Above the law: the Bush crime syndicate
The Bush crime syndicate genuinely believed that the president was above the law. It's not hyperbole -- it was an actual legal opinion:
The Justice Department sent a legal memorandum to the Pentagon in 2003 asserting that federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators who questioned al-Qaeda captives because the president's ultimate authority as commander in chief overrode such statutes.We always knew that the Bush crime syndicate was populated by ideologues and sycophants, but this takes it to a new level. How abusing those already in custody protects the U.S. from attack is beyond me ... that requires a leap of logical thought that is well outside my experience as a sentient being. That's textbook through-the-looking-glass thinking right there.
[...]
Sent to the Pentagon's general counsel on March 14, 2003, by John C. Yoo, then a deputy in the Justice Department's Office of Legal Counsel, the memo provides an expansive argument for nearly unfettered presidential power in a time of war. It contends that numerous laws and treaties forbidding torture or cruel treatment should not apply to U.S. interrogations in foreign lands because of the president's inherent wartime powers.
"If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network," Yoo wrote. "In that case, we believe that he could argue that the executive branch's constitutional authority to protect the nation from attack justified his actions."
Interrogators who harmed a prisoner would be protected by a "national and international version of the right to self-defense," Yoo wrote. He also articulated a definition of illegal conduct in interrogations -- that it must "shock the conscience" -- that the Bush administration advocated for years.
"Whether conduct is conscience-shocking turns in part on whether it is without any justification," Yoo wrote, explaining, for example, that it would have to be inspired by malice or sadism before it could be prosecuted.
The Bush crime syndicate works on only one principle: find someone dumb enough or craven enough -- or both -- to give you the answer you want to hear, no matter what the consequences. John Yoo certainly fits that bill.
Pity I spent all that time and money on law school to learn laws that don't mean anything.
Labels: George W. Bush, John Yoo, law



















