Posted by Orin Kerr:
Nuremberg or Nothing for Bush Administration Officials?:
http://volokh.com/archives/archive_2008_08_03-2008_08_09.shtml#1218142016
[1]TPM TV has an interview with Dahlia Lithwick on whether the Bush
Administration officials responsible for legal strategies in the GWOT
should be tried for war crimes Nuremberg-style, or whether a Truth
Commission South-Africa-style or just some investigations or even
nothing is more appropriate:
[EMBED]
I personally think it's delusional to think that the public would
allow former U.S. government officials to face war crimes prosecutions
or anything remotely like it for their legal advice in the war on
terror. Those who want war crimes investigations brought against Bush
Administration officials remind me a lot of the Republicans who wanted
Bill Clinton impeached and removed for his conduct in Monicagate in
the late 1990s. They're mistaking the anger and sense of moral
righteousness among the base with the attitudes of the public at
large.
But I doubt we'll get to that point anyway. Based on what we know
about George W. Bush, isn't it highly likely that he'll pardon
everyone prospectively on his way out in January 2009? After all, the
officials were doing the President's bidding. In an Administration as
focused on loyalty to the President as this one, I would be surprised
if he would let his people face the prospect of prosecution down the
road.
References
1.
http://tpmtv.talkingpointsmemo.com/2008/08/tpmtv_a_chat_with_dahlia_lithw.php
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