 PM EST

1.00 (owned)

"...outside the United States..."

(See comment #10 above.)

23

^ 21

Re: broken laws

Chronon.

Thu Nov 06, 2008 at 09:33:16 PM EST

5.00 (owning)

(b) Jurisdiction. - There is jurisdiction over the activity
    prohibited in subsection (a) if -
        (1) the alleged offender is a national of the United States; or
        (2) the alleged offender is present in the United States,
      irrespective of the nationality of the victim or alleged
      offender.

This suggests that the law applies everywhere so long as the offender is a national of the United States.

24

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Re: broken laws

zyxwvutsr.

Thu Nov 06, 2008 at 09:43:33 PM EST

none

You're a lawyer? Because a plain reading of the phrase "[w]hoever outside the United States commits..." sure makes it sound as though they're talking about acts committed outside the United States. The jurisdiction section is similarly plainly worded, so it would take a lawyer to argue that it means something that it doesn't say.

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^ 24

Re: broken laws

Chronon.

Thu Nov 06, 2008 at 10:17:51 PM EST

none

It seems you are correct about that.  There's a clarification here:

"Section 2340. Definitions

      As used in this chapter -
        (1) "torture" means an act committed by a person acting under
      the color of law 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;
        (2) "severe mental pain or suffering" means the prolonged
      mental harm caused by or resulting from -
          (A) the intentional infliction or threatened infliction of
        severe physical pain or suffering;
          (B) the administration or application, or threatened
        administration or application, of mind-altering substances or
        other procedures calculated to disrupt profoundly the senses or
        the personality;
          (C) the threat of imminent death; or
          (D) the threat that another person will imminently be
        subjected to death, severe physical pain or suffering, or the
        administration or application of mind-altering substances or
        other procedures calculated to disrupt profoundly the senses or
        personality; and

        (3) "United States" includes all areas under the jurisdiction
      of the United States including any of the places described in
      sections 5 and 7 of this title and section 46501(2) of title 49.
"

So, apparently it's legal to torture people as long as it's on US controlled soil.  How stupid.

27

^ 26

Re: who's stupid?

zyxwvutsr.

Thu Nov 06, 2008 at 10:33:00 PM EST

none

apparently it's legal to torture people as long as it's on US controlled soil
Torture is illegal in every US state and all US territories.

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^ 27

Re: who's stupid?

Chronon.

Thu Nov 06, 2008 at 10:57:40 PM EST

none

So then it would seem to be prohibited both in US territory and outside of US territory.  What am I missing?

29

^ 28

Re: who's stupid?

zyxwvutsr.

Thu Nov 06, 2008 at 11:00:27 PM EST

5.00 (funny)

You're missing the fact that neither Bush nor Cheney tortured anyone.

30

^ 29

Re: who's stupid?

thefadd.

Thu Nov 06, 2008 at 11:34:02 PM EST

none

They tortured me ;-)

It is easy to buy small plaster models of what you think life is like.

48

^ 24

Re: broken laws

Thalia.

Mon Nov 10, 2008 at 09:09:45 PM EST

none

Why yes, I am a lawyer.  And how do you figure that torture in Iraq, Afghanistan, and black sites where the CIA practiced extraordinary rendition wouldn't classify as outside the United States?

T.

50

^ 48

Re: broken laws

zyxwvutsr.

Mon Nov 10, 2008 at 09:36:43 PM EST

none

...how do you figure that torture in Iraq, Afghanistan, and black sites where the CIA practiced extraordinary rendition wouldn't classify as outside the United States?
It does, obviously. What's your point?

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^ 50

Re: broken laws

Thalia.

Mon Nov 10, 2008 at 09:45:50 PM EST

5.00 (awesome)

18 USC § 2340A

(a)  Offense.-- Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction.-- There is jurisdiction over the activity prohibited in subsection (a) if--
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.-- A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

So torture was committed in Iraq, yes?  And also at extra-ordinary rendition sites outside the U.S.  The Executive, and according to testimony the President personally, instructed the use of torture.  That seems to fit the classic definition of conspiracy.   So I'm unclear why you're arguing that this law wouldn't apply.

T.

53

^ 51

Re: broken laws

zyxwvutsr.

Mon Nov 10, 2008 at 09:53:15 PM EST

1.50 (fatuous, dim)

So a conspiracy need not take place in the same jurisdiction as covers the crime? What statute says that?

55

^ 53

Re: broken laws

Thalia.

Mon Nov 10, 2008 at 10:06:32 PM EST

5.00 (brilliant, telling)

You're seriously arguing that if I conspire with someone in Florida to say (just hypothetically) blow up a building in New York, I cannot be accused of conspiracy?  Because they're in different jurisdictions?

T.

58

^ 55

Re: broken laws

JimmyHavok.

Tue Nov 11, 2008 at 03:12:04 PM EST

none

Egsackly!  Osama bin Laden is innocent!

16

^ 13

mostly as an aside

thefadd.

Thu Nov 06, 2008 at 05:56:17 PM EST

none

I'd think it a lot more likely (though still not terribly likely in its own right) that some small European country would make a play at Bush/Cheney in international law if they happened to travel to said theoretical area. I'm guessing US pardons would apply there.

It is easy to buy small plaster models of what you think life is like.

17

^ 16

Re: mostly as an aside

zyxwvutsr.

Thu Nov 06, 2008 at 05:58:01 PM EST

4.00 (repetitious)

Why would a European country care about a pardon issued by the US?

41

^ 13

Re: broken laws

JimmyHavok.

Sat Nov 08, 2008 at 03:59:51 AM EST

none

What criminal statute did Bush and/or Rumsfeld violate? You cannot prosecute unless there is a criminal statute.

Kidnapping.  Conspiracy to commit etc.

45

^ 41

Re: broken laws

zyxwvutsr.

Sat Nov 08, 2008 at 10:15:46 AM EST

none

They'd, of course, argue that any such acts were lawful because they were done under the flag of the CIA. It would be an interesting precedent and likely shut down many CIA activities, and would therefore probably never come to pass.

12

^ 11

Re: broken laws

Jackkeefe.

Thu Nov 06, 2008 at 03:11:25 PM EST

none

The president doesn't get to order people to be held indefinetly without trial --several cases have affirmed this most critically Hamdan v. Rumsfeld  and Bourmediene v. Bush.

Do you think the President can be held criminally liable for actions taken prior to these Supreme Court decisions?  His actions certainly seem permissible under Johnson v. Eistranger, which  was good law at the time.  It  seems a harsh and arbitrary  standard to hold the President criminally liable because he should have anticipated the Court would overturn Johnson and rule 5-4 against his policies.  Ex Post Facto and all that.      

7

^ 6

It doesn't matter.

pO157.

Thu Nov 06, 2008 at 01:13:36 PM EST

none

I know you're trolling, but I don't care.

If there was even a minor amount of a spine for "political payback" among the Democratic party BushCo would have been impeached months/years ago.

No, to try and do anything would simply point out how limp wristed they were during his years in office.

I think I'm like the only African-American, Dog, that can go to the projects by his fuckin' self and be good!

8

^ 7

Re: It doesn't matter.

zyxwvutsr.

Thu Nov 06, 2008 at 02:09:16 PM EST

none

There are comments here insinuating that Bush and Cheney feel the need to be pardoned and I'm trolling?

34

^ 6

Re: Pardon Me.

DEMachina.

Fri Nov 07, 2008 at 11:00:21 AM EST

none

Two words: Geneva Convention.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

36

^ 34

Re: Pardon Me.

zyxwvutsr.

Fri Nov 07, 2008 at 04:47:01 PM EST

none

What's the criminal statute under which they could theoretically be prosecuted?

38

^ 36

Re: Pardon Me.

DEMachina.

Sat Nov 08, 2008 at 12:45:04 AM EST

none

Mostly the Third Geneva Convention, the bits about not torturing prisoners of war.  SCOTUS has ruled that this applies to people in Guantanamo.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

39

^ 38

Re: Pardon Me.

zyxwvutsr.

Sat Nov 08, 2008 at 12:59:29 AM EST

none

The Third Geneva Convention is not a US criminal statute and therefore cannot be the basis of a prosecution. Try again.

40

^ 39

Re: Pardon Me.

delete me.

Sat Nov 08, 2008 at 02:53:52 AM EST

none

Mmm. The U.S. Constitution does call treaties "the Supreme Law of the Land." Perhaps a civic penalty, then?

- derumi (del-me)
"Bobby Fischer? Man, that guy is crazy!" - Mike Tyson

44

^ 40

Re: Pardon Me.

zyxwvutsr.

Sat Nov 08, 2008 at 10:15:35 AM EST

none

The U.S. Constitution does call treaties "the Supreme Law of the Land."
No it doesn't.

46

^ 44

Re: Pardon Me.

DEMachina.

Sat Nov 08, 2008 at 02:33:02 PM EST

5.00 (astute)

Try again.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land....

Article VI.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

47

^ 46

Re: Pardon Me.

zyxwvutsr.

Sat Nov 08, 2008 at 03:17:55 PM EST

none

That's correct: put it in context and you see it does not say, treaties are "the Supreme Law of the Land." More to the point, however, a treaty cannot be the basis for a criminal prosecution without a separate federal statute making certain actions illegal. A soldier, for example, cannot be prosecuted for "violating the Third Geneva Convention." He can, however, be prosecuted under Article 93 of the Uniform Code of Military justice, a statute established by Congress.

1

pardons for all!

wetkarma.

Thu Nov 06, 2008 at 11:12:29 AM EST

none

 All CIA and military agents who tortured anyone (even though the USA doesn't torture)
Christie Whitman (and other members of the EPA) - lying about air quality after 9/11
Scooter Libby (naturally)
Karl Rove -- blanket immunity for all actions taken throughout the two terms
Cheney -- ditto Rove

And last but not least -- George W. Bush -- for all actions taken during is term of office.

"The problem with socialism is that eventually you run out of other people's money."

14

Meh

Bryan Bytehead.

Thu Nov 06, 2008 at 03:38:27 PM EST

none

There are going to be plenty of pardons that people that do not like Bush 43 will go apoplectic over.  That is a given.  Because I expect it, I shouldn't be one of them.  

The pardons themselves may only become footnotes, but it will become part of his legacy and history, and I don't expect future historians to be too kind to him.  

I still expect that sometime next year Mr. Bush will be indicted for war crimes and crimes against humanity.  He may even be tried at some point, although much more likely in absentia than in person.  That will definitely be more than a footnote.

15

^ 14

Re: liberal fantasies

zyxwvutsr.

Thu Nov 06, 2008 at 04:40:57 PM EST

none

Mr. Bush will be indicted for war crimes and crimes against humanity
Indicted by whom?

18

^ 15

Re: liberal fantasies

thefadd.

Thu Nov 06, 2008 at 06:01:25 PM EST

none

If you got an overzealous liberal government in a small European country it could happen. Not that I personally think anything at all would come of it.

It is easy to buy small plaster models of what you think life is like.

33

^ 14

Re: Meh

laputanmachine.

Fri Nov 07, 2008 at 04:45:57 AM EST

none

I too hope Bush goes to prison, state sponsored or not.

42

With a bullet

JimmyHavok.

Sat Nov 08, 2008 at 05:47:10 AM EST

none

Number one on the pardon list: Ted Stevens.  I'm expecting it any minute now.

43

^ 42

Don't hold your breath.

MayorBob.

Sat Nov 08, 2008 at 09:08:17 AM EST

none

He'll do it on the way out of office.

Tending to final details.

56

^ 43

Re: Don't hold your breath.

thefadd.

Mon Nov 10, 2008 at 11:00:36 PM EST

none

Right before he turns out the light but after he steals all the O's from the keyboards.

It is easy to buy small plaster models of what you think life is like.

61

^ 56

Re: Don't hold your breath.

JimmyHavok.

Tue Nov 11, 2008 at 03:29:46 PM EST

none

That was the bellwether of everything the Bush administration has done.  Is there anything they haven't lied about?

64

Re: Thought experiment

pO157.

Tue Nov 11, 2008 at 06:06:05 PM EST

none

If Stevens gets pardoned by the President, is the Senate still within his rights to expel him since he is no longer a convicted felon?

I think I'm like the only African-American, Dog, that can go to the projects by his fuckin' self and be good!

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