On Tue, January 27, 2009 11:03 pm, David Cake wrote:
> At 3:29 PM -0800 27/1/09, Roger Howard wrote:
>>All along we're gonna be up against the following:
>>
>>1. Defendants had it on good legal advice that what they were doing was
>>within the law; of course, between two lawyers and a judge you could have
>>4 opinions about what's legal, but this will be a fundamental defense.
>>2. Barring that defense, there's always the claims of extraordinary
>> powers
>>by the Executive, particularly during a time of war.
>>
>>Anyway, as usual I think we're on the same side, and quibbling about the
>>details. I have no idea what the process should be or will be, but I hope
>>there is a process involving extensive documentation about what occurred
>>and who authorized it, and if criminal wrongdoing is shown (which I would
>>expect unless it's a complete whitewash, which is possible) then I would
>>expect nothing less than trials. If the investigations are complete then
>>bring on the indictments.
>
>       The latter, at least, should make no difference to the UN.
> War crimes are international law - just because your commander in
> chief orders you to commit something that you know to be a violation
> of international law doesn't get you off the hook, 'I was just
> following orders' is no excuse. I should have thought that principle
> was pretty well established by Nuremberg.

I didn't say that I think those are valid defenses for war crimes, only
that those will surely be arguments made (and have been, for years now,
without filling in the details).

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