There is an interesting exchange that has surfaced between a Stanford student and former Secretary of State Condoleezza Rice who is a Senior Fellow at the Hoover Institute at Stanford. The student confronted Rice about whether waterboarding is torture. She responded with a Nixonesque argument that, if the president ordered it, it cannot be a war crime. It sounds a lot like Nixon’s 1977 statement: “When the president does it, that means it is not illegal.” I discussed the Rice comment on this segment of Hardball.
Category: Constitutional Law
Associate Justice Antonin Scalia publicly lashed out at Fordham Law Professor Professor Joel Reidenberg who having his students compile a 15-page dossier on his private life. For civil libertarians, Scalia’s objections to a lack of privacy is analogous to Rep. Jane Harman’s outrage over being intercepted as part of the NSA warrantless program that she helped approve.
Continue reading “Scalia Slams Fordham Law Professor For Privacy Invasion”
Civil libertarians were a bit disappointed again in President Barack Obama’s press conference on Wednesday. While he reaffirmed that he views waterboarding to be torture (a well-established legal fact), he repeatedly referred to what the Bush Administration did as a “technique” of interrogation and a “mistake.” I discussed the Obama press conference and the torture issues on this segment of Rachel Maddow. I will be discussing these issues again on tonight’s Hardball.
Sheik Issa bin Zayed al Nahyan, the brother of the Crown Prince of the United Arab Emirates, Prince Mohammed, has been caught torturing a man that he accused of cheating him in a grain deal. Issa is shown shooting at the man who is bound in the sand and, with the help of a police officer, beating the man and forcing him to eat sand. The torture occurred at the royal ranch and was over a $5000 disagreement — for one of the world’s wealthiest individuals.
Continue reading “UAE Royal Sheik Issa Caught on Tape Torturing Man”
The West appears undeterred in its rush to embrace prosecutions for criticizing religion. This week Ireland is considering creating its own blasphemy law to allow for criminal prosecution — the same week as Finland began prosecuting a politician for blasphemy.
Continue reading “Erin Go Blasphemy: Ireland Considers Creation of New Crime For Insulting Religion”
There is an interesting copy of George W. Bush’s speech to the nation where he gave the position of the United States on the prosecution of war crimes — before Americans were accused of war crimes. Back then, Bush gave a standard that showed that he and his Administration knew that there is no “good faith defense” in committing war crimes. He insisted “War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, “I was just following orders.”
Continue reading “George W. Bush: “War crimes will be prosecuted, war criminals will be punished and it will be no defense to say, ‘I was just following orders.’””
On 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.
Continue reading “McCain: Bush Administration Violated Geneva Conventions and Convention Against Torture”
The citizens of Berlin rejected calls from the Pope, German Chancellor Angela Merkel, and others to allow religious classes to be substituted for compulsory ethics classes. It is a victory for those of us who have decried the loss of civics education and the increasing integration of religious training in public education. The campaign was led by a group called Pro Reli — “Reli” is the street name for religious classes.
Continue reading “Reli Bad Idea: Berliners Reject Substitution of Religious Classes for Civics Classes”
Former Klan leader David Duke has been detained by police in Prague on suspicion of denying the Holocaust. Despite the universal loathing of Duke and other Holocaust deniers, the arrest hits a difficult issue for civil libertarians. Criminalizing a viewpoint is a fundamental denial of free speech and allows prosecution for unpopular thoughts or views.
Continue reading “Former Klan Leader David Duke Arrested in Czech Republic for Holocaust Denial”
In light of the recent defenses made recently on behalf of Judge Jay Bybee, John Yoo, and Steven Bradbury, this picture appears to capture their sudden emergence into the public debate.
Continue reading “Bush Officials Surface To Answer Torture Claims”
Recently, I wrote a column on how the West has used hate crime laws to create a Western version of blasphemy prosecutions in the Middle East. Finland has now added to the list of countries charging people with blasphemy. Helsinki city councilman, Jussi Halla-aho was charged with blasphemy and incitement of an ethnic-group for publishing on his blog that Islam’s prophet was a pedophile. Mohammad is often accused of being a pedophile due to his marriage to 6-year-old Aisha, which was consummated when she was 9.
Continue reading “Finland Prosecutes Politician for Blasphemy in Calling Mohammad a Pedophile”
It is getting rather difficult to follow the line of logic at the White House on the torture investigation. For months, President Obama has been speaking about his intentions as to any investigation into the torture program. Then, this week, he suddenly declared that he should have no role in such decisions. Then the next day, White House spokesman Robert Gibbs declared that Obama did not want to see a special prosecutor. I discussed this statement last night on this segment of Hardball. In the meantime, it appears that new pictures of detainee will be released — though obviously not the videos of torture that were destroyed by CIA officials to prevent their being used against themselves.
Continue reading “White House: No Special Prosecutor on Torture”
A Senate Intelligence Report shows that Condoleeza Rice, then national security adviser, approved of the torture program as early as 2002. One week later, Attorney General John Ashcroft signed off the the legality of the torture by finding that the “proposed interrogation techniques were lawful.” It was also revealed that torture was used on Abd al-Rahim al-Nashiri, the first person charged in the United States in the 2000 attack on the destroyer USS Cole in Yemen.
Continue reading “Report: Condoleeza Rice and John Ashcroft Approved of Torture Program”
House Speaker Nancy Pelosi is trying to fend off criticism over her knowledge of the Bush Administration’s plan to torture detainees. Pelosi has adopted a highly lawyered exclamation that she was briefed on the plan but never told that they were implementing the plan. It is a distinction lost on civil libertarians. She was still briefed on a war crime and did not act to stop it.
Continue reading “It Depends What “Know” Means: Pelosi Admits That She Was Briefed on Torture But Claims Ignorance on its Actual Use”
Attorney General Eric Holder said Wednesday that he will “follow the law” in deciding whether to pursue criminal charges against Bush officials for the torture program. While first reported as a major advance, the statement conspicuously does not mention the appointment of a special prosecutor, an essential component to any investigation since the Justice Department featured heavily in these allegations.
Continue reading “Holder Promises to Follow the Law on Any Torture Investigation But Fails to Mention Special Prosecutor”