The Kaput primitive is foaming at the mouth tonight
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2834280kpete (1000+ posts) Fri Feb-08-08 09:42 AM
Original message
George W. Bush has admitted to the criminal act that is the basis of the impeachment.
Advertisements [?]Edited on Fri Feb-08-08 09:51 AM by kpete
Now that George Bush and Michael Hayden have publicly confessed to government waterboarding in a press conference on February 6, 2008, and in testimony before Congress on February 5, 2008, you may find the following information useful:
The law review article referenced below (available at no cost at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.p... )
makes clear that waterboarding is torture and is a crime and a war crime punishable under a number of treaties to which the United States is a party and several U.S. statutes.
The article also explains that there is no defense available due to either (1) prior legal advice, or (2) circumstances (including, without limitation, terrorist acts – see citations in Footnotes 21 and 25 in the article), contrary to the claims of Bush and Hayden.
The law review article (see pages 359 to 374) also establishes that under a number of treaties to which the United States is a party, the U.S. has an obligation to initiate an official investigation regarding confessed acts of torture. For example, the 1984 U.N. Convention Against Torture, (1465 UNTS 85), Article 12 reads as follows:
“Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.†(NOTE: The article also explains why “territory under its jurisdiction†includes GITMO and all DOD and CIA secret detention sites for the United States.)
The following case, among others, has held that waterboarding is torture:
In re Estate of Ferdinand E. Marcos Human Rights Litigation, 910 F. Supp. 1460, 1463 (District of Hawaii, 1995)
Waterboarding is torture regardless of the surrounding circumstances – there is no circumstantial or necessity defense to torture claims.
It is time for the appointment of a special prosecutor – General Mukasey must recuse himself because of his refusal to publicly state that waterboarding is criminal torture. As explained in the law review article and elsewhere, the following individuals played primary roles in the authorization of waterboarding and should be immediately identified as the primary subjects of the investigation:
George W. Bush
Richard “Dick†Cheney
John Ashcroft
Alberto Gonzales
Donald Rumsfeld
George J. Tenet
John E. McLaughlin
Porter Goss
David Addington
Jay S. Bybee
John Yoo
Jack Goldsmith
General Ricardo Sanchez
General Geoffrey Miller
General Janis Karpinski
Bush/Cheney Pardon Calendar
Under the circumstances – a public confession of criminal acts by George W. Bush — you should expect that immediately after the November elections George W. Bush will pardon all of the people listed above, then resign. At that point, Richard “Dick†Cheney would become President, and you should expect that in that capacity Cheney will immediately pardon George W. Bush.
Immediate Appointment of Special Prosecutor
As a result of the expected pardons, a special prosecutor should be appointed immediately
Commencement of Impeachment Proceedings
As a result of the expected pardons, on the day after the November elections, the House of Representatives should impeach George W. Bush and Richard “Dick†Cheney for high crimes — torture — violating the following statutes, among others:
18 USC 3231
18 USC Sections 2340-2340A
18 USC 2441
Please note the strategic importance of simply presenting the impeachment to members of the House with no hearings and an immediate vote on the day after the November elections. There is no reason for hearings or delay, since George W. Bush has admitted the criminal act that is the basis of the impeachment.
International Crimes Not Subject to Pardon Power
It is worth pointing out that torture violations of the Law of War and international treaties are not subject to the Presidential pardon power. We will see these individuals on trial in the Hague for their publicly confessed war crimes.
http://headonradionetwork.com/blog/2008/02/05/cia-used-...
BDS at it's finest.................I have also noted something intresting. The bulk of the tinfoilers at DU have the same avatar......
burythehatchet (1000+ posts) Fri Feb-08-08 10:02 AM
Response to Original message
4. I've wondered whether it might be a good idea to impeach him just before he leaves office.
The day after election day is perfect.
Journalgrrl (60 posts) Fri Feb-08-08 06:12 PM
Response to Reply #4
26. While I agree Impeachment is a moral imperative....
...you know, Monkeyboy and crew could very well have a contingency plan that would create mass hysteria and implement martial law to keep him in office indefinately...
so, where'e the Revolt-planning party?
My pitchfork is all sharpened! My torches at the ready
MARCH on that White House!
tnlurker (269 posts) Fri Feb-08-08 07:25 PM
Response to Reply #4
33. I like this idea!
Then it would not be seen as political.
However, I really don't want to wait that long.
I say start today!
L. Coyote (1000+ posts) Fri Feb-08-08 10:13 AM
Response to Original message
6. Beware of wounded and cornered wild animals
"... torture violations of the Law of War and international treaties are not subject to the Presidential pardon"
This cabal is not going to give up the US Executive easily.
It is the only thing short of exile w/o extradition that keeps them free!
RuleOfNah (409 posts) Fri Feb-08-08 06:09 PM
Response to Reply #6
25. It reminds me of that scene with Jack and Tom.
"the defendant has rights" scene, when Jack speaks up and doesn't understand that a line has been crossed that the Judiciary can not ignore. Yeah, it reminds me of that scene, without the Military court, the Judge, the Prosecutor, the law, or the line.
George W. Bush
Richard “Dick†Cheney
John Ashcroft
Alberto Gonzales
Donald Rumsfeld
George J. Tenet
John E. McLaughlin
Porter Goss
David Addington
Jay S. Bybee
John Yoo
Jack Goldsmith
General Ricardo Sanchez
General Geoffrey Miller
General Janis Karpinski
It is nice to see Addington get some publicity. Hey, did they ever figure out how that fire happened?
elehhhhna (1000+ posts) Fri Feb-08-08 10:40 AM
Response to Original message
8. Add Pelosi to the list. She knew/knows all about it and is complicit.
By not prosecuting, she is an accomplice, imo.
librechik (1000+ posts) Fri Feb-08-08 10:53 AM
Response to Original message
9. yup--I said this yesterday--looks like they finally took the bait
but they'll still run out the clock. Adjudication will be set for the 12th of Never
stubtoe (728 posts) Fri Feb-08-08 12:04 PM
Response to Original message
12. The "Bush/Cheney Pardon Calendar" is terrifying.
"Under the circumstances – a public confession of criminal acts by George W. Bush — you should expect that immediately after the November elections George W. Bush will pardon all of the people listed above, then resign. At that point, Richard “Dick†Cheney would become President, and you should expect that in that capacity Cheney will immediately pardon George W. Bush."
This is a nightmare scenario. The only thing that gives me some hope is that * is too dumb and stubborn to resign.
crimsonblue (18 posts) Fri Feb-08-08 12:53 PM
Response to Reply #12
14. I don't think it is necessary to resign from office
I think it is entirely possible that Bush pardons himself, which is legal. The only way to prevent a blanket pardon would be to impeach dubya and cheney. The constitution states that the President can pardon except in cases of Impeachment. However, even Bush were impeached and removed from office, would he actively leave or would he stage a cout or whatever?
Freddie Stubbs (1000+ posts) Fri Feb-08-08 12:06 PM
Response to Original message
13. There is no way in hell Congress is going to impeach for this, as
Bush will spin it as being tough on terrorists. That plus the fact that the current Speaker of the House knew about it and did not object.
StopThePendulum (1000+ posts) Fri Feb-08-08 02:11 PM
Response to Original message
17. We need to impeach Cheney first
...or the both of them at the same time. If the House won't, they're either too scared or, more likely, too intimidated by threats on the lives of their families, to proceed with impeachment.
tekisui (1000+ posts) Fri Feb-08-08 02:17 PM
Response to Original message
18. Here it is! Thanks, knr.
The official War Criminal List. It was openly admitted. Yet, even today, Conyers' office told me "Pelosi says Impeachment is off the table. That makes it nearly impossible for us to get the bill through."
He said call Pelosi. Fat loota good that did. Wh does Pelosi refuse to do something about the War Criminal Administration
Disturbed (1000+ posts) Fri Feb-08-08 04:23 PM
Response to Reply #21
23. The Geneva Convention prohibits "Enhanced Interrogation".
Since the US has signed on to the Geneva Accords this is also a part of the
US Constitution. It follows that Busholini & his Regime have violated the
Geneva Convention Agreements, thus violated the US Constitution.
The Congress is obligated to Impeach under the statues of the US Constitution.
Failure to do so is a violation of their sworn Oath.
2 Much Tribulation (102 posts) Fri Feb-08-08 04:41 PM
Response to Original message
24. Int'l law against torture and inhuman treatment is binding even without a treaty nt
The stupid is strong with this one it is
ladywnch (347 posts) Fri Feb-08-08 06:24 PM
Response to Original message
27. send this to Pelosi, Reid, Wexler, Obama and Clinton
I'd be curious to hear/see what, if any, their responses would be.
This way they can't say they weren't aware of the laws.
BTW - I'm serious.
tavalon (1000+ posts) Fri Feb-08-08 06:29 PM
Response to Original message
28. You do realize that this isn't the first time the teflon monkey
has publically admitted to impeachable crimes, right? I'd love it if this were the thing that pushed it over, but having seen this episode way too many times, I can't get myself fired up anymore. I really don't think catching him killing a baby or raping a child on natiional TV would do it either. There is no one in power willing to tackle this administration for anything.
That's because no laws have been broken dumbass idjit
yurbud (1000+ posts) Fri Feb-08-08 06:43 PM
Response to Original message
29. notice they only confessed to doing it to "high value detainees"
Not the wholesale torture at Abu Ghraib, Gitmo, Baghram, and a couple of other places we don't know about.
To try him for only what he admitted could make him look heroic.
Wizard777 (1000+ posts) Fri Feb-08-08 07:08 PM
Response to Original message
31. I can hear them now. Sure you have a confession. But do you have proof?
They say stupid stuff like that all the time.
There was no confession of a crime dumbass idjit
SalmonChantedEvening (1000+ posts) Fri Feb-08-08 07:15 PM
Response to Original message
32. High Crime.
ITMFA
K&R for kpete! You are a DU Diamond.
paparush (1000+ posts) Fri Feb-08-08 07:53 PM
Response to Original message
34. We've tortured children (under the age of 18)
Bush Advisor Says President Has Legal Power to Torture Children
By Philip Watts
01/08/06 "revcom.us" -- -- John Yoo publicly argued there is no law that could prevent the President from ordering the torture of a child of a suspect in custody – including by crushing that child’s testicles.
This came out in response to a question in a December 1st debate in Chicago with Notre Dame professor and international human rights scholar Doug Cassel.
What is particularly chilling and revealing about this is that John Yoo was a key architect post-9/11 Bush Administration legal policy. As a deputy assistant to then-Attorney General John Ashcroft, John Yoo authored a number of legal memos arguing for unlimited presidential powers to order torture of captive suspects, and to declare war anytime, any where, and on anyone the President deemed a threat.
It has now come out Yoo also had a hand in providing legal reasoning for the President to conduct unauthorized wiretaps of U.S. citizens. Georgetown Law Professor David Cole wrote, "Few lawyers have had more influence on President Bush’s legal policies in the 'war on terror’ than John Yoo."
This part of the exchange during the debate with Doug Cassel, reveals the logic of Yoo’s theories, adopted by the Administration as bedrock principles, in the real world.
Cassel: If the President deems that he’s got to torture somebody, including by crushing the testicles of the person’s child, there is no law that can stop him?
Yoo: No treaty.
Cassel: Also no law by Congress. That is what you wrote in the August 2002 memo.
Yoo: I think it depends on why the President thinks he needs to do that.
http://www.informationclearinghouse.info/article11488.h...
****..........they're stupid poo flinging idjit primitives
Seabiscuit (1000+ posts) Fri Feb-08-08 08:43 PM
Response to Original message
37. So what happens to Dick Cheney?
Edited on Fri Feb-08-08 08:45 PM by Seabiscuit
Bush pardons everyone but himself and resigns. Then Cheney succeeds him and pardons Bush. Meanwhile, Cheney apppoints a Vice President who had nothing to do with the waterboarding admitted to. Cheney resigns and the VP becomes President and resigns. Everyone's off the hook forever.
So unless they're all impeached first, before anyone is prosecuted, they all get pardoned and get off scott free. No further prosecution is possible due to double jeopardy.
Therefore, at this point in time, it doesn't make sense to prosecute anyone. Wait until they're all out of office before initiating criminal prosecution.
Bush and Cheney should, of course, be IMMEDIATELY impeached for their admitted high crime of torture, but Nancy Pelosi and Harry Reid simply won't do it. Whether impeached or not, I think the best course would be to win the election, then have the new Democratic Attorney General prosecute every last one of them, convict and imprison every last one of them, then send them off to the Hague for their war crimes trials
.
It's like rinse, lather and repeat stupidity with their BDS
