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David Latt

David Latt

Posted: December 17, 2008 09:22 AM

Cheney Taunts Bush, Pardon Me or Else


With his ABC interview Vice President Dick Cheney put a smoking gun on the table. He admitted that he, along with other top administration officials, personally approved the CIA's waterboarding of prisoners. That he said it unapologetically is merely his low-keyed way of declaring open war.

President Bush has been working on his legacy by circulating an upbeat, 2-page talking point memo with a description of his successes in office. Bush likes to white-wash and obfuscate. Cheney prefers a more aggressive approach.

Always blunt, two-fisted, and condescending, the question is, why admit that he approved waterboarding? And why now? Maybe it was egotism, pure and simple, his own version of a legacy campaign where he takes credit for a policy that he asserts made America safe. But to his detractors it is an admission of guilt that is prosecutable, as damning as Jack Kervorkian's 60 Minutes interview that landed him in prison.

What he is responding to is the accusation in the just released Senate Armed Services Committee Report on the Treatment of Detainees in U.S. Custody that condemns the Bush administration in no uncertain terms:

A major focus of the Committee's investigation was the influence of Survival Evasion Resistance and Escape (SERE) training techniques on the interrogation of detainees in U.S. custody. SERE training is designed to teach our soldiers how to resist interrogation by enemies that refuse to follow the Geneva Conventions and international law. During SERE training, U.S. troops --- in a controlled environment with great protections and caution --- are exposed to harsh techniques such as stress positions, forced nudity, use of fear, sleep deprivation, and until recently, the waterboard. The SERE techniques were never intended to be used against detainees in U.S. custody. The Committee's investigation found, however, that senior officials in the U.S. government decided to use some of these harsh techniques against detainees based on deeply flawed interpretations of U.S. and international law.


The Committee concluded that the authorization of aggressive interrogation techniques by senior officials was both a direct cause of detainee abuse and conveyed the message that it was okay to mistreat and degrade detainees in U.S. custody.

There are those who argue that the Bush administration committed war crimes during their prosecution of the War on Terror. Nothing could be done during their tenure, but as January 20th rapidly approaches, some are already making the case, asking how these abuses of power could not be prosecuted. In his book "How to Break a Terrorist," in interviews and articles, a former interrogator, Matthew Alexander, has argued that the abusive interrogation techniques the administration approved didn't make us safer, they actually cost American lives.

Scott Horton in Harper's Magazine takes the argument one step further by characterizing the Bush administration as "The Torture Presidency". Glenn Greenwald in Salon examines the number of detainees who died of "heart attacks" and concludes that,

There are countless...episodes...of human beings in American custody dying because of the mistreatment -- authorized by Bush, Rumsfeld and others -- to which we subjected them. These are murders and war crimes in every sense of the word. That the highest level Bush officials and the President himself are responsible for the policies that spawned these crimes against humanity

There are those who see the vice president's admission as part of a strategy to force the president to pardon him and all those named in the Senate Report: Rumsfeld, Meyers, and Rice. If Bush doesn't pardon them, they will certainly be pursued by those in the new administration who will not let-bygones-be-bygone.

Since Bush has been famously reticent to grant pardons both as governor and president, then Cheney's ABC interview with Jonathan Karl is a way of provoking Bush to act while he still can. If Cheney is pardoned then he'll have it both ways: maintaining that what was done was legal and being protected from prosecution.

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With his ABC interview Vice President Dick Cheney put a smoking gun on the table. He admitted that he, along with other top administration officials, personally approved the CIA's waterboarding of pr...
With his ABC interview Vice President Dick Cheney put a smoking gun on the table. He admitted that he, along with other top administration officials, personally approved the CIA's waterboarding of pr...
 
 
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10:06 PM on 12/23/2008
For those posters hopping for an International Court to hold the current Administration accountable remember we did not ratify the treaty that created the ICC. In fact, if I rember right, there may have been a bill passed a couple years ago the Authorized the Use of Military Force to "rescue" any US Citizen that found himself in front of that tribunal.
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HUFFPOST COMMUNITY MODERATOR
Emerald1943
09:00 PM on 12/23/2008
I thought you had to be convicted of a crime BEFORE you could be pardoned for it!
05:29 PM on 12/23/2008
I know we would all like to see Cheney doing time, but I don't think Obama wants to get tied up in the prosecution of the Bush administration. That is an endless hole....

Don't look to Government. The key is the Civil Case. A Presidential pardon does not affect civil cases. If you can show that Cheney colluded with the Justice department to get opinions that justified his case for torture, then his actions are outside his duties as Vice President and he can be sued for damages by every detainee at Guantanamo. Then, when the lawyers see blood in the water… the Bush administration will be in court forever. So the key is to get Obama to declassify the government records that can prove collusion. Because you know they’re there.
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HUFFPOST SUPER USER
Skeetshooter
Artist, writer, provocateur
05:09 PM on 12/22/2008
I'm not sure he's provoking Bush...

It looks to me as if he's provoking congress and the Obama team, trying to get indicted for as many things as possible so the language of his pardon can be all the more specific. Perhaps he's not convinced that a preemptively vague pardon will pass muster. You gotta hand it to this guy, he's got balls of steel that would be admired in the torture chambers of the Kremlin.
09:36 PM on 12/21/2008
While Cheney may personally approve of the use of torture, he was in no position to approve of it's use. Hell despite it all he isn't even second in command of anything in the US government. Being first in the line of succession, doesn't make him a deputy commander in Chief. The current administration acts like he is, it's time that the alternate media stop reinforcing that act. Cheney may be criminally liable for something he has done, but it's not on torture.
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rabiddog6708
This Dog's bite is Worse Than his Bark
03:01 PM on 12/20/2008
Send them to the Hauge. A pardon by Bu$h won't mean a thing there.
10:24 AM on 12/20/2008
I have always said Bush and all his cronies should have forced retirement in Bagdad...no secret service protection, just hire 'Haliburton" to protect them...forget armored cars...they can drive around in hummer...if it is good enough for the troops it should be good enough for the comander in chief and his possy.
10:10 AM on 12/20/2008
I'm sure that Dick knows what he is doing. He can do anything, he can shoot someone in the face and that person apologize for being in his line of site.

Justice for all is an oximoron for our country.
11:11 PM on 12/20/2008
He didn't just shoot someone, he shot a good friend of his in the face.

Had it been someone else, he'd have finished him off and disposed of the body. That's damage control, Dick Cheney style...
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08:44 AM on 12/20/2008
It is very interesting to speculate that Cheney is posturing for Bush pardons for himself,Rumsfeld, Meyers, and Rice with regard to War Crimes committed. For those and other reasons he would also need to pardon their key deputies and advisors, Alberton Gonzales, Colin Powel, Mary Matalin, Karen Hughes and the list goes on and on. Maybe Bush will be the first president in history to attempt a blanket pardon for his entire administration.

What about Bush himself? If the VP and a good portion of this cabinet require pardons to escape prosecution, does that leave Bush vuneralbe, with no Gerald Ford to pardon him?

Universal justice may only be served by the charging of international war crimes against Bush, Cheney, Rumsfeld, Rice et al. Although they may never be convicted, the charges themselves would be a fitting punctuation for Bush's presidency.
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JohnSawyer
arglebargy
02:17 AM on 12/21/2008
Yes, the only real chance for prosecution of anybody in the Bush administration, is for some international body to do it, since Congress and the Obama administration won't do it since it's such a hot political potato for anybody in US govt, and no non-governmental US legal body has enough teeth to proceed fully on such a major prosecution.
08:11 AM on 12/20/2008
The last eight years have proven that we as a nation are on the verge of a melt down concerning the government of our nation. Total failure by our intelligence community. Blatant disregard for fiscal responsibility. The fact that the outcome of of a presidential election was decided by a court ruling and not the election itself. So the Vice President threatens the President, give me a pardon or else. Or else what; he will start telling the truth? How can this be anything but a slap in the face to our Democracy? Will someone tell me how our government can consistently do nothing. Bail out the Banks, bail out the Insurance industry, bail out the Auto industry, bail out the Mortgage industry and still have done nothing yet to derail the train wreck that is coming. Lower and cap the price of diesel fuel now. Reduce and cap interest on commercial and business loans. Do something! Why don't they move to eliminate the Presidential Pardon powers that is nothing but a circumvention of justice anyway and has no place in a democracy. By the Way Dick Cheney just challenged anybody out there "Go ahead see if you can prosicute me?"
11:02 AM on 12/23/2008
"Why don't they move to eliminate the Presidential Pardon powers that is nothing but a circumvention of justice anyway and has no place in a democracy."

That would require an amendment.
06:16 AM on 12/20/2008
Well he can't be prosecuted because he probably is no longer a US citizens as of Jan 20. It's been rumored that he has moved all his assets to Dubai and will go under the protection of the Saudis
04:41 PM on 12/20/2008
By "assets" you surely mean stolen goods.
11:03 AM on 12/23/2008
"Well he can't be prosecuted because he probably is no longer a US citizens as of Jan 20."

No, Cheney will still be a citizen, sad to say.
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HUFFPOST SUPER USER
JohnSawyer
arglebargy
05:14 AM on 12/20/2008
Another thing that may prevent an incoming administration from prosecuting anybody major in a prior administration, is that the incoming president realizes that aiding in the prosecution of any previous administration's people (either by issuing charges against them, or by not issuing pardons if charges are filed against them by some other body), except possibly for murder committed by a person with their own hands, would set a precedent making it easier for each new president to file charges against people from the previous administration. Fearing that could happen to THEM in turn, once they leave office, they're not likely to start the ball rolling for their own potential prosecution.
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JohnSawyer
arglebargy
05:10 AM on 12/20/2008
Even though a person can be pardoned by the President without any formal charges being filed, and even without the person being pardoned having to file a request for a pardon, it's much more likely that a President will issue a pardon only if one or the other of these traditional conditions have been met, so the only slim chance we have of seeing anybody in the Bush administration brought to court for their actions, would be for no charges to be filed against them until after Obama takes office. There have been exceptions to the normal pardon requirements (Ford's pardon of Nixon, even though Nixon hadn't been charged with any crimes), but if charges are filed against any Bush people before Bush leaves office, he'll immediately use that as pretext to issue pardons in the "proper" fashion.

Trouble is, even after Obama takes office, few if any Bush people will have charges brought against them by any legal body that has any real impact, and certainly nobody as high as Bush, Cheney, Rumsfeld, etc., since Obama and Pelosi, etc. have already agreed that they think it would be "divisive". If some court does file charges once Obama takes office, Obama will probably pardon everyone for whom charges are filed, in the spirit of "unity" (and he doesn't have to wait until his term is up--a president can issue pardons any time during their administration).
03:00 AM on 12/20/2008
The not torturing thing was never about humanitarianism it was always about our POWs not their POWs. If your "side" has a reputation for treating prisoners decently, feeding them, self organisation, red cross parcels etc then they don't torture your guys because it could seriously backfire on their POWs. Conversely if you know the enemy tortures your guys why not give them payback is a lot better of an idea than turn the other cheek.
This isn't rocket science it's basic gang warfare level politics, it;s not conservative or liberal.
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JohnSawyer
arglebargy
05:54 AM on 12/20/2008
Nope, issuing "payback" by torturing terrorists doesn't pay back--it just makes more terrorists, and fiercer ones. They have far less reputation to lose, and so no amount of "payback" in the form of torture will calm them down--just the opposite. I know this kind of "payback" seems gut-logical, but it's not truly logical--it just offers quick satisfaction for the urge for revenge, instead of a more time-consuming, careful approach to winning. It may indeed be gang warfare tactics, but as we see in gang wars, endless retaliation is all that happens. Is that what you're suggesting we should engage in--gang warfare? Yeah, that really works. You're deliberately suggesting something that everyone knows makes things worse. Good job.

It's like being stung by some hornets--you don't retaliate by punching the nest in anger--it's just going to make things worse. No, the right thing is to figure out better solutions, even though it takes more time. One of the marks of maturity is the ability to delay satisfaction if the reward you can get in the future, through extra work, is bigger than the reward you get through grabbing for something in the present.
12:49 AM on 12/20/2008
We are living in a time were our representatives are not Patriots. They have not passed any policies that benefit the American people and its infrastructure. Billons of dollars were lost in Iraq not only on the war but the cash that was sent over there to help rebuild.
Where is it? Just one of many examples of congressional miss management; I think the government executives should be fired or put in jail for all the miss management. All they do is talk about how the American people need to spend less and be responsible. What about them? Republican and Democrat they are the same; working for the Federal Reserve once people understand that we can get through the B.S. The banks got a bailout to put money back in the pockets of the ones who planed the fall of the U.S economy.
They need to cause a panic to get permission to take some right away. (Follow the money trail).

Congress is talking down to the big 3 auto makers for providing a good wage, Pension and health benefits to its workers. They should be thanking them for supporting a way of life for the country and setting a standard of good paying jobs. They can't compete because the transplant auto makers aren't paying a good wage. The transplants have support from their government and large tax incentives to build in the states they reside