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McCain: Bush Administration Violated Geneva Conventions and Convention Against Torture

220px-john_mccain_official_portrait_with_alternative_backgroundOn Face the Nation this morning, Sen. John McCain became the latest figure to publicly state that the Bush Administration violated the Geneva Conventions and the U.N. Convention Against Torture. It is not clear how many international and domestic figures will have to publicly acknowledge these crimes before Attorney General Eric Holder will appoint a special prosecutor. I discussed the torture issue last night on this segment of MSNBC Countdown.

During the show, McCain stated “[Torture memo author Jay Bybee] falls into the same category as everybody else, as far as giving very bad advice and misinterpreting fundamentally what the United States is all about, much less things like the Geneva Conventions. Under President Reagan, we signed [the Convention] Against Torture. We were in violation of that.”

Article 7 of the Convention Against Torture states:

Article 7

1. The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.

There is now Republican and Democratic leaders acknowledging the obvious: we violated these treaties and international law. What they are not being asked is how we reconcile our ongoing violation of these laws by not investigating and prosecuting such crimes. Once again, it is important to note that it is not the lawyers but the leaders who are the principle targets of such investigations: Bush, Cheney, Tenet, Gonzales and others. The lawyers may also be investigated but there is a clear effort to focus on the attorneys to avoid dealing with the obvious responsible parties at the top of the chain of command.

100 thoughts on “McCain: Bush Administration Violated Geneva Conventions and Convention Against Torture”

  1. bdman,

    I ask again that you not associate your words to mine. My concern is not with Obama’s education or former work history. I only care to see that war crimes must be prosecuted. There is no reason not to do so and it is also wrong not to do so.

  3. Jill, I’m with ya but you have to understand that PBO could care a less about the law and I am starting to believe he doesn’t even know what law is. I,like many others were led to believe that he was a constitutional law proffesor when in fact he wasn’t.

    Your request is noted.

  4. Yes, Josh, that is evident in the video, isn’t it?

    McCain says they have been “punished” in the court of public opinion. I bet murders, rapists, etc. would just love that. We don’t need no stinkin’ law, huh, John?

  6. McCain and Obama have been a War Criminals for years in funding, conspiring and waging Wars of Aggression in Iraq and Afghanistan.

    Obama could be arrested today. Before you even get into the War Crimes charges “he might be facing 1,000 years in state penitentiaries around the country on forgery charges alone regarding his Certification of life birth for and Certification of Selective Service. Experts say that they show numerous signs of forgery. Additionally, there are numerous counts of suspected fraud, voter fraud, mail fraud, wire fraud, corruption of a public official, intimidation, interference with the system of justice, social security fraud, tax fraud, perjury and other related crimes.”

    Excerpts from Dr. Orly Taitz

  7. So, McCain believes that the laws regarding torture were broken, but that in response we should again break the law by ignoring our commitment to investigate the matter?

  9. Bdman,

    I am not joking about the enforcement of our laws on war crimes. Please do not associate what I am saying with what you are saying. I take the duty of the AG to prosecute war crimes, to include our highest officials, very seriously. There is no reason not to follow our laws. It is wrong not to do so.

  10. That is why we have the Impeachment process for High Crimes and Misdemeanors. And if the US Senate has ratified a treaty that the President has agreed to then we as a whole are stuck with it.

    I believe that a unilateral treaty is only binding on the present administration alone. That was the controversy with the League of Nations and slap me if I am wrong, and call me Sally, but I think Woodrow Wilson?

    The US Congress kind of embarrassed him by not ratifying.

  11. Jill, Bravo!!! Well said!!!

    In the meantime Obama can devote his time to other duties that actually fall to him and quit worrying about those that do not.

    Like vacancies at the Federal Reserve and Department of Health and Human Services. Just cause he’s not on TV everyday saying this is the worst economic crisis since the Great Depression does not mean were not in one and there are still over fifteen positions that need confirmation at the Federal Reserve and now, outbreak of Swine Flu and there’s a note on the door at DHHS that says the doctors out. The pigs must of caught wind that the Oministration is going to issue a flatulence tax. Wonder what the cows will bring home.

    Has anybody seen the video of him talking to the teleprompter, what a joke!!!

  12. I agree, the AG does serve at the pleasure of the president and is charged with enforcing the laws of the US. That’s why s/he needs to have integrity. If the president askes the AG to ignore the law or to do anything else illegal, the AG shoud resign and report the illegal request. Either Obama has made an illegal request for Holder to not prosecute and the AG doesn’t have the integity to resign and report the president or the AG should act as he is charged by enforcing our clear law on war crimes.

  13. Check the Senate voting record… didn’t John McCain initiate, fund, conspire and wage a War of Aggression against Iraq and Afganistan?

    John McCain voted “Aye” Senate Vote On Passage: H. J. Res. 114 [107th]: Authorization for Use of Military Force Against Iraq Resolution of 2002. He voted to invade Iraq.

    Excerpts from: “Torture and Washington’s policy of Aggressive War” 27 April 2009 by Alex Lantier

    “The use of torture is itself inseparable from the central criminal act that was sanctioned by the entire US political establishment—the launching of illegal and aggressive wars in Iraq and Afghanistan. This decision had far-reaching and tragic consequences, of which torture was only one. These wars of aggression caused the death, maiming and displacement of millions in Iraq and Afghanistan, as well as the death and physical and mental scarring of thousands of American soldiers.”

    “The close link between torture and US wars of aggression again confirms the contention of the International Military Tribunal set up to prosecute the Nazi leadership at Nuremberg: “To initiate a war of aggression… is not only an international crime, it is the supreme international crime, differing from other war crimes in that it contains within itself the accumulated evil of the whole.”

  14. Jill,

    There are 3 branches of government. The Executive, Congress and Art III, the Judiciary. The Judiciary is to be independent from all three. There is an occasional cross over function for the purpose of checks and balances. Admittedly not perfect but it works and it is the best that I know of.

    The AG serves at the pleasure of the President (with the advice and consent of the Senate) and is charged with trying to enforce the laws of the US. The Judiciary is charged with uphold the laws of the US. Don’t confuse the 2.

    That is why I see it as a bad ideal for the Prosecutors/District Attorneys office to be housed in the same building with the Courts. Now if the Defendant had as much access and contact with the courts as the Prosecutor then all would be just fine. Another subject.

  16. This is not, by Obama’s own admission, his problem to finesse, wait around for a good time, get things in order first, have a secret plan about, etc. etc. The executive branch does not prosecute our laws. The judicial branch is its own separate but eqaul branch of our govt. It should not take orders from the president. These types of arguments, which have their own set of problems, can only apply to the executive branch. The decision to prosecute does not lie with Obama, nor should he, according to our Constitution, interfere in the process at all.

    The law was broken. It is past time for the judicial branch of our govt. to go to work. There are many capable people who could take this on. In the meantime Obama can devote his time to other duties that actually fall to him and quit worrying about those that do not.

  18. PBO is a poll watcher, until the polls swing, they’re just testing the waters. Feith,Cheney and others are trying to bait Obama into an investigation to stir up some anti-Obama rhetoric.

    Conducted April 21-22:2* Did the United States torture terrorism suspects?

    42% Yes
    37% No [what universe do these people live in?]
    21% Not sure

    3*Should the Obama administration do more investigating to find out how the Bush administration treated terrorism suspects?

    28% Yes
    58% No
    13% Not sure

    4* Does the release of CIA memos on interrogation techniques help the image of the United States abroad or does it endanger the national security of the United States?

    28% Helps the image of the United States abroad
    58% Endangers the national security of the United States
    14% Not sure

  19. Professor Turley,

    What does Holder have to fear?

    A special prosecutor would see if there was enough evidence for a reasonable jury to convict.

    He would then present it to a grand jury which would return a true bill or not. (They do not have to be a rubber stamp.)

    On a true bill there would be a trial and a jury would decide if the prosecutor had proven the case beyond a reasonable doubt.

    Neither Holder nor Obama nor a special prosecutor can be blamed for what these two juries do.

    So fill up the seats already: http://blogdredd.blogspot.com/2009/04/holder-your-horses.html

  20. I believe that it comes down to this. Some of us what instant gratification for the most horrendous crime against humanity. Some of us are will to wait until Obama has what he needs to get the country back on track. I also believe that he is letting the tempest stir the pot so to speak.

    I do not think that he wants this to be a political battle. He wants it be what it is. With Feith calling for an investigation NOW, I believe that he is trying to force the hand. In a game of chess or diplomacy or the game that I cut my teeth on stocks and bonds. Sometime you just wait the other side out and then winner takes all.

    I also believe that if he rushes in there are tooooo many people on both sides of the aisle thats heads will roll.

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