Bring it On

There is an article in today's New York Times about the way Michael Mukasey has been hedging on waterboarding. The difficulty, according to many experts is, as "Jack L. Goldsmith, who served in the Justice Department in 2003 and 2004, wrote in his recent memoir, The Terror Presidency, that the possibility of future prosecution for aggressive actions against terrorism was a constant worry inside the Bush administration." Another expert points out that future prosecutors "...would ask not just who carried it out, but who specifically approved it. Theoretically, it could go all the way up to the president of the United States; that's why he'll never say it's torture."

I have to say that I am both glad and amazed that the Bush administration is with it enough to worry. That is a good sign. And they should worry, because they should be indicted, at least. I hope that they are, and that, indeed, it does "go all the way up to the president". One of the Attorney General's jobs should be making sure not only that the laws are enforced, but also that the laws are actual laws--not opinions by John Yoo or David Addington or some other
administration apologist. There is an exact definition of what a law is in this country, and it is not the same as a partisan legal opinion.

One of the enraging things about the Bush administration is the way that they have consistently written their own rules, as if governing the nation is like playing a game of stealing the flag, where the stronger team, when it finds itself losing, simply changes the score or the rules until they either technically "win" or wear out the other side (and in fact, George W. Bush, according to Gail Sheehy, was well known among his friends for changing the rules of a game until he could engineer a win -- and isn't that how they won in 2000?). To do such things is not "courage" or "resolve", it is tyranny.

Mukasey and other Bush administration officials clearly believe that they are going to put over the idea that they "might have gone too far", but that their "intentions were good" and they "just wanted to protect the country". In such a way, they plan to avoid paying the price for their choices and decisions. The law deals with this sort of defense. Someone whose car hits another person in a crosswalk might have been too frightened to stick around or might not have even
realized he had hit someone, but the law still prosecutes these crimes, because a responsible citizen is expected to conform to the laws no matter what his emotional state. Same with Cheney and Bush. You or I may suspect that they were indifferent to the idea of torture in their names, or possibly relished it, but we will never know that. We do, however, know that they explicitly and knowingly allowed torture. The law has no meaning if they don't have to pay for these crimes.

The number of times the Bush administration has skirted or broken or changed the laws to suit themselves is enormous and outrageous. We cannot hope to correct what they have done to our country without addressing their lawlessness. If this means retroactive prosecution, I say bring it on. The fact that they are worried means they know that they should have known better--in fact, they did know better. All of them.

Comments

[CTGJR]

I have only ever voted for one Republican(Nixon in 1968) and that was enough to teach me a valuable lesson about this country. You cannot trust Republicans to do anything for the greater good, such as health care, minimum wage, respect for the Constitution,public education, etc. Every position they promote is for their own financial interests and trampling of individual liberties.
I quit reading Clancy books when he started advocating martial law and right wing dictatorships; I also will not read any new books by Vince Flynn since his theme has been to advocate torture.

How did we get to this state of affairs? Why is everyone so terrified and willing to go along with the demented crew in the White House?

[OhgReaTone]

There are two striking and fundamental tragedies unfolding. The interpretation of Presidential powers by the Administration and the lack of willingness by the Congress to be responsible in balancing those powers. Our hope rests in our system, the voters will fix the problem in 2008.
Ohg.
http://thefireside.wordpress.com/2007/10/17/dick-cheney-misunderestimating-power/

[dgeneo]

Just imagine what my comment is [and what our country has come to] when I dare not express it overtly.

[Jochrome]

Combined with Blackwater, which we now know is a parallel shadow govt security force run by a right wing conservative, unbound to military rules (e.g. remember the "Gestapo"; eerily sounds like them), now the govt can label any American citizen a terrorist, throw out habeas corpus, and have Blackwater waterboard them... all in the comfort of our own backyard.... isn't that special?....Look out everyone. IF we don't stand up soon, and take our eyes off the distractions - football games and Britney etc, then we may not have anyone notice when they take us away.

[ljsfolly]

It is obvious someone told this guy he would create legal issues for Bush and Co if he said waterboarding it torture.He should not get gonzo's job if he is just going to be another one protecting the president and not those who he is supposed to br protecting. If he waffles at the waterboarding then he should get a demo of it to see for sure if he can stomach the idea of signing his name on the memo saying to do it is fine as bush has a signing statement to protect him and all those in his circle from legal prosicution. Sad that bush has all those signing statements to get past the law and constitution as his oath of office was BS long ago.

[mick3]

Has anyone besides me noticed that Bush no longer refers to himself in every utterance as a "war president"? Or "Commander­-in-Chief"­?

[Grit]

I can say with complete confidence that nothing will ever happen to bring the Bush mob to justice. What do you think all the data mining of phone calls and e-mails is about. Blackmail pure and simple. Why do you think when some Republican representatives get testy about what bush wants, the VP takes them to the wood shed and they come out 100% backing their president. Even if a representative does not have anything bad in an e-mail, they can be edited and presented as real.

[deminmo]

The Bush Presidency made the rules so that
any laws that impeded the goal, could be
easily sidestepped. You know the constant
phrase "Executive Privilage".

No where is it stated in the Constitution. It
has been used, but more in the current
Administration, than ever before, and without
any objections by Congress. Bush has placed
his actions above and beyond the law. Right
now, he doesn't fear any reprisal. And who
would oppose Bush right now, anyway?

[flatus]

Once again, let me spout the following:

The failure to take action against Harriet Meiers for her Congressional subpeona no-show proved that Congress has no teeth.

We can hope all we want but the smirking turd will remain.

[LoriAnn]

Ha...they are with it enough to worry...I think you would have to look at that statement again!!! The underlings who know they would be thrown under the bus are worried...they know they are extremely sacrificial or disposable much like our soldiers. There are still those that believe they are participating in the next "Crusades"...After all its for the "Greater Good", the replenishment of coffers and so Dick wont have to be a Walmart greeter in his older-old age and Georgie wont have to clear brush for his illegal alien friends to come on over to find real good, well compensated, employment!!

[bushlies]

Don't you wish we could have a President and a Congress with the balls to arrest and turn Bush, Cheney, and Company over to The Hague to be tried for crimes against humanity?

In a perfect world this would happen, but unless we're ready to take up arms and have another Revolution, it won't. It will take that and nothing else to wrestle this nation away from a Congress, a Supreme Court, and a unitary executive who serve the interests of the wealthy multinational corporations and their fat-cat CEOs and not the PEOPLE. I just don't see this happening anytime soon, if ever.

Be warned: This administration and its cronies will not let go of power in 2008 voluntarily. And they will use Blackwater and the rest of their hired thugs against US to do it!

[jackox]

You are so correct and reasonable in your analysis. Bravo.

[Bob Egan]

It's amazing how the media is ignoring the connection Michael Mukasey has with 9/11 Rudy.

Massey's son is with Rudy's law firm!! Why would the media pass up a chance to get some more controversial issues introduced? Are they afraid of 'retaliation' when he is confirmed?

Our spineless 'elected' representatives are afraid to challenge Dubya and his ruthless cronies!! How sad.

I will be voting 'anti-incumbent'!!

[bigbear]

The Congress can CHARGE-TRY­-CONVICT-a­nd JAIL Bush and Cheany ,Read Article 1 Section 8 plus the 5th Amendment,they have violated multiple laws of nations-The Geneva Convention,The Allied War Codes At Nuremburg 1945,The UN Charter ETC. ( Impeachment would follow ). No Grand Jury Needed!

[jackstraw005]

of course they should be prosecuted, but it will never happen. and anyone who thinks it will doesnt realize how broken and divided this country really is. call me a pessimist, but i am sure our next president will be a republican, and it will be business as usual.