Mukasey's Refusal To Investigate Torture War Crimes

Using Law To Justify Torture, Daphne Eviatar via Washington Independent:

For months now, Atty. Gen. Michael Mukasey has refused to investigate whether Bush administration officials committed war crimes by authorizing the torture of suspected terrorists. His reasoning? Any actions were authorized by the administration’s lawyers, and so cannot constitute a crime. As he wrote to Rep. John Conyers (D-Mich.), one of 56 House Democrats who last month called on Mukasey to appoint a special counsel: “It would be both unwise and unjust to expose to possible criminal penalties those who relied in good faith on ... prior Justice Department opinions.”
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But do the administration’s legal memos put the matter to rest? Does soliciting a set of self-serving opinions actually shield senior government officials from prosecution?

Probably not, according to many constitutional scholars and lawyers. Indeed, the Justice Dept. itself would never accept, on face value, any suspected criminal’s defense that he had been relying on advice of counsel. Rather, legal experts say, that advice must have been a reasonable interpretation of the law, based on a thorough knowledge of the facts, and provided before the suspect acted. So when it comes to policymakers authorizing torture, the administration’s defense appears to fail on all grounds.

Torture

We Were Warned

Look No Further Than The Driveway, America. Via NYT:

Over the last 25 years, opportunities to head off the current crisis were ignored, missed or deliberately blocked, according to analysts, politicians and veterans of the oil and automobile industries. What’s more, for all the surprise at just how high oil prices have climbed, and fears for the future, this is one crisis we were warned about. Ever since the oil shortages of the 1970s, one report after another has cautioned against America’s oil addiction.
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Nearly 70 percent of the 21 million barrels of oil the United States consumes every day goes for transportation, with the bulk of that burned by individual drivers, according to the National Commission on Energy Policy, a bipartisan research group that advises Congress.

Energy

Truth is Out on Torture

Milt Bearden, former career CIA, via The Washington Independent:

Throughout this ugly drama, U.S. leaders have assured the public that the extreme interrogation measures used on detainees have thwarted acts of terrorist and saved thousands of American lives. The trouble with such claims is that professionals who know something of interrogation or intelligence don’t believe them. This is not just because the old hands overwhelmingly believe that torture doesn’t work -- it doesn’t -- but also because they know that torture creates more terrorists and fosters more acts of terror than it could possibly neutralize.

The administration’s claims of having “saved thousands of Americans” can be dismissed out of hand because credible evidence has never been offered -- not even an authoritative leak of any major terrorist operation interdicted based on information gathered from these interrogations in the past seven years. All the public gets is repeated references to Jose Padilla, the Lakawanna Six, the Liberty Seven and the Library Tower operation in Los Angeles. If those slapstick episodes are the true character of the threat, then maybe we’ll be okay after all.

Torture

Heckuva Job

Via NYT:

After the Sept. 11 attacks, President Bush committed the nation to a “war on terrorism” and made the destruction of Mr. bin Laden’s network the top priority of his presidency. But it is increasingly clear that the Bush administration will leave office with Al Qaeda having successfully relocated its base from Afghanistan to Pakistan’s tribal areas, where it has rebuilt much of its ability to attack from the region and broadcast its messages to militants across the world.

Al Qaeda