Wink and a Nod? Sen. Kit Bond States That Holder Secured His Vote By Privately Promising Not to Prosecute Any War Crimes

160px-kit_bond_official_portraitholderericSen. Christopher “Kit” Bond (R., Mo.), the vice chairman of the Senate Select Committee on Intelligence, has told The Washington Times that Eric Holder privately assured him that there would be no prosecution of Bush officials for torture or unlawful acts. The story is reminiscent of last week’s statement by Gen. Michael Hayden that he was assured by President Obama that there would be no investigations or prosecutions allowed for war crimes committed by the Bush Administration. I discussed this story and the recent ACLU demand for the release of the torture and surveillance memos on this segment of Countdown.

Sen. Bond says that Holder secured his vote with the promise and the story has added to concerns by civil libertarians that the Democrats are playing another game of bait and switch on the issue: pretending to consider prosecution while privately assuring Republicans that no one will be held accountable.

While Holder denies the statement (and Obama denies the statement to Hayden), these concerns would be put to rest if the Administration would simply say that any alleged crimes will be investigated and, when the evidence warrants it, any accused criminals will be prosecuted. War crimes are not matters of discretionary politics. The fact that they are still not making that simple statement adds credibility to such accounts.

For the latest story, click here.

74 Responses to “Wink and a Nod? Sen. Kit Bond States That Holder Secured His Vote By Privately Promising Not to Prosecute Any War Crimes”


  1. 1 mespo727272 1, January 29, 2009 at 9:13 am

    We talked about this last night on another thread. I agree with Mike Appleton that this smells of an attempt to undermine Holder before any investigation begins. I also find the promises in the dark rarely get kept.

  2. 2 jonolan 1, January 29, 2009 at 9:28 am

    Under what actual US statutes would these people be prosecuted? From what I read of our laws regarding such things, there are no applicable charges to level against anyone.

    On a more pragmatic note – If Obama is planning, as he said, on expanding what forms of interrogation are allowed by the US Army Field manual, he’s hardly going to allow any investigations until those changes are made. It be very embarrassing to add something to our arsenal and then have those same sort of actions be used by the prosecution in a trial.

  3. 3 Petr 1, January 29, 2009 at 10:09 am

    concerns by civil libertarians that the Democrats are playing another game of bait and switch on the issue: pretending to consider prosecution while privately assuring Republicans that no one will be held accountable.

    Is it possible that it’s the other way ’round? Dems are pretending, to the repubs, that no one will be held accountable while working feverishly to bring those to account.

    That certainly maps more cleanly to my view of both Democrats and Republicans: the one kinda subtle and the other… well.. not.

    It’s also, methinks, entirely possible that, like FDR, Obama and other Dems have mastered the dissemblers touch: that form of negotiation… (diplomacy?…) whereby all parties are left thinking they have agreement when in fact some are about to be take to the woodshed. It was, I’m told, one of FDRs greatest weapons…

  4. 4 Buddha Is Laughing 1, January 29, 2009 at 10:13 am

    All I have to say is don’t prosecute Bush and see how well that second term goes right in the toilet. Not punishing them leads to one outcome – civil strife if not outright civil war. So go ahead, keep letting the guilty go and rubbing it in We The People’s face. It’s a recipe for violence. History speaks volumes.

    I am very good at prediction. I only state this because this worries me. I bat about .750. Well before 9/11 I predicted that our civil liberties would come under attack from internal enemies under the guise of fighting terrorism either real or fabricated. I missed a couple of the specifics, my time line was off a little, but the overall analysis was correct. I’d rather be wrong this time. But this is where the rubber meets the road – it’s either justice for all or justice for none.

    Let Bush Co go if you want to drive the last nails into the coffin of democracy and the rule of law. Because in doing so, you guarantee that respect and compliance for and with the law will go down hill much much faster than you anticipate. Right in the toilet. People stopping paying their taxes will only be the start. You’ll even try to spin dissenters as “domestic terrorists”. Once started, this elevator only stops in the basement. Letting Bush goes takes the path toward anarchy and/or revolution. It guarantees a future of lawlessness. I know it my bones. I’m ready for either choice made. Democrats or Republicans whom despite their thought are NOT enshrined in the Constitution but BOTH POLITICAL PARTIES ARE OPTIONAL AND WE ARE FREE TO DISCARD OR DESTROY THEM AS WE THE PEOPLE WILL. Got that, Neocons? You hear that GOP regulars? Are you listening Democrats? Because that’s the fact. Most here are Libertarians in action despite their affiliations. Most of us are well educated and highly motivated. Do those who post here seem like a good group to have against you or to attempt to repress? If so, I submit you have poor targeting discretion. Criminals are criminals regardless of party. Had Bush been a Democrat, I’d still want his head on stick. They are evil men. Support them, become them. It’s that simple.

    Choose carefully. The fate of the Great Experiment is counting on you, Obama. But you need to sacrifice the guilty for the common good to heal this nation. That’s a fact.

  5. 5 Buddha Is Laughing 1, January 29, 2009 at 10:14 am

    Petr,

    I too hope it’s the FDR Bait and Switch, but until first blood is drawn, the Obama Administration needs to be ridden hard on this issue.

  6. 6 BRON98 1, January 29, 2009 at 10:39 am

    Buddha:

    I am all for having Bush not prosecuted if I can stop paying my taxes. If I can stop paying my taxes and have him prosecuted I am all for that too. Now you are talking. If you want Bush prosecuted lets suspend all taxes you will have me on board in a heart beat. He wasnt much of conservative anyway so no great loss.

    The Troll

  7. 7 Buddha Is Laughing 1, January 29, 2009 at 10:49 am

    What’s that? Who farted?

  8. 8 Buddha Is Laughing 1, January 29, 2009 at 10:58 am

    And if you think a ridiculous little PNAC Nazi deserves better than flip snark, you’d only be right if you consider a beating better than snark. Evil is as evil does. So no whining as you get increasingly marginalized until you are invisible. You are already ineffective. And discredited. And exposed.

    You really don’t realize how badly you stepped in it, do you, sport? You might as well come in here and announced you like raping dogs and eating children as to say you support PNAC.

    By the way, the tactic of agreeing to appear reasonable? That’s amateur night too. Your cat is way too out of the bag for it to work.

  9. 9 Gyges 1, January 29, 2009 at 11:15 am

    Jonolan,

    Under article VI of the US Constitution any treaty that has been made is considered the law of the land. Since the Geneva convention defines water boarding as torture, US law considers water boarding torture (and did well before the Geneva convention). The former VP admitted on television to ordering water-boarding. Seems to be pretty easy to figure out what he could be charged with.

  10. 10 Jill 1, January 29, 2009 at 11:24 am

    mespo and Mike A.,

    I didn’t get to see what you wrote earlier on this topic but I don’t think the analysis that Holder is being set up squares with the facts. JT has pointed out in both cases that there’s a really easy way for Holder and Obama to not get set up–they can say they will follow the law. Neither has done so. It may be a trick by Holder and Obama and let’s all hope it is. What worries me is that people are bending over backward to find explanations for Obama when they would never have done that with Bush or McCain. People would be screaming and suspicious if Bush or McCain had done the same thing. Bush didn’t get to do all the illegal and immoral things he did because there were just a few really bad people who supported him (although these people were right there, proping him up). Bush’s actions were overlooked and supported by good people who believed he was a good man looking out for the nation’s welfare. I know that those of us who don’t like Bush (to put it midly) would like to think everyone who supported him was cut from the same pile of shit that he was, but that’s not true. I feel the left is doing the same as the good intended supporters of Bush did–not checking things out, believing things that don’t really fit with the facts, all because we want to believe. It’s a dangerous path.

  11. 11 Jill 1, January 29, 2009 at 11:27 am

    Here’s a link to a list of what’s known of the missing memos (in some cases it’s only the title, sometimes more. They are listed as public and secret:

    http://www.propublica.org/special/missing-memos

  12. 12 Dredd 1, January 29, 2009 at 11:32 am

    There is a 5th Circuit case, cited by Senator Whitehouse, where a sherrif and his deputies were sent to prison for waterboarding prisoners. See US v Lee, 744 F.2d 1124 (5th Cir 1984).

    The issue is discussed at Senator Whitehouse’s website quoting from one of his addresses to the ABA.

  13. 14 Buddha Is Laughing 1, January 29, 2009 at 11:34 am

    Agreed, Jill. That’s why I’ve stated time and again, no punishment, no second term. Accountability is a two-edged sword. Use it properly or fall on it, someone gets hurt. But not holding the Neocons accountable isn’t an option. Well, it is, but it’s one that bend badly for all – especially if you hold public office.

  14. 15 Buddha Is Laughing 1, January 29, 2009 at 11:38 am

    Hey, thanks Dredd. That’s exactly the case I was thinking of when I mentioned case law. I just won’t pay for Westlaw anymore.

  15. 16 Reverend Manny 1, January 29, 2009 at 11:38 am

    this is really really disturbing…

    shades of Mugabe all over this…

    What will other nations think of us? In the long run, isn’t that an important strategic consideration for national defense?

    Ugh…

    bleh…

    spew…

    One love,
    –Reverend Manny and the Twilight Empire

  16. 17 Buddha Is Laughing 1, January 29, 2009 at 11:44 am

    ends badly

    sigh

    Smaller is not always better, electronics manufacturers. Especially with keyboards.

  17. 18 Jill 1, January 29, 2009 at 11:49 am

    Buddha,

    It does end badly for all. Failure to hold Nixon and Reagan accountable before the law set the groundwork for dick cheney’s rise to power and every bad thing cheneybush accomplished in the last 8 years. Our country is in shambles and it won’t get set right by ignoring the law. (This applies to the finacial crises as well.)

  18. 19 Jason2L 1, January 29, 2009 at 11:53 am

    Excuse the interuption, but I am new to this site and would like to know the protocal. It looks like an interesting site.

    Thank you,

    Jason

  19. 21 mespo727272 1, January 29, 2009 at 11:57 am

    Jason 2L:

    Not to speak for Professor Turley, but I’d suggest you just jump right in. The water’s fine.

  20. 22 Jill 1, January 29, 2009 at 12:03 pm

    rcampbell,

    That was a cryptic response!

  21. 23 rcampbell 1, January 29, 2009 at 12:03 pm

    Sorry to the regulars for the “t” post above. For some reason my posts for the last few days have not shown up, so I’ve been trying a test. It apparently finally worked. I actually cannot post now, but since my system is back working correctly I’ll have plenty to say later.

  22. 24 Buddha Is Laughing 1, January 29, 2009 at 12:06 pm

    Jason 2L,

    What mespo said. Jump on in!

  23. 25 Buddha Is Laughing 1, January 29, 2009 at 12:09 pm

    rc,

    Glad you’re getting over the glitch. I’ve been wondering why you’ve been so quiet lately.

  24. 26 jonolan 1, January 29, 2009 at 12:10 pm

    Gyges,

    The Geneva convention is not applicable to the detainees at Gitmo due to their own actions. We might wish it were applicable for the sake of morality, but it currently isn’t and that is why this situation has been allowed to exist.

    Frankly, under the Geneva Convention every one of the “illegal combatants” was a criminal in a warzone and subject to “summary military justice.” That would be field execution ala shoot on sight…

    I’m not endorsing the above; I’m merely pointing out that the laws and treaties in question just don’t address this situation.

  25. 27 Buddha Is Laughing 1, January 29, 2009 at 12:17 pm

    jonolan,

    See US v. Lee as Dredd mentioned. Also see Bugliosi’s book on prosecuting the Bush crime family for murder. There are also the various violations of the 1st, 4th, 5th and 8th Amendments.

    There is more than one way to skin this cat.

  26. 28 Jason2L 1, January 29, 2009 at 12:20 pm

    “America’s antitorture statutes are narrowly written to punish willfully barbaric treatment, which no one alleges here either”
    From WSJ article.

    So the question I have is can prosecution even take place even if the Obama administration decides to move forward. How hard would it be to prove that they acted “barbarically”?

  27. 29 Mike Spindell 1, January 29, 2009 at 12:26 pm

    Kit Bond’s history is such that he makes George Bush look like Diogenes by comparison. General Hayden is also not someone whose public comments would be anything more than self-serving sound bytes. Until we actually see Holder’s performance as AG and Obama’s future actions, it’s all speculation engendered by the MSM and the DC elite. Much sturm und drang, little substance.

  28. 30 Mike Appleton 1, January 29, 2009 at 12:34 pm

    Jill, my exchange with mespo is on the California prostitute thread for whatever reason. Neither of us have concluded that Holder has been set up. I hope I have made it clear on several posts that none of the questions asked him by Republican committee members are appropriate for a variety of reasons. His job will be to enforce the laws and follow the evidence wherever it leads. None of his public comments or written responses to questions suggests anything else. I did state that what the Republicans are doing sounds a bit like premature plea bargaining.

  29. 31 Patty C 1, January 29, 2009 at 12:40 pm

    “…there’s a really easy way for Holder and Obama to not get set up–they can say they will follow the law. Neither has done so.”

    Wrong again.

    My ‘listening’ is obviously very different. Give this clip of Holder’s confirmation hearing another try-with different ears.

    Common sense tells me that in the first days of the new administration no good purpose would be served by showing up with an obvious prior agenda, such as prosecution (OR invading Iraq), when you’re not yet privy to all the facts AND when your first priority is really to just get yourselves up and running.

    Holder: Prosecution BushCo + Presidential Powers Inherent Authority + Guns (Hatch)

  30. 32 Buddha Is Laughing 1, January 29, 2009 at 12:41 pm

    Flack jackets anyone?

  31. 33 Ana Gama 1, January 29, 2009 at 1:00 pm

    I understand the concern about Holder and Obama not being more forthright about their intentions to investigate and/or prosecute the former administration, but….

    1. Eric Holder would have experienced even more contentious confirmation hearings than he did, and his appointment could have been held up even longer than it has been.

    2. Making clear statements too soon that prosecution was a possibility prior to Holder being confirmed and in charge could have led to a wholesale destruction of evidence.

    Whether we like it or not, politics is involved here. And while I would agree that there has been a certain coyness on the part of both Obama and Holder, neither of them have clearly taken investigation or prosecution off the table, which means it’s still there. We are just going to have to be patient, get Holder in office and then see what happens.

    From another political angle, it might even be better for there to be a bit of reluctance on the Obama administration’s part. They are going to be pressured from internal and external forces. They may be thinking that for it to appear as though they have no choice is better than it appearing that they are gung ho and chomping at the bit.

  32. 34 Gyges 1, January 29, 2009 at 1:05 pm

    Jonolan,

    Actually in Hamdan v. Rumsfeld SCOTUS ruled that Article III applies to all prisoners in the War on Terror.

    Article III reads (I skipped the definition, since SCOTUS rule that all the prisoners in the WOT met that definition and the clauses that aren’t relevant to the discussion on water-boarding):

    To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

    (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

    (c) outrages upon personal dignity, in particular humiliating and degrading treatment;

    (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

  33. 35 mespo727272 1, January 29, 2009 at 1:09 pm

    Jason2L:

    So the question I have is can prosecution even take place even if the Obama administration decides to move forward. How hard would it be to prove that they acted “barbarically”?

    *********

    “Barbaric” is not the legal standard. See 18 USC Sec. 2340 et seq.:

    “(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” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.”

    A good rule of thumb is not to let the Press do your legal research for you.

  34. 36 mespo727272 1, January 29, 2009 at 1:11 pm

    Mike Appleton:

    “Jill, my exchange [regarding Holder] with mespo is on the California prostitute thread for whatever reason.”

    *******************

    I thought the lawyer turned prostitute thread was the perfect place for that discussion!

  35. 37 Jason2L 1, January 29, 2009 at 1:17 pm

    Mespo:

    “other than pain or suffering incidental to lawful sanctions” if the Bush admin. lawfully sactioned whatever was done isnt that a get out of jail free card? At this point isnt the arguement about whether or not it was legal to legalize torture?

  36. 38 Buddha Is Laughing 1, January 29, 2009 at 1:19 pm

    In case there is doubt that not punishing the guilty will result in something like Project Mayhem, take a look. It’s already started.

    http://www.usdoj.gov/usao/md/Public-Affairs/press_releases/press08/FormerFannieMaeContractorEmployeeIndictedForComputerIntrusion.html

  37. 39 BRON98 1, January 29, 2009 at 1:25 pm

    He was definitely on either or both Barney Frank Chris Dodds payroll.
    Leave it to the dems to pay some poor imigrant to erase the evidence of their crimes.

  38. 40 Buddha Is Laughing 1, January 29, 2009 at 1:28 pm

    Jason,

    The sanctioning of torture is de facto illegal in light of the 8th Amendment, existing statute and case law. You CAN’T decriminalize it without throwing the Constitution out the window. The attempt itself violates the Constitution. The Rove driven conspiracy to stack the DOJ with Regents “lawyers” was an attempt to cover this illegal action.

  39. 41 Buddha Is Laughing 1, January 29, 2009 at 1:33 pm

    What’s the matter, Bronnie? Train derailed?

    We’re still waiting for your reply about why we should all join PNAC. Remember, not your OPINION, but a PERSUASIVE ARGUMENT.

    I suspect we’ll be waiting for some time.

  40. 42 Jill 1, January 29, 2009 at 1:38 pm

    Mike A. and mespo,

    O.K. you guys got me there. I wouldn’t have thought to look on that thread. I see I did misunderstand the meaning of “undermine” in mespo’s original post. My mistake and I’m sorry. I still have real reservations about Holder and Obama. There are both stating the same thing publically as they are said to claimed privately. The statement:

    “But where it is clear that a government agent has acted in ‘reasonable and good-faith reliance on Justice Department legal opinions’ authoritatively permitting his conduct, I would find it difficult to justify commencing a full-blown criminal investigation, let alone a prosecution.” and Obama’s statement that he didn’t want “good people looking over their shoulder”, can’t just keep being dismissed as meaningless. This is, in my opinion, the propaganda campaign from the Obama administration trying to seed the public with rationsals for lack of prosecution. It comes from too many people in the admistration and is too consistent to just be random statements from individuals. I am hoping people do not think Obama is incapable of using a propaganda campaign.

    Mike A., I did understand your meaning on the R’s questions and agree with your analysis on it.

    Mike S., I agree that there is MSM speculation on Holder and Obama just because they don’t have much to do, but JT isn’t part of that and neither are people like me. I worry that Obama supporters are complacent and not questioning authority. This matters because if every person of conscience, supporter or not, doesn’t get off the dime and start screaming right now, Obama will know he can get away with anything. If it’s all a trick, he’ll be glad of the pressure, as it’s a back up for him. As far as I can tell, stong pressure on Obama is a win-win.

  41. 43 Buddha Is Laughing 1, January 29, 2009 at 1:44 pm

    The Mikes and Jill,

    I think the salient issue here is chain of command. It’s not the individual torturers that are import to prosecute although some may deserve it. It’s the one’s who issued the orders. They have no “reasonable reliance” to fall back on.

  42. 44 Buddha Is Laughing 1, January 29, 2009 at 1:45 pm

    And I think Jill’s right tactically. Pressure is a win-win.

  43. 45 BRON98 1, January 29, 2009 at 3:23 pm

    Buddha:

    I thought about it but since you wouldnt read it anyway why would I bother? And any argument I did make would come from an America is moral prism so my arguments would be ridiculed wether they were cogent or not.

    I will put this in a way all of you can understand:

    Bad guys bad need to defend against, Russia on rise, China big with big military, Chavez like Russians and China, China operates ports at either end of Panama Canal (Hutchison Whampoa Ltd.). Chavez instigator in South America. Russia has joint manuvers with Venezuela. Iran has nuke, China like Iran oil. China like mineral wealth of Africa. Europe no good to help US at this point.

    Big military good, big navy good US need to project power if not redo WWI and WWII and Korea. (only dead see end of war) so large military scare bad guys and keep peace, keep live people live.

    free trade good for world, bad guys not like free trade. if bad guys learn to like free trade then bad guys not be so bad.

    America not force bad guys to be good that bad. America should not act like policeman for world that bad cost too much money.

    if America act like Nazis not good, but America need to project strong front so bad guys think twice. If kid carry bat bully no so eager to fight.

    You can all rest assured this is my last posting and as such I have written it in such a manor as to show my utter contempt for your views, the idea that you think you will prevail in bringing Bush to trial for alleged war crimes is laughable at best, it is actually more of a wet dream. I actually thought the left had some intellectuals but since you are all parroting lefty intellectuals I now feel secure in the knowlege that the next 2 years wont be so bad and that in 2010 the congress will be a veto proof conservative majority. Enjoy your time bozos. Your worst nightmare is coming in 2012 an entire government of conservatives both house senate and president. Maybe they will try some of Obama’s cabinet for crimes against economies.

  44. 46 rcampbell 1, January 29, 2009 at 3:26 pm

    I continue to be amazed by the incredibly high level of hypocricy of folks on the right who viilfy liberals for what they call “moral relativism” and then insist that despite all American traditions, treaties, legal opinions (including US Military Code of Justice) and US laws forbidding it, they keep trying to justify torture. It’s simply NOT what America is about and you either have the integrity to do what’s right when it’s difficult or you don’t.

    And so I ask Jonolan and Bron, etal: Why do they you America so?

  45. 47 mespo727272 1, January 29, 2009 at 4:02 pm

    Jason2L:

    ““other than pain or suffering incidental to lawful sanctions” if the Bush admin. lawfully sactioned whatever was done isnt that a get out of jail free card? At this point isnt the arguement about whether or not it was legal to legalize torture?”

    *************

    The assumption you make is that if the President/Administration says it’s lawful, then it must be lawful. That is erroneous logic and a usurpation of the role of the Courts. Nixon had the same blind spot. Just because a Chief Executive announces that torture is lawful doesn’t make it so, any more than a similar pronouncement about armed robbery would insulate perpetrators. It MAY give the underlings who act in reliance thereon an estoppel argument, but it does not insulate the giver of the order to violate the law. Also under international law, this type of Nuremberg defense has been specifically repudiated. If you are interested, Professor Turley has some very thought-provoking threads about this issue that you can find using the search function on the blog.

  46. 48 Buddha Is Laughing 1, January 29, 2009 at 4:16 pm

    snicker

  47. 49 Buddha Is Laughing 1, January 29, 2009 at 4:26 pm

    . . . and victory is mine.

    As it always will be.

    Good luck in 2012.

    Buh bye.

  48. 50 Buddha Is Laughing 1, January 29, 2009 at 4:39 pm

    mespo,

    I was heading for estoppel as well, but I like your phrasing better.

  49. 51 Buddha Is Laughing 1, January 29, 2009 at 4:55 pm

    And it’s unrelated, but quite unsettling in implication.

    http://www.msnbc.msn.com/id/28916131/

    This is why Twain said there were three kinds of lies.

  50. 52 mespo727272 1, January 29, 2009 at 5:11 pm

    janolan:

    “The Geneva convention is not applicable to the detainees at Gitmo due to their own actions.”

    ******************

    That’s a broad statement sort of like saying that the law of Utah doesn’t apply to me living in Virginia. Maybe it will, and maybe it won’t. You need the context and the question. In any event, clearly the Geneva Convention does apply to detainees like bin Laden’s former driver Salim Hamdan, imprisoned at Gitmo and subjected to “trial” by a military commission without a determination under Common Article 3 of the Geneva Conventions as to POW status. In Hamdan v. Rumsfeld the specific question before SCOTUS was, “May the rights protected by the Geneva Conventions be enforced in federal court through habeas corpus petitions filed by Gitmo detainees so affected?” The Court answered in the affirmative. Here’s the opinion summary from Oyez:

    “{I]n a 5-to-3 decision authored by Justice John Paul Stevens, [the Court] held that neither an act of Congress nor the inherent powers of the Executive laid out in the Constitution expressly authorized the sort of military commission at issue in this case. Absent that express authorization, the commission had to comply with the ordinary laws of the United States and the laws of war. The Geneva Convention, as a part of the ordinary laws of war, could therefore be enforced by the Supreme Court, along with the statutory Uniform Code of Military Justice. Hamdan’s exclusion from certain parts of his trial deemed classified by the military commission violated both of these, and the trial was therefore illegal.

  51. 53 Mike Appleton 1, January 29, 2009 at 5:19 pm

    I believe we need to keep the Kit Bond story in perspective. Although I do not know what transpired in any private meeting between Sen. Bond and Mr. Holder, if one reads the questions and answers carefully, it is apparent that Mr. Holder has said nothing more than that he would not seek to prosecute people in the absence of evidence of a crime; this is simply an assurance not to undertake prosecutions for political reasons. The irony, of course, is that those assurances are being sought by a party that never undertakes anything for other than political reasons. But the fact is that if Mr. Holder were to promise not to prosecute despite evidence of a crime, he would be violating his oath of office. If Sen. Bond were to ask him to make that promise, the senator would likewise be violating his oath of office. Moreover, each of them would be subject to bar disciplinary proceedings. I do agree with others on this thread who have expressed a need to do whatever is necessary to reinforce the intestinal fortitude of the Obama administration on this issue.

  52. 54 Mike Appleton 1, January 29, 2009 at 5:24 pm

    Buddha, I checked the msnbc site, and am not the least bit surprised by the study results. I am, after all, named after an archangel.

  53. 55 Patty C 1, January 29, 2009 at 6:49 pm

    Buddha Is Laughing 1, January 29, 2009 at 1:45 pm

    ‘And I think Jill’s right tactically. Pressure is a win-win.’
    ——-
    Keeping up the pressure is one thing. I’m usually all for it!

    But that is not been her position. She has been stating, for MONTHS now, that Obama is nothing but a smarmy politician whom she’ll never trust.

    Out for blood, she was overdrawn on the ‘O’ Neg before the election!

    This compilation called ‘Redefining Torture’ is a good overview of how we started down this path of convolution.

    http://www.pbs.org/wgbh/pages/frontline/torture/themes/redefining.html

  54. 56 Jessea Greenman 1, January 29, 2009 at 8:00 pm

    Can we please talk about another category of the high crimes and misdemeanors of the Bush Administration, namely lying to Congress? Everyone’s focused on the war crimes but what about treason, i.e. endangering national security and betraying the nation by lying Congress and the American people into war, environmental disasters, and egregious profiteering that has ruined the U.S. economy. Every disaster has enriched the cronies of the Bushies [not a coincidence], and so the lies that led to the bankruptig [moral and fiscal] of the nation must be investigated as possible treason, yes?

  55. 57 Buddha Is Laughing 1, January 29, 2009 at 8:12 pm

    Patty,

    I’m not sure how the two are related. How does your not supporting pressure on the administration (by implication, “usually all for it”) relate to Jill changing her mind? If you want to call her hypocritical, okay, that’s your choice, but as a matter of form I’m not seeing a causal connection between (previously/currently) trusting/distrusting Obama and the tactical decision that pressure is the best way to make sure the ball isn’t dropped on the issue of prosecuting war crimes? I’m not being provocative. I just don’t see the relation. I don’t see if for two reasons.

    I campaigned for Obama and voted for him. But I don’t trust him much by nature of what he calls his profession – politician. Trust is earned and complete trust is something that should be and rarely is given. I trust him in certain ways, like I trust him to not start a nuclear war over someone else’s real estate issues or to appoint himself Emperor, something I could not say of any Republican candidate, but do I trust him to restore the Constitution without We The People riding him? Absolutely not. His stance on telecom immunity merits watching him alone. Doesn’t mean I’d rather have McSame and the Church Lady or that I want Bush to walk.

    And the second reason behind his nature is that the issue is simply just too important to trust ANYONE without blue sky supervision after the abuses of the last 8 years. So I don’t see how that fits in here, constructively.

  56. 58 rafflaw 1, January 29, 2009 at 9:07 pm

    Some great posts tonight. I have been a huge supporter of Obama and I have not been shy in stating that I will not hesitate to call Obama out if he disappoints those of us who believe in the rule of law. Buddha is correct when he says you can’t trust anyone without supervision. Our Democracy requires us to be active participants. I believe that Holder is saying the right things. I also believe that he will prosecute anyone who is found to have broken the law. That includes Bush/Cheney etal. If I am wrong, Mr. Holder and Mr. Obama will be hearing from me and from many others.

  57. 59 Patty C 1, January 29, 2009 at 9:09 pm

    I was making a play on words as in blood pressure ‘O’ neg – get it…
    ‘out for blood’ etc.

    I don’t think the way to win friends and influence people is to blow in to town with a chip on your shoulder threatening/promising prosecutions when the first thing you need to do is plug the dike with something other than your middle finger, as it were.

    What is wrong with just saying “This is what we want’. We understand it can’t be TODAY, but this is our expectation after eight long and disappointing years”…???

  58. 60 CCD 1, January 29, 2009 at 9:10 pm

    J Greenman

    Well said. Bush spread manure everywhere.

  59. 61 Buddha Is Laughing 1, January 29, 2009 at 9:11 pm

    Patty,

    I think because we’ve just had an 8 year long lesson that somethings are too important to be too patient with.

  60. 62 rafflaw 1, January 29, 2009 at 9:24 pm

    Buddha,
    You are right. We have waited too long already for the rule of law to be honored in this country. That kind of experience does tend to make us anxious for things to happen asap. I see the Von Troll family is back at their nonsense.

  61. 63 Patty C 1, January 29, 2009 at 9:41 pm

    Buddha Is Laughing 1, January 29, 2009 at 9:11 pm

    Patty,

    I think because we’ve just had an 8 year long lesson that somethings are too important to be too patient with.
    ——-

    Let’s see what happens this next week or two, OK? ;)

  62. 64 Jill 1, January 29, 2009 at 9:42 pm

    bush cheney war crimes always equals trolls.

  63. 65 Buddha Is Laughing 1, January 29, 2009 at 9:44 pm

    raff,

    I was kind of expecting this. When you vanquish a persistent, and I’ll have to say, rare, actual PNAC card carrying troll, they’ll try to squat. Pure cut and paste amateur disruption techniques. I believe it was you or mespo who mentioned Nixon’s glorious tradition of “rat f–king”. It’s the equivalent of throwing a tantrum. Dollars to donuts it’s our boy B or a cohort. It also shows theirs was a paid display or they are psychotic. For a PNAC supporter, I do realize the two are not mutually exclusive. Personally, I think it’s funny. Raw desperation from evil people makes me giggle. I’m peculiar that way.

  64. 66 Jill 1, January 29, 2009 at 9:48 pm

    Buddha and rafflaw,

    I find them somewhat encouraging. They wouldn’t have to disrupt talk of war crimes if they weren’t afraid. They are telegraphing the fears of their masters.

  65. 67 mespo727272 1, January 29, 2009 at 10:28 pm

    global warming is a hoax
    RATINGS SOAR…(For Fox) NIGHT OF 1/28/09… VIEWERS…

    FOXNEWS OREILLY 3,891,000
    FOXNEWS HANNITY 3,234,000
    FOXNEWS BECK 2,706,000
    FOXNEWS SHEP 2,399,000
    FOXNEWS GRETA 2,155,000
    MSNBC OLBERMANN 1,381,000
    CNN COOPER 1,259,000
    CNN KING 1,220,000
    CNN BLITZER 1,190,000
    CNNHN GRACE 1,135,000
    MSNBC MADDOW 1,098,000

    ******************
    “Idol” (10.1 rating/25 share, 26.9 million viewers)

    It my estimation, your average Idol watcher is about 20 points higher on the IQ scale than your basic Fox watcher, giving one hope for the Republic. Just goes to show you that nobody cares about the neocons when we can see Simon & Paula yuck it up.

  66. 68 CCD 1, January 29, 2009 at 10:38 pm

    Jill,

    I find your words:They are telegraphing the fears of their masters. So true, comic and tragic. Fear has a heavy grip.

  67. 69 Buddha Is Laughing 1, January 29, 2009 at 10:53 pm

    lol,

    This ought to really get them twisted.

    http://www.huffingtonpost.com/2009/01/29/judd-gregg-commerce-secre_n_162378.html

    60 seats in the Senate.

    GOP… pst! Hey. You napping on the history book!

    Give up the guilty now and we’ll let the rest of you pigs stay at the trough. Otherwise, I’m for dissolving your criminal organization in toto. Your survival as a political party is NOT guaranteed by the Constitution. I say open the electoral system to any party than can get enough signatures to float a candidate. Have 12 parties. Have 100. Have 200. None of them GOP. Sure, the Dems would be the big dog in the room for awhile, but once the pack shaped up we’d have a nice robust democracy that REQUIRES COOPERATION TO WORK THAT IS NOT REQUIRED IN A TWO PARTY STRUCTURE. See what YOUR collective lessons in stonewalling and obstruction taught? That two parties is no real choice at all. There is NOTHING TO PREVENT THIS FROM HAPPENING. This isn’t about “criminalization of policy differences”. This is about putting criminals in your ranks out of business and making them pay for what they have done to this country. OUR country. Not your personal property, government employees. You work for US. And WE have been WRONGED by YOU, THE HIRED HELP. Forget that at your peril, because our memory will not fade until justice rolls across this land like thunder and the ideals of this great land are restored – a beacon of liberty, the pathway to the stars. Camelot? Perhaps. But who is Arthur here? Understand that Arthur didn’t return to power to save the kingdom. He returned to justice and humility to save the kingdom. If you, be you Democrat or Republican, know this lesson, then you can help restore the kingdom, restore the dream that is America, and perhaps save your honor as well. All knights. Or will you take the path of Morgan le Fey? The path of me, Me, ME!

    This is the hard reality you face. And somewhere in your black little hearts you know that this is your choice – turn in the PNAC/Neocon crew and survive as a wounded and limping political party or continue to act like greedy swine until something really terrible happens. Something they’ll make movies about if anyone survives, make a holiday, tell the future children as a cautionary tale. Nice choice, eh? Either way you get to be known as “The Party That Destroyed America” so why not save some face and do the right thing. Respect the rule of law. Turn them over. Act like the angels of our better nature and put the common good ahead of your own careers and pocketbooks. Or continue to protect traitors, thieves and tortures under the delusion you clowns are fooling anyone paying attention.

    Suck it up, buttercups. The gravy train is coming to the station. You’ve been busted. The choice is how much damage will you inflict on yourselves and others on the way out. It’s a wing dinger of a choice, but it’s YOUR CHOICE.

    But now, lay your head back down on that book. It’s time for Little Nemo to return to Slumberland. Go back to sleep. Maybe you’ll absorb some history by osmosis.

    Nighty night, PNAC. Go back to sleep, Big Brother. It was only the wind, Little Trolls.

    We the People got this covered.

  68. 70 Mojo 1, January 30, 2009 at 12:34 am

    To the Trolls :

    I suggest you take a cue from Dick Armey and simply, “Give it a rest.”

  69. 71 Mike Spindell 1, January 30, 2009 at 10:44 am

    Global Warming is a hoax.
    Nyahh!, Nyahh!, Nyahh!. That’s all you’ll get from me troll person. Bron does swan song, GWIAH shows up. Coincidence? Who cares same boring drivel based on slavish devotion to propaganda. If it was born in Russia it would sprout the Pravda line. Though Nazi Germany and Goebbel’s news would be more to its’ liking. I admire the restraint of my co-commentators here in not responding to the new troll? I will follow suit.

  70. 72 Patty C 1, January 30, 2009 at 1:14 pm

    Patty C 1, January 29, 2009 at 9:41 pm

    Buddha Is Laughing 1, January 29, 2009 at 9:11 pm

    Patty,

    I think because we’ve just had an 8 year long lesson that somethings are too important to be too patient with.
    ——-

    Let’s see what happens this next week or two, OK? ;)
    —–
    At about the time we were so rudely interrupted, Jerry Nadler was making his remarks re ‘Blubber’s Brain’

    Keith talks to Jerrold Nadler about Karl Rove’s claim of executive privilege and whether he will appear before Congress on Monday.

  71. 73 Jill 1, February 4, 2009 at 4:53 pm

    See what you think of this:

    “David Davis said a High Court ruling on Wednesday alleged that Binyam Mohamed, a UK resident held in the Guantanamo Bay camp in Cuba, had been tortured.

    The judges also said the US threatened to withdraw intelligence help from the UK if details were released.”

    http://news.bbc.co.uk/2/hi/uk_news/politics/7870049.stm


  1. 1 Top Obama Aides Embrace Bush’s War on Terror Rhetoric and Enemy Combatant Policy « JONATHAN TURLEY Trackback on 1, February 11, 2009 at 8:32 am

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