> gg wrote:
> waterboarding is a war crime and subject to prosecution.  It's hard to
> find someone who ISN'T talking about this seriously.
>
> Both Bush and Cheney went on national television and said they authorized it.
>

The democrats, near as I can tell, are working overtime to shut this
whole thing down.  Obama and Holder and being all wishy-washy and
talking about moving forward.

Obama:
"We have not made final decisions, but my instinct is for us to focus
on how do we make sure that moving forward we are doing the right
thing. That doesn't mean that if somebody has blatantly broken the
law, that they are above the law. But my orientation's going to be to
move forward."

The torturers, btw, can use an estoppel defense to avoid prosecution
by saying that lawyers said they could legally do it.  That might work
for them.

It WON'T work for Bush and Cheney.

Now granted there's going to be jurisdiction are-they-legal-combatants
type stuff, and there are "cognizable" arguments that say they weren't
and therefore there's no crime.

But remove the politics and there's plenty of firm ground to arrest
Bush and Cheney and hash out the protections in court.

And the experts I've spoken with have detailed exactly why they'd Bush
and Cheney would lose.

The Democrats pushing for the commission know this too which is why
they want the commission to bury the thing..

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