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The Case for Criminal Procedings
Author: BobR    Date: 02/06/2008 13:26:20

With all of the hoopla over the Super Tuesday primaries, this story has slipped through the cracks. Perhaps the timing of the release of the story was intentional for that very reason.

The CIA used a widely condemned interrogation technique known as waterboarding on three suspects captured after the September 11 attacks, CIA Director Michael Hayden told Congress on Tuesday.

"Waterboarding has been used on only three detainees," Hayden told the Senate Intelligence Committee. It was the first time a U.S. official publicly specified the number of people subjected to waterboarding and named them.

Critics call waterboarding a form of illegal torture. Congress is considering banning the technique.

Congress is considering banning the technique? It's already against the law (which we'll see in a minute). But first, let's take a look at this report from the State Dept about Tunisia:

- Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices; however, security forces reportedly tortured detainees to elicit confessions and discourage resistance. The forms of torture and other abuse included: electric shock; submersion of the head in water; beatings with hands, sticks, and police batons; suspension, sometimes manacled, from cell doors and rods resulting in loss of consciousness; and cigarette burns. According to AI, police and prison officials used sexual assault and threats of sexual assault against the wives of Islamist prisoners to extract information, to intimidate, and to punish.

---- snip

For example, on June 25, according to CNLT, 25-year-old Zied Ghodhbane appeared in court in a state of physical and psychological distress, bearing marks of abuse on his body. He reportedly testified that officials at the Ministry of Interior tortured him by beatings, electrocution, and holding his head under water in detention facilities at the interior ministry after his extradition from Algeria to the country.

So even the State Dept says torture is illegal, and says that dunking someones head in water is torture. But what does the law say? Let's look at Title18, Chapter 113C, Section 2340 of the U.S. Code of Law:
As used in this chapter -
( 1 ) "torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;
( 2 ) "severe mental pain or suffering" means the prolonged mental harm caused by or resulting from -
( A ) the intentional infliction or threatened infliction of severe physical pain or suffering;
( B ) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
( C ) the threat of imminent death; or
( D ) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality;

Can anyone deny that waterboarding represents the threat of imminent death? Not only is it a crime, it's a war crime, according to Title 18, Chapter 118, Section 2441 of the U.S. Code of Law:
(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection ( b ), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.

----snip----

( c ) Definition.— As used in this section the term “war crime” means any conduct—
( 1 ) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party;
( 2 ) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;
( 3 ) which constitutes a violation of common Article 3 of the international conventions signed at Geneva, 12 August 1949, or any protocol to such convention to which the United States is a party and which deals with non-international armed conflict;...

So impeachment is still off the table? Why?... One can certainly say that George W. Bush didn't personally perform these acts, but he oversaw an administration that did, and did nothing to stop it (I believe in legal parlance that's "Conspiracy to Commit"). Ignorance of the law is no excuse. Mukasey can dance around it, but he can't change what the law says, nor what this Administration has done. No retroactive immunity for telecoms, and no retroactive immunity for this Administration.

Off to jail with the lot of them!


172 comments (Latest Comment: 02/07/2008 04:22:23 by BobR)
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Comment by TriSec on 02/06/2008 13:46:11
Morning; death on a cracker here.



No, I am not able to sit up and take nourishment.





Everyone play nice, maybe I'll come in later today.



:thud:



Comment by Raine on 02/06/2008 14:16:27
Excellent Blog BobR. :clap:



And Tri, Tell me did catch Obama Fever? (Off to the penalty Box) Shoot I hope you feel better Soon Tri...



Comment by Raine on 02/06/2008 14:26:42
There are over 800 superdelegates. I am concerned about that as well.

Comment by Raine on 02/06/2008 14:34:57
:thud: Alan Colmes

Comment by Raine on 02/06/2008 14:36:29
OMG the delegate count is that close? oofda!

Comment by m-hadley on 02/06/2008 14:40:16
I'm home this morning , although there's no overtime in the liberry world there is comp time, so I'm using some of the extra hours I worked yesterday to stay home for a few hours this morning. Excellent post BobR. I may go back to bed...

Comment by Raine on 02/06/2008 14:43:20
Well, you know I must say, to all those people who thought that they would have a meaningless primary, suddenly this morning....



those primaries are are going to count now, BIG TIME.



Pennsylvania for example is now a battleground state.

Comment by shelaghc on 02/06/2008 14:53:19
I can stream! I can stream!!!!!!



For today at least.



Comment by wickedpam on 02/06/2008 14:53:44
Morning! :hug:



But not too close I've come down with a small cold.

Comment by shelaghc on 02/06/2008 14:54:22
Quote by Raine: Pennsylvania for example is now a battleground state.




I'm in PA now and I can't vote in the frickin' primary! I will, however, be a force for Obama!



Comment by wickedpam on 02/06/2008 14:55:30
Quote by Raine: Well, you know I must say, to all those people who thought that they would have a meaningless primary, suddenly this morning....



those primaries are are going to count now, BIG TIME.



Pennsylvania for example is now a battleground state.




Yeah! My vote actually matters!



Comment by Raine on 02/06/2008 15:00:13
Seriously. Later primaries are REALLY going to play a major part in this election.



Saturday February 8:

Louisiana Primary 67 delegates

Nebraska Caucus 31 delegates

Washington Caucus 97 delegates

Virgin Islands Other 9 delegates



Sunday Feb 9

Maine Caucus 34 delegates



Tuesday, February 12

District of Columbia Primary 37 delegates

Maryland Primary 99 delegates

Virginia Primary 101 delegates



Tuesday, February 19

Hawaii Caucus 29 delegates

Wisconsin Primary 92 delegates



Tuesday, March 4

Ohio Primary 161 delegates

Rhode Island Primary 32 delegates

Texas Primary 228 delegates

Vermont Primary 23 delegates



Saturday, March 8

Wyoming Caucus 18 delegates



Tuesday, March 11

Mississippi Primary 40 delegates



Tuesday, April 22

Pennsylvania Primary 188 delegates



Saturday, May 3

Guam Other 9 delegates



Tuesday, May 6

Indiana Primary 84 delegates

North Carolina Primary 134 delegates



Tuesday, May 13

West Virginia Primary 39 delegates



Tuesday, May 20

Kentucky Primary 60 delegates

Oregon Primary 65 delegates



Tuesday, June 3

Montana Primary 24 delegates

South Dakota Primary 23 delegates



Saturday, June 7

Puerto Rico Caucus 63 delegates











Comment by livingonli on 02/06/2008 15:01:27
Good morning everyone.



Thanks to working late I got a big headache.

Comment by Raine on 02/06/2008 15:02:36
Good morning everyone!







Comment by shelaghc on 02/06/2008 15:04:31
I was workin' the crowd last night at a Dem primary party.



Spent the night handing out "Drinking Liberally" cards and talking up progressive talk radio for Pittsburgh.



I think I got a *lot* of people's attention.



Woohoo!

Comment by Raine on 02/06/2008 15:04:49
OK, so let me get this straight, TriSec has either Obama or Giants Fever, Faye is overtired, Mala is a tad ill (I think she has super insert whaterver you want here fever, and Liv has a post primary mingraine.



Wow we are a healthy bunch today!



Juice for everyone!

Comment by Raine on 02/06/2008 15:05:39
Quote by shelaghc: I was workin' the crowd last night at a Dem primary party.



Spent the night handing out "Drinking Liberally" cards and talking up progressive talk radio for Pittsburgh.



I think I got a *lot* of people's attention.



Woohoo!
Sounds like a great evening! I knew you would meet people, I just knew you would! :hug:



Comment by livingonli on 02/06/2008 15:07:18
Quote by Raine: OK, so let me get this straight, TriSec has either Obama or Giants Fever, Faye is overtired, Mala is a tad ill (I think she has super insert whaterver you want here fever, and Liv has a post primary mingraine.



Wow we are a healthy bunch today!



Juice for everyone!


Pass me the Orange Juice please.

Comment by wickedpam on 02/06/2008 15:09:49
Quote by Raine: OK, so let me get this straight, TriSec has either Obama or Giants Fever, Faye is overtired, Mala is a tad ill (I think she has super insert whaterver you want here fever, and Liv has a post primary mingraine.



Wow we are a healthy bunch today!



Juice for everyone!




Just a cold - I'm fighting it off with Zicam and postive thinking. Thanks for the Juice though :D



yum - cranberry!



Comment by Raine on 02/06/2008 15:10:10
Good Source of delagate information.



I also want to say that it is HUGE that by almost 2-1 dems voted over republicans. That is HUGE.

Comment by wickedpam on 02/06/2008 15:12:00
A bra that holds a 750ml bottle o'wine - that's a 375ml in each cup.

Comment by wickedpam on 02/06/2008 15:13:41
From DCRTV -



Rush Slammed For "Anal Poisoning" Rant - 2/6 - From the NY Daily News: Rush Limbaugh's potty mouth runneth over. Even some fellow conservatives think the cigar-chomping pundit has gone too far in his latest use of the phrase "anal poisoning." Limbaugh was ranting against Senator John McCain on his radio show this week when a caller asked whether he thought McCain would pick Senator Lindsey Graham as his running mate. Limbaugh doubted it, though he admitted: "I may be wrong... Lindsey Graham is certainly close enough to (McCain) to die of anal poisoning." Limbaugh, who is heard locally on WMAL, WCBM, and WFMD, has been critical of McCain, claiming he's not a true conservative.....



Comment by Raine on 02/06/2008 15:14:25
I just can't quit Momma... :P

Comment by Raine on 02/06/2008 15:15:32
Quote by wickedpam: From DCRTV -



Rush Slammed For "Anal Poisoning" Rant - 2/6 - From the NY Daily News: Rush Limbaugh's potty mouth runneth over. Even some fellow conservatives think the cigar-chomping pundit has gone too far in his latest use of the phrase "anal poisoning." Limbaugh was ranting against Senator John McCain on his radio show this week when a caller asked whether he thought McCain would pick Senator Lindsey Graham as his running mate. Limbaugh doubted it, though he admitted: "I may be wrong... Lindsey Graham is certainly close enough to (McCain) to die of anal poisoning." Limbaugh, who is heard locally on WMAL, WCBM, and WFMD, has been critical of McCain, claiming he's not a true conservative.....

HOLY SHITE!



That is horrible!



Comment by m-hadley on 02/06/2008 15:16:56
I sent that Booze Bra story to Steph under the subject line "Steph here is the perfect undergarment for you."

Comment by m-hadley on 02/06/2008 15:18:08
Quote by Raine: I just can't quit Momma... :P


I'm with you Raine, I am a true StephHead ;)



Comment by livingonli on 02/06/2008 15:19:07
Quote by Raine:
Quote by wickedpam: From DCRTV -



Rush Slammed For "Anal Poisoning" Rant - 2/6 - From the NY Daily News: Rush Limbaugh's potty mouth runneth over. Even some fellow conservatives think the cigar-chomping pundit has gone too far in his latest use of the phrase "anal poisoning." Limbaugh was ranting against Senator John McCain on his radio show this week when a caller asked whether he thought McCain would pick Senator Lindsey Graham as his running mate. Limbaugh doubted it, though he admitted: "I may be wrong... Lindsey Graham is certainly close enough to (McCain) to die of anal poisoning." Limbaugh, who is heard locally on WMAL, WCBM, and WFMD, has been critical of McCain, claiming he's not a true conservative.....

HOLY SHITE!



That is horrible!



He won worst person in the world honors on Monday for that crack.

Comment by wickedpam on 02/06/2008 15:20:23
The man is pure class - which you can't spell without ASS!

Comment by Raine on 02/06/2008 15:20:34
IF candidates were Dogs: John Edwards, Golden retriever....

If candidates were dogs: Rudolph Giuliani - French Bulldog

If candidates were dogs: Ron Paul - Welsh Corgi

:rofl:





you have to see it to believe it!! Alan Keyes is a standard poodle!!!

Fred was a bulldog...

Comment by Raine on 02/06/2008 15:21:31
Quote by m-hadley: I sent that Booze Bra story to Steph under the subject line "Steph here is the perfect undergarment for you."
you truly are a rock star!



Comment by m-hadley on 02/06/2008 15:23:46
Quote by Raine: Good Source of delagate information.



I also want to say that it is HUGE that by almost 2-1 dems voted over republicans. That is HUGE.




Even here in redneck Okie-land, the Dems showed up at the polls (375,000 vs. 300,000). Although this is how the Tulsa World reported it - "An Oklahoma primary record 675,000 voters made it to the polls on a cool, wet day. More than 300,000 Republicans cast ballots, shattering the GOP record of 264,542 set in 1996, when a controversial state question boosted interest in the primary." It's all about the rethuglicans here in OK



Comment by Raine on 02/06/2008 15:24:30
Hillary is a labradoodle, and BArack is a great Dane... Those pictures are priceless!!

Comment by m-hadley on 02/06/2008 15:25:41
Quote by Raine:
Quote by m-hadley: I sent that Booze Bra story to Steph under the subject line "Steph here is the perfect undergarment for you."
you truly are a rock star!





Comment by livingonli on 02/06/2008 15:27:06
Quote by Raine: IF candidates were Dogs: John Edwards, Golden retriever....

If candidates were dogs: Rudolph Giuliani - French Bulldog

If candidates were dogs: Ron Paul - Welsh Corgi

:rofl:





you have to see it to believe it!! Alan Keyes is a standard poodle!!!

Fred was a bulldog...


Link not working for me.

Comment by Raine on 02/06/2008 15:28:56
:rofl: Poor

Comment by Raine on 02/06/2008 15:30:08
Quote by livingonli:
Quote by Raine: IF candidates were Dogs: John Edwards, Golden retriever....

If candidates were dogs: Rudolph Giuliani - French Bulldog

If candidates were dogs: Ron Paul - Welsh Corgi

:rofl:





you have to see it to believe it!! Alan Keyes is a standard poodle!!!

Fred was a bulldog...


Link not working for me.


try this ... It the complete list of candidates.

Comment by livingonli on 02/06/2008 15:30:08
Party at Ground Zero!

Comment by BobR on 02/06/2008 15:30:20
Morning, folks... :coffee:

Comment by Raine on 02/06/2008 15:31:35
WE are under a tornado watch until 2 pm here in Atlanta...



I am a northerner, these make me a little nervous.

Comment by livingonli on 02/06/2008 15:36:15
Morning BobR.

Comment by shelaghc on 02/06/2008 15:36:32
Quote by Raine:
Quote by livingonli:
Quote by Raine: IF candidates were Dogs: John Edwards, Golden retriever....

If candidates were dogs: Rudolph Giuliani - French Bulldog

If candidates were dogs: Ron Paul - Welsh Corgi

:rofl:





you have to see it to believe it!! Alan Keyes is a standard poodle!!!

Fred was a bulldog...


Link not working for me.


try this ... It the complete list of candidates.




That's an insult to that beautiful French Bulldog!





Comment by wickedpam on 02/06/2008 15:38:37
Quote by Raine: WE are under a tornado watch until 2 pm here in Atlanta...



I am a northerner, these make me a little nervous.






I don't like them either. When we lived in Illinois there was a very small one that hit our neighborhood, only touched down in our neighbors back yard - only thing damaged was the swing set thankfully.



Keep watch on the sky - if it goes green and you hear a train get to the lowest point of the house or if you can't get to an inner room without a window - the bathroom works the best.



Comment by BobR on 02/06/2008 15:41:01
I had the right-wing talk radio on for my morning drive this morning (they have the best weather/traffic coverage), and Neal Boortz was reporting that the Massad says Iran will have a nuclear weapon in 3 years.



He then said "which presidential candidate would be the one you want in office when that happens?"....



FEAR FEAR FEAR FEAR FEAR FEAR FEAR FEAR FEAR FEAR



He said McCain, and then said he voted for Huckabee.





Comment by shelaghc on 02/06/2008 15:41:29
I've discovered one of the most annoying things about getting a job after several months out of work.



When I'm home, I can eat anytime I want. So now, I'm hooooooongry!

Comment by wickedpam on 02/06/2008 15:41:40
As Thom has pointed out Hill sat onthe board on Walmart back when Sam Walton ws running the place - back when they still bought American.

Comment by Raine on 02/06/2008 15:41:48
Hillary was on the board tho, in small defense... When SAM was still alive and Wal MArt still prided itself with the "MADE IN THE USA" label.



It isn't much, but still.

Comment by wickedpam on 02/06/2008 15:42:56
Blog Mind Meld!

Comment by Raine on 02/06/2008 15:43:19
Quote by wickedpam: As Thom has pointed out Hill sat onthe board on Walmart back when Sam Walton ws running the place - back when they still bought American.


:beer:

Comment by shelaghc on 02/06/2008 15:43:41
omigod!



Shut the Huck up?!!!!!!





Comment by Raine on 02/06/2008 15:46:32
it is nearly impossible to get thru to the show these days... busy busy busy. I wanted to call to tell them this information about Hillary and Walmart.