It was yesterday, on the one year anniversary of the collapse of Karl Rove's thousand-year Reich, when the Democrats subjected themselves to both public embarrassment and public disgrace, and each within a few hours of the other.
read more | digg story
Thursday, November 8, 2007
Wednesday, November 7, 2007
KEITH OLBERMANN SPECIAL COMMENT ON WATERBOARDING NOV 5, 2007
I need make no comment on THIS brilliant and courageous journalism/editorial.
Monday, November 5, 2007
Pakistan's State of Emergency - a Blueprint for Bush/Cheney?
The latest news out of Islamabad is scary to say the least. The "State of Emergency" declared by Musharef is being described as a means to control the growing terrorist activity. Condi Rice supports the "anti-terrorist" ally Musharef, still. But people who are closely watching the drama unfold, say that this act by Musharef is just a thinly disguised attempt to make sure that the Supreme Court's upcoming decision on the legality of his election never takes place. Cracking down on terrorists? Not according to reports out of the Northwest provinces where they actually LET TERRORISTS GO. They are cracking down in the cities, and cracking down on human rights leaders.
For the real scoop, Juan Coles "Informed Comment" is a must read. The most chilling comment being:
If Bush and Cheney are ever tempted into extreme measures in the United States, Musharraf has provided a template for how it would unfold. Maintain you are moving against terrorists and extremists, but actually move against the rule of law. Rubin has accepted the suggested term of "lawfare" to describe this kind of warfare by executive order.
Labels: Pakistan
posted by Juan Cole @ 11/05/2007 06:30:00 AM 0 comments
Urdu Press Blames US for Crisis
For the real scoop, Juan Coles "Informed Comment" is a must read. The most chilling comment being:
If Bush and Cheney are ever tempted into extreme measures in the United States, Musharraf has provided a template for how it would unfold. Maintain you are moving against terrorists and extremists, but actually move against the rule of law. Rubin has accepted the suggested term of "lawfare" to describe this kind of warfare by executive order.
Labels: Pakistan
posted by Juan Cole @ 11/05/2007 06:30:00 AM 0 comments
Urdu Press Blames US for Crisis
Saturday, November 3, 2007
Ten Reasons to Impeach Bush and Cheney
From Democrats.com :
Ten Reasons to Impeach George Bush and Dick Cheney
I ask Congress to impeach President Bush and Vice President Cheney for the following reasons:
1. Violating the United Nations Charter by launching an illegal "War of Aggression" against Iraq without cause, using fraud to sell the war to Congress and the public, misusing government funds to begin bombing without Congressional authorization, and subjecting our military personnel to unnecessary harm, debilitating injuries, and deaths.
2. Violating U.S. and international law by authorizing the torture of thousands of captives, resulting in dozens of deaths, and keeping prisoners hidden from the International Committee of the Red Cross.
3. Violating the Constitution by arbitrarily detaining Americans, legal residents, and non-Americans, without due process, without charge, and without access to counsel.
4. Violating the Geneva Conventions by targeting civilians, journalists, hospitals, and ambulances, and using illegal weapons, including white phosphorous, depleted uranium, and a new type of napalm.
5. Violating U.S. law and the Constitution through widespread wiretapping of the phone calls and emails of Americans without a warrant.
6. Violating the Constitution by using "signing statements" to defy hundreds of laws passed by Congress.
7. Violating U.S. and state law by obstructing honest elections in 2000, 2002, 2004, and 2006.
8. Violating U.S. law by using paid propaganda and disinformation, selectively and misleadingly leaking classified information, and exposing the identity of a covert CIA operative working on sensitive WMD proliferation for political retribution.
9. Subverting the Constitution and abusing Presidential power by asserting a "Unitary Executive Theory" giving unlimited powers to the President, by obstructing efforts by Congress and the Courts to review and restrict Presidential actions, and by promoting and signing legislation negating the Bill of Rights and the Writ of Habeas Corpus.
10. Gross negligence in failing to assist New Orleans residents after Hurricane Katrina, in ignoring urgent warnings of an Al Qaeda attack prior to Sept. 11, 2001, and in increasing air pollution causing global warming.
Ten Reasons to Impeach George Bush and Dick Cheney
I ask Congress to impeach President Bush and Vice President Cheney for the following reasons:
1. Violating the United Nations Charter by launching an illegal "War of Aggression" against Iraq without cause, using fraud to sell the war to Congress and the public, misusing government funds to begin bombing without Congressional authorization, and subjecting our military personnel to unnecessary harm, debilitating injuries, and deaths.
2. Violating U.S. and international law by authorizing the torture of thousands of captives, resulting in dozens of deaths, and keeping prisoners hidden from the International Committee of the Red Cross.
3. Violating the Constitution by arbitrarily detaining Americans, legal residents, and non-Americans, without due process, without charge, and without access to counsel.
4. Violating the Geneva Conventions by targeting civilians, journalists, hospitals, and ambulances, and using illegal weapons, including white phosphorous, depleted uranium, and a new type of napalm.
5. Violating U.S. law and the Constitution through widespread wiretapping of the phone calls and emails of Americans without a warrant.
6. Violating the Constitution by using "signing statements" to defy hundreds of laws passed by Congress.
7. Violating U.S. and state law by obstructing honest elections in 2000, 2002, 2004, and 2006.
8. Violating U.S. law by using paid propaganda and disinformation, selectively and misleadingly leaking classified information, and exposing the identity of a covert CIA operative working on sensitive WMD proliferation for political retribution.
9. Subverting the Constitution and abusing Presidential power by asserting a "Unitary Executive Theory" giving unlimited powers to the President, by obstructing efforts by Congress and the Courts to review and restrict Presidential actions, and by promoting and signing legislation negating the Bill of Rights and the Writ of Habeas Corpus.
10. Gross negligence in failing to assist New Orleans residents after Hurricane Katrina, in ignoring urgent warnings of an Al Qaeda attack prior to Sept. 11, 2001, and in increasing air pollution causing global warming.
Friday, November 2, 2007
Obama Introduces New Legislation on Iran..
I'm starting to like Obama, more and more. Saw him interviewed last night by ABC Nightly News correspondent, Charles Gibson and he struck me as so CALM, so grounded, centered, thoughtful; all of the things Bush is not. Bush has always seemed like such an idealogue, one trick pony (although in his case, one trick horse's ass would be more appropos).
Read in Talking Points Memo today (link in favorites) that Obama is now introducing legislation on Iran, to counter-balance Kyl-Lieberman. GOOD! Here's the story from TPM:
Obama introduces Iran measure
Democrat Obama to Introduce Resolution Saying Bush Has No Authority for War With Iran
NEDRA PICKLER
AP News
Nov 01, 2007 20:36 EDT
Democrat Barack Obama introduced a Senate resolution late Thursday that says President Bush does not have authority to use military force against Iran, the latest move in a debate with presidential rival Hillary Rodham Clinton about how to respond to that country's nuclear ambitions.
Clinton's campaign accused Obama of playing politics instead of taking a leadership role from the outset.
Obama spokesman Bill Burton said the Illinois senator drafted the measure in an effort to "nullify the vote the Senate took to give the president the benefit of the doubt on Iran."
Burton was referring to an amendment sponsored by Sens. Jon Kyl, R-Ariz., and Joe Lieberman, an independent from Connecticut, that passed 76-22 on Sept. 26 and designates Iran's Revolutionary Guard as a terrorist organization.
Clinton was the only Senate Democrat running for president to support the measure, and her rivals have argued that Bush could use it to justify war with Iran. Clinton insists her vote would not support military strikes and instead was a vote for stepped-up diplomacy.
Last week, the Bush administration declared the Revolutionary Guard a proliferator of weapons of mass destruction and announced new sanctions meant to isolate Iran. The Iranian government contends its nuclear program is aimed only toward providing nuclear power.
Clinton and 29 other senators wrote to Bush Thursday to tell him he has no congressional authority for war with Iran.
The four Democratic senators running for the White House split over whether to sign the letter. Chris Dodd of Connecticut added his support, while Obama and Joe Biden of Delaware declined.
The letter accuses Bush of "provocative statements and actions stemming from your administration with respect to possible U.S. military action in Iran."
"We wish to emphasize that no congressional authority exists for unilateral military action against Iran," it says. That includes the Kyl-Lieberman amendment, the letter says.
Obama missed the vote on the amendment because he was campaigning. Clinton spokesman Phil Singer said if Obama was so concerned about the amendment, he should have been there to vote against it. Singer said Obama also should have signed Webb's letter and co-sponsored two other pieces of legislation that reaffirm the president cannot use force against Iran without congressional approval.
"It's unfortunate that (Senator) Obama is abandoning the politics of hope in favor of the kind of political games he is so critical of in his book," Singer said. He pointed to a passage in "The Audacity of Hope" where Obama is critical of the tendency to "exaggerate or demonize, oversimplify or overstate our case."
Said Obama spokesman Bill Burton: "With her vote for the war in Iraq and her vote for the Kyl-Lieberman amendment, Hillary Clinton has now given George Bush the benefit of the doubt not once, but twice. While she's trying her best to change her position on yet another critical issue facing our country, Senator Obama knows that it takes legislation, not letters, to undo the vote that she cast."
His resolution says any offensive military action against Iran must be explicitly authorized by Congress, and seeks to clarify that nothing approved so far provides that authority.
Biden spokeswoman Elizabeth Alexander said Biden believes the amendment could be used to justify military action.
"He has also made clear many times his view that the president lacks the authority to use force against Iran absent authorization from Congress," she said. "He didn't need to clarify that position. He's been clear from the start."
Even though Dodd shares that view, he signed the letter because "we felt that it was necessary to make it clear that this administration cannot take military action against Iran without the express authorization of Congress," said Dodd spokesman Hari Sevugan.
Source: AP News
Read in Talking Points Memo today (link in favorites) that Obama is now introducing legislation on Iran, to counter-balance Kyl-Lieberman. GOOD! Here's the story from TPM:
Obama introduces Iran measure
Democrat Obama to Introduce Resolution Saying Bush Has No Authority for War With Iran
NEDRA PICKLER
AP News
Nov 01, 2007 20:36 EDT
Democrat Barack Obama introduced a Senate resolution late Thursday that says President Bush does not have authority to use military force against Iran, the latest move in a debate with presidential rival Hillary Rodham Clinton about how to respond to that country's nuclear ambitions.
Clinton's campaign accused Obama of playing politics instead of taking a leadership role from the outset.
Obama spokesman Bill Burton said the Illinois senator drafted the measure in an effort to "nullify the vote the Senate took to give the president the benefit of the doubt on Iran."
Burton was referring to an amendment sponsored by Sens. Jon Kyl, R-Ariz., and Joe Lieberman, an independent from Connecticut, that passed 76-22 on Sept. 26 and designates Iran's Revolutionary Guard as a terrorist organization.
Clinton was the only Senate Democrat running for president to support the measure, and her rivals have argued that Bush could use it to justify war with Iran. Clinton insists her vote would not support military strikes and instead was a vote for stepped-up diplomacy.
Last week, the Bush administration declared the Revolutionary Guard a proliferator of weapons of mass destruction and announced new sanctions meant to isolate Iran. The Iranian government contends its nuclear program is aimed only toward providing nuclear power.
Clinton and 29 other senators wrote to Bush Thursday to tell him he has no congressional authority for war with Iran.
The four Democratic senators running for the White House split over whether to sign the letter. Chris Dodd of Connecticut added his support, while Obama and Joe Biden of Delaware declined.
The letter accuses Bush of "provocative statements and actions stemming from your administration with respect to possible U.S. military action in Iran."
"We wish to emphasize that no congressional authority exists for unilateral military action against Iran," it says. That includes the Kyl-Lieberman amendment, the letter says.
Obama missed the vote on the amendment because he was campaigning. Clinton spokesman Phil Singer said if Obama was so concerned about the amendment, he should have been there to vote against it. Singer said Obama also should have signed Webb's letter and co-sponsored two other pieces of legislation that reaffirm the president cannot use force against Iran without congressional approval.
"It's unfortunate that (Senator) Obama is abandoning the politics of hope in favor of the kind of political games he is so critical of in his book," Singer said. He pointed to a passage in "The Audacity of Hope" where Obama is critical of the tendency to "exaggerate or demonize, oversimplify or overstate our case."
Said Obama spokesman Bill Burton: "With her vote for the war in Iraq and her vote for the Kyl-Lieberman amendment, Hillary Clinton has now given George Bush the benefit of the doubt not once, but twice. While she's trying her best to change her position on yet another critical issue facing our country, Senator Obama knows that it takes legislation, not letters, to undo the vote that she cast."
His resolution says any offensive military action against Iran must be explicitly authorized by Congress, and seeks to clarify that nothing approved so far provides that authority.
Biden spokeswoman Elizabeth Alexander said Biden believes the amendment could be used to justify military action.
"He has also made clear many times his view that the president lacks the authority to use force against Iran absent authorization from Congress," she said. "He didn't need to clarify that position. He's been clear from the start."
Even though Dodd shares that view, he signed the letter because "we felt that it was necessary to make it clear that this administration cannot take military action against Iran without the express authorization of Congress," said Dodd spokesman Hari Sevugan.
Source: AP News
Thursday, November 1, 2007
Is Waterboarding torture? Have it done to you, THEN decide...
I listened to Democracy Now the other day with interest when a Human Rights organization representative talked about filing a lawsuit against Donald Rumsfeld with French authorities, while Rumsfeld was visiting France. Their hope was that the French authorities would arrest Rumsfeld as a war criminal for authorizing torture while he was Secretary of Defense.
I later read that he had to be whisked away into an adjacent US Embassy building by US Embassy officials and spirited away to Germany, where they have dropped a proposal by human rights activists to charge Rumsfeld as a war criminal. You know, Germany understands.......those pesky human rights sometimes get in the way of a nation state's larger purpose.
Today's lead story in the NY Times is how this scenario could be played out in the future with much different consequences for Rummy and even George W. Bush, should the nominee for Attorney General, come out and clearly define waterboarding as torture. That is why he is torturing the definition......of torture......it's so this cabal of neocon goosesteppers won't get into legal hot water when there is a change of Administration.
But to the question "Is waterboarding torture?" Any child could tell you that it is. Any person who has experienced it, would tell you that it is. If some lunatic serial killer like the BTK killer for example, used this ritual as part of his reportoire after kidnapping and binding people, do you think the prosecuting D.A. in a case like that would say "Naw, we don't want to include torture as one of the charges, that was just, you know, applying pressure, but it was no big deal." ? Oh HELL no. You KNOW that D.A. would indict the maniac on torture for that act, and nobody would blink an eye and I'd like to see a defense attorney fight that one. Maybe that is what needs to happen. For criminal attorneys and district attorneys and judges to say that if the government can do these things with impunity then so can criminal maniacs.
Here is the text of today's NY Times story on the matter. Warning: It's sickening to watch the waffling, especially by the moderate Dems. Ugh. But read on:
November 1, 2007
Nominee’s Stand May Avoid Tangle of Torture Cases
By SCOTT SHANE
WASHINGTON, Oct. 31 — In adamantly refusing to declare waterboarding illegal, Michael B. Mukasey, the nominee for attorney general, is steering clear of a potential legal quagmire for the Bush administration: criminal prosecution or lawsuits against Central Intelligence Agency officers who used the harsh interrogation practice and those who authorized it, legal experts said Wednesday.
On Wednesday, Senator Patrick J. Leahy, Democrat of Vermont, the chairman of the Senate Judiciary Committee, scheduled a confirmation vote for Tuesday amid deep uncertainty about the outcome at the committee level. If Mr. Mukasey’s nomination reaches the Senate floor, moderate Democrats appear likely to join Republicans to produce a majority for confirmation. But a party-line vote in the Judiciary Committee, which seemed a possibility, could block the nomination from reaching the floor.
The biggest problem for Mr. Mukasey remains his refusal to take a clear legal position on the interrogation technique. Fear of opening the door to criminal or civil liability for torture or abuse, whether in an American court or in courts overseas, appeared to loom large in Mr. Mukasey’s calculations as he parried questions from the committee this week. Some legal experts suggested that liability could go all the way to President Bush if he explicitly authorized waterboarding.
Waterboarding is a centuries-old interrogation method in which a prisoner’s face is covered with cloth and then doused with water to create a feeling of suffocation. It was used in 2002 and 2003 by C.I.A. officers questioning at least three high-level terrorism suspects, government officials say.
Senator Arlen Specter of Pennsylvania, the committee’s top Republican, said at a hearing Wednesday that any statement by Mr. Mukasey that waterboarding is torture could fuel criminal charges or lawsuits against those responsible for waterboarding.
“The facts are that an expression of an opinion by Judge Mukasey prior to becoming attorney general would put a lot of people at risk for what has happened,” Mr. Specter said.
Mr. Specter, who said he was briefed on the interrogation issue this week by the C.I.A. director, Gen. Michael V. Hayden, noted that human rights groups had filed a criminal complaint on torture against Donald H. Rumsfeld, the former defense secretary, while he was visiting France this month. Such cases, based on the legal concept of “universal jurisdiction” for torture and certain other crimes, have proliferated in recent years, though they have often posed more of an aggravation than a serious threat.
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.
“I witnessed top officials and bureaucrats in the White House and throughout the administration openly worrying that investigators, acting with the benefit of hindsight in a different political environment, would impose criminal penalties on heat-of-battle judgment calls,” Mr. Goldsmith wrote.
Scott L. Silliman, an expert on national security law at Duke University School of Law, said any statement by Mr. Mukasey that waterboarding was illegal torture “would open up Pandora’s box,” even in the United States. Such a statement from an attorney general would override existing Justice Department legal opinions and create intense pressure from human rights groups to open a criminal investigation of interrogation practices, Mr. Silliman said.
“You would ask not just who carried it out, but who specifically approved it,” said Mr. Silliman, director of the Center on Law, Ethics and National Security at Duke. “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,” Mr. Silliman said of Mr. Mukasey.
Robert M. Chesney, of Wake Forest University School of Law, said Mr. Mukasey’s statements could influence the climate in which prosecution decisions are made.
“There is a culture of concern about where Monday-morning quarterbacking could lead to,” Mr. Chesney said. If Mr. Mukasey declared waterboarding illegal, “it would make it politically more possible to go after interrogators in the future,” he said. “Whether it would change the legal equities is far less clear.”
Mr. Chesney and other specialists emphasized that prosecution in the United States, even under a future administration, would face huge hurdles because Congress since 2005 has adopted laws offering legal protections to interrogators for actions taken with government authorization. Justice Department legal opinions are believed to have approved waterboarding, among other harsh methods.
Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch, said Mr. Mukasey “is hedging in the interest of protecting current and former administration officials from possible prosecution,” either in other countries or by a future American administration. “What he should be doing is providing a straightforward interpretation of the law,” she said.
Mr. Mukasey, 66, a retired federal judge from New York, referred to the criminal liability issue several times in nearly 180 pages of written answers delivered to the Senate on Tuesday. He said that while he personally found waterboarding and similar interrogation methods “repugnant,” he could not call them illegal. One reason, he said, was to avoid any implication that intelligence officers and their bosses had broken the law.
“I would not want any uninformed statement of mine made during a confirmation process to present our own professional interrogators in the field, who must perform their duty under the most stressful conditions, or those charged with reviewing their conduct,” Mr. Mukasey wrote, “with a perceived threat that any conduct of theirs, past or present, that was based on authorizations supported by the Department of Justice could place them in personal legal jeopardy.”
If the judiciary committee were to split along party lines, the deciding vote could go to Senator Charles E. Schumer, Democrat of New York, who first suggested Mr. Mukasey to succeed Alberto R. Gonzales.
That would leave Mr. Schumer, ordinarily an enthusiastic partisan combatant, with a difficult decision: whether to break with his fellow Democrats and save Mr. Mukasey’s nomination or to vote to kill the nomination of a man he has highly praised.
On Wednesday, Mr. Schumer was uncharacteristically reluctant to discuss his views. He avoided television crews waiting outside an unrelated press conference and refused to answer questions about the judge’s letter on waterboarding.
“I’m not going to comment on Judge Mukasey here,” he said. “I’m reading the letter, I’m going over it.”
Dana M. Perino, the White House press secretary, said Democrats were “playing politics” with the waterboarding issue, noting that Mr. Mukasey had not been briefed on classified interrogation methods. “I can’t imagine the Democrats would want to hold back his nomination just because he is a thoughtful, careful thinker who looks at all the facts before he makes a judgment,” Ms. Perino said.
Senator Orrin G. Hatch, Republican of Utah, offered a fierce defense of Mr. Mukasey, who he said had spent “40 days in the partisan wilderness,” on the Senate floor. “What kind of crazy, topsy-turvy confirmation process is this?” Mr. Hatch asked.
But Senator Sheldon Whitehouse, Democrat of Rhode Island, declared on the floor that he would vote against confirming Mr. Mukasey, whom he called a good man and a brilliant lawyer, because of the torture question. “I don’t think anyone intended this nomination to turn on this issue,” Mr. Whitehouse said.
Three Republicans who have denounced waterboarding wrote to Mr. Mukasey on Wednesday, suggesting that they would support him but urging him to declare waterboarding illegal after he is confirmed.
The senators, John McCain of Arizona, John W. Warner of Virginia and Lindsey Graham of South Carolina, said anyone who engaged in waterboarding “puts himself at risk of prosecution, including under the War Crimes Act, and opens himself to civil liability as well.”
Carl Hulse and Steven Lee Myers contributed reporting.
I later read that he had to be whisked away into an adjacent US Embassy building by US Embassy officials and spirited away to Germany, where they have dropped a proposal by human rights activists to charge Rumsfeld as a war criminal. You know, Germany understands.......those pesky human rights sometimes get in the way of a nation state's larger purpose.
Today's lead story in the NY Times is how this scenario could be played out in the future with much different consequences for Rummy and even George W. Bush, should the nominee for Attorney General, come out and clearly define waterboarding as torture. That is why he is torturing the definition......of torture......it's so this cabal of neocon goosesteppers won't get into legal hot water when there is a change of Administration.
But to the question "Is waterboarding torture?" Any child could tell you that it is. Any person who has experienced it, would tell you that it is. If some lunatic serial killer like the BTK killer for example, used this ritual as part of his reportoire after kidnapping and binding people, do you think the prosecuting D.A. in a case like that would say "Naw, we don't want to include torture as one of the charges, that was just, you know, applying pressure, but it was no big deal." ? Oh HELL no. You KNOW that D.A. would indict the maniac on torture for that act, and nobody would blink an eye and I'd like to see a defense attorney fight that one. Maybe that is what needs to happen. For criminal attorneys and district attorneys and judges to say that if the government can do these things with impunity then so can criminal maniacs.
Here is the text of today's NY Times story on the matter. Warning: It's sickening to watch the waffling, especially by the moderate Dems. Ugh. But read on:
November 1, 2007
Nominee’s Stand May Avoid Tangle of Torture Cases
By SCOTT SHANE
WASHINGTON, Oct. 31 — In adamantly refusing to declare waterboarding illegal, Michael B. Mukasey, the nominee for attorney general, is steering clear of a potential legal quagmire for the Bush administration: criminal prosecution or lawsuits against Central Intelligence Agency officers who used the harsh interrogation practice and those who authorized it, legal experts said Wednesday.
On Wednesday, Senator Patrick J. Leahy, Democrat of Vermont, the chairman of the Senate Judiciary Committee, scheduled a confirmation vote for Tuesday amid deep uncertainty about the outcome at the committee level. If Mr. Mukasey’s nomination reaches the Senate floor, moderate Democrats appear likely to join Republicans to produce a majority for confirmation. But a party-line vote in the Judiciary Committee, which seemed a possibility, could block the nomination from reaching the floor.
The biggest problem for Mr. Mukasey remains his refusal to take a clear legal position on the interrogation technique. Fear of opening the door to criminal or civil liability for torture or abuse, whether in an American court or in courts overseas, appeared to loom large in Mr. Mukasey’s calculations as he parried questions from the committee this week. Some legal experts suggested that liability could go all the way to President Bush if he explicitly authorized waterboarding.
Waterboarding is a centuries-old interrogation method in which a prisoner’s face is covered with cloth and then doused with water to create a feeling of suffocation. It was used in 2002 and 2003 by C.I.A. officers questioning at least three high-level terrorism suspects, government officials say.
Senator Arlen Specter of Pennsylvania, the committee’s top Republican, said at a hearing Wednesday that any statement by Mr. Mukasey that waterboarding is torture could fuel criminal charges or lawsuits against those responsible for waterboarding.
“The facts are that an expression of an opinion by Judge Mukasey prior to becoming attorney general would put a lot of people at risk for what has happened,” Mr. Specter said.
Mr. Specter, who said he was briefed on the interrogation issue this week by the C.I.A. director, Gen. Michael V. Hayden, noted that human rights groups had filed a criminal complaint on torture against Donald H. Rumsfeld, the former defense secretary, while he was visiting France this month. Such cases, based on the legal concept of “universal jurisdiction” for torture and certain other crimes, have proliferated in recent years, though they have often posed more of an aggravation than a serious threat.
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.
“I witnessed top officials and bureaucrats in the White House and throughout the administration openly worrying that investigators, acting with the benefit of hindsight in a different political environment, would impose criminal penalties on heat-of-battle judgment calls,” Mr. Goldsmith wrote.
Scott L. Silliman, an expert on national security law at Duke University School of Law, said any statement by Mr. Mukasey that waterboarding was illegal torture “would open up Pandora’s box,” even in the United States. Such a statement from an attorney general would override existing Justice Department legal opinions and create intense pressure from human rights groups to open a criminal investigation of interrogation practices, Mr. Silliman said.
“You would ask not just who carried it out, but who specifically approved it,” said Mr. Silliman, director of the Center on Law, Ethics and National Security at Duke. “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,” Mr. Silliman said of Mr. Mukasey.
Robert M. Chesney, of Wake Forest University School of Law, said Mr. Mukasey’s statements could influence the climate in which prosecution decisions are made.
“There is a culture of concern about where Monday-morning quarterbacking could lead to,” Mr. Chesney said. If Mr. Mukasey declared waterboarding illegal, “it would make it politically more possible to go after interrogators in the future,” he said. “Whether it would change the legal equities is far less clear.”
Mr. Chesney and other specialists emphasized that prosecution in the United States, even under a future administration, would face huge hurdles because Congress since 2005 has adopted laws offering legal protections to interrogators for actions taken with government authorization. Justice Department legal opinions are believed to have approved waterboarding, among other harsh methods.
Jennifer Daskal, senior counterterrorism counsel at Human Rights Watch, said Mr. Mukasey “is hedging in the interest of protecting current and former administration officials from possible prosecution,” either in other countries or by a future American administration. “What he should be doing is providing a straightforward interpretation of the law,” she said.
Mr. Mukasey, 66, a retired federal judge from New York, referred to the criminal liability issue several times in nearly 180 pages of written answers delivered to the Senate on Tuesday. He said that while he personally found waterboarding and similar interrogation methods “repugnant,” he could not call them illegal. One reason, he said, was to avoid any implication that intelligence officers and their bosses had broken the law.
“I would not want any uninformed statement of mine made during a confirmation process to present our own professional interrogators in the field, who must perform their duty under the most stressful conditions, or those charged with reviewing their conduct,” Mr. Mukasey wrote, “with a perceived threat that any conduct of theirs, past or present, that was based on authorizations supported by the Department of Justice could place them in personal legal jeopardy.”
If the judiciary committee were to split along party lines, the deciding vote could go to Senator Charles E. Schumer, Democrat of New York, who first suggested Mr. Mukasey to succeed Alberto R. Gonzales.
That would leave Mr. Schumer, ordinarily an enthusiastic partisan combatant, with a difficult decision: whether to break with his fellow Democrats and save Mr. Mukasey’s nomination or to vote to kill the nomination of a man he has highly praised.
On Wednesday, Mr. Schumer was uncharacteristically reluctant to discuss his views. He avoided television crews waiting outside an unrelated press conference and refused to answer questions about the judge’s letter on waterboarding.
“I’m not going to comment on Judge Mukasey here,” he said. “I’m reading the letter, I’m going over it.”
Dana M. Perino, the White House press secretary, said Democrats were “playing politics” with the waterboarding issue, noting that Mr. Mukasey had not been briefed on classified interrogation methods. “I can’t imagine the Democrats would want to hold back his nomination just because he is a thoughtful, careful thinker who looks at all the facts before he makes a judgment,” Ms. Perino said.
Senator Orrin G. Hatch, Republican of Utah, offered a fierce defense of Mr. Mukasey, who he said had spent “40 days in the partisan wilderness,” on the Senate floor. “What kind of crazy, topsy-turvy confirmation process is this?” Mr. Hatch asked.
But Senator Sheldon Whitehouse, Democrat of Rhode Island, declared on the floor that he would vote against confirming Mr. Mukasey, whom he called a good man and a brilliant lawyer, because of the torture question. “I don’t think anyone intended this nomination to turn on this issue,” Mr. Whitehouse said.
Three Republicans who have denounced waterboarding wrote to Mr. Mukasey on Wednesday, suggesting that they would support him but urging him to declare waterboarding illegal after he is confirmed.
The senators, John McCain of Arizona, John W. Warner of Virginia and Lindsey Graham of South Carolina, said anyone who engaged in waterboarding “puts himself at risk of prosecution, including under the War Crimes Act, and opens himself to civil liability as well.”
Carl Hulse and Steven Lee Myers contributed reporting.
Subscribe to:
Posts (Atom)