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that's an under statement......
On Apr 22, 8:28*am, wrote: http://www.washingtonpost.com/wp-dyn...09/04/21/AR200... Triple sheesh, R |
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![]() -- Ken Fortenberry why do you hate your country? |
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On Wed, 22 Apr 2009 09:46:10 -0500, Ken Fortenberry
wrote: wrote: http://www.washingtonpost.com/wp-dyn...c=news letter Triple sheesh, Two deancounter posts in one day ? LOL !! Poor thing, your anti-Obama kookiness is moving from pathetic to pathological. Why shouldn't lawyers who write opinions justifying future acts of illegal torture as acceptable government policy be subjected to prosecution ? And don't even try to argue that waterboarding isn't illegal torture. Here's the thing - it is not _clearly_ "torture" under the legal definition, and if it isn't, then it is legal. Forget personal opinions for a moment - it isn't what you, I, or Obama think is "torture" and/or illegal, it is what is clear in the law. And clear in the law means inarguable, that reasonable minds cannot differ, there are no reasonable arguments to be made. That is not the case here. If it were, all reasonable people and legal experts (and I mean other than those involved) would agree that this was "torture" and it was illegal under a particular law/statute. They do not so agree. The relevant US law requires specific _intent_ to cause, at a minimum, extreme physical pain, long-lasting mental damage, etc. The law is quite clear in the Geneva Conventions and other international treaties to which the US is a signatory. Torture is illegal. First, the GC is not applicable, but yes, "torture" is illegal _as it is defined_ by the relevant statutes (which are somewhat similar to the GC). It is not clear that waterboarding, in and of itself and in all cases, is "torture." At the very least the Bushies responsible should be disbarred and the one on the federal bench should be impeached. Er, no, and I don't think you really want that as it exposes both Obama and Holden to impeachment and prosecution. Here's why, generally: It will require the same legal analysis made by Bybee, Yoo, etc. to determine whether prosecution is proper. If those doing the analysis find it not to be prosecutable conduct, then they themselves, in offering that opinion, have done exactly what Bybee and Yoo did - their opinion would be that Bybee's, Yoo's, etc. opinion(s) were "legal," "legally-defensible," or IAC, not prosecutable, and as such, the attorney(s) offering that opinion must, for consistancy's sake, then be "investigated." It must continue until someone decides that all of the past opinions were prosecutable conduct. Whenever it happens, the defense must do an analysis of the law with the aim of defending those clients, and in doing so, have just possibly committed the same prosecutable offense as their clients. If they reach the conclusion and then argue that their clients' position is legally-defendable, they have then committed the same offense as those clients. And if they defend their clients on that belief, then they have presented prima facie evidence of having committed that offense. I don't know whether you've thought this out or not, but "investigating" attorneys for offering legal opinions and analysis is incredibly dangerous to the system of law, so much so as to be potentially a mortal blow - this is bad, bad, BAD practice. And here's yet another really bad thing - if they are prosecuted by this administration, and a later administration were to be advised that those prosecutions were improper, they would be duty-bound (and now there would be precedent) to prosecute those involved in these prosecutions, should they take place. And, for example, if the Supreme Court were to rule that the prosecutions were improper, or God forbid, be forced to utter the phrase that they were "un-constitutional," those involved would need to be investigated and possibly prosecuted, their having formed and acted upon "improper" opinions. Sounds like a bunch of legal mumbo-jumbo? Well, maybe, but this is exactly and precisely why there should not even be the slightest hint of a threat of lawyers being prosecuted for offering arguable opinions or analysis, however much some may disagree with them, or Federal judges being impeached for having offered those opinions. I doubt any of them will ever see the inside of an American jail but it'd tickle me to see them be very afraid to venture outside the US. Be very careful of what you wish for on that basis - you're liable to get what you think you want only to find it abhorrent in the extreme when it arrives... Politics, political theater, and political shtick aside, this is really, really bad news, R |
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On Apr 22, 7:45*am, "~^ beancounter ~^" wrote:
that's an under statement...... On Apr 22, 8:28*am, wrote: http://www.washingtonpost.com/wp-dyn...09/04/21/AR200... Triple sheesh, R- Hide quoted text - - Show quoted text - Listen to Beanman, he seemed to be bashful about sharing his "real world" military experience with torturing prisoners yesterday but maybe today he will come forth because as he says, "War is a bitch." Dave Rightwing Ideology as a "get out of jail" card? Ain't going to work this time. |
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On Apr 22, 9:19*am, wrote:
For more than 50 years the Rightwing whackjobs have depended on the sense of national embarrassment to hide the saddo-masochistic and lawless character of their ideology. Forbearance has not slowed the evil. It is time the torturers and murderers in our midst be brought to justice before their psychoses becomes our norm. Soldiers do what they are asked. But the sick *******s who give the illegal orders need to be prosecuted. And the freelance killers cannot be allowed to claim the rights and understanding earned by our uniformed service men. We need to reopen some cold cases. For example . . . 1. It is particularly important to look resolve the EXECUTION OF AMERICAN CITIZENS by rightwing death squads with the reported presence of renegade CIA and irregular American DOD paid contract killers in Chile, Honduras, El Salvador, Panama, Guatemala, Argentina, and Nicaragua. It is unclear whether these *******s also were operating in Peru and Columbia. American families deserve to at least know if renegade Whackjob Americans participated in the execution of their loved ones. Repatriation of bodies is also an issue. 2. The Raygun era torture base operated by the US under the direction of Mr. Negraponte, at an airbase in Honduras. When production was not going fast enough, Raygun approved and Negraponte brought in a specialized Argentine Army torture unit, fresh from murdering several thousand Argentine couples and giving their children to deserving rightwing military and political couples. Several Americans were identified as entering Negraponte's torture base and disappearing. This cluster**** needs to be dealt with. 3. We need to investigate American corporate funded death squads reported to have been operating in the Eastern oil region of Equador, and having a connection to companies for which Dick Cheney and Bush #1 were officers or principals. This issue is separate and apart from un- prosecuted dealings both had with Libya, in violation of US law. 4. There's more but I am still eating breakfast. The dead and desaparecidos call out to the living for JUSTICE. Dave |
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On Apr 22, 8:08*am, "~^ beancounter ~^" wrote:
-- Ken Fortenberry why do you hate your country? Uneducated boobs like you threaten this country and its defense. You must not agree with George Washington who by general order to the Revolutionary Army, forbade torture, killing, and abuse of British and Hessian POWs even though "No Quarter" was the SOP for both the Brits and the Hessian's. Someone should explain to Beanbrain how British and Hessian troops began deserting to the Revolutionary Army after Washington's order, in large numbers and were often moved unguarded, to the frontier as settlers . The British kept sending soldiers, and they kept deserting to become Americans. In that way, and thru combat, we destroyed the largest English army ever deployed overseas, commanded by their best Generals. And this is but one reason why the professional American officer corps is deeply schooled in the humane treatment of POWs, and taught to keep abuses to a minimum in the horror of combat, formally illegal and punishable, according to circumstance. Dave They study history at West Point and Carlyle, not Wingnut jive. |
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On Apr 22, 11:21*am, DaveS wrote:
Dave They study history at West Point and Carlyle, not Wingnut jive. Correction: Washington's Revolutionary Army destroyed the largest English Army ever deployed overseas TO THAT DATE. |
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