Guild: Bush Should Be Tried For Role In Torture

[seemslikeadream]

Monday, 21 June 2004, 10:25 am
Press Release: US National Lawyers Guild


National Lawyers Guild Calls For Prosecution Of President Bush For Role In Torture
2003 State of the Union Address Contained Implicit Admission


New York, June 18, 2004--The National Lawyers Guild calls for the prosecution of President George W. Bush with a "command responsibility" theory of liability under the War Crimes Act. Bush can be prosecuted under the War Crimes Act or the Torture Statute, if he knew or should have known about the U.S. military's use of torture and failed to stop or prevent it. A comment in the President's January 2003 State of the Union Address contained an implicit admission by Bush that he had sanctioned the summary execution of many when he said: "All told, more than 3,000 suspected terrorists have been arrested in many countries, and many others have met a different fate." "Let's put it this way," he continued, "they are no longer a problem for the United States and our friends and allies."


The Defense Department and the Justice Department each commissioned documents attempting to justify the use of torture under the President's war-making power, notwithstanding the Constitution's clear mandate that only Congress can make the laws. The Defense Department memo said that as commander-in-chief, the President has a "constitutionally superior position" to Congress. This blatant disregard for the tripartite Separation of Powers doctrine is also contrary to the landmark ruling in the Korean War case, Youngstown Sheet & Tire Co. v. Sawyers, in which the Supreme Court held, "In the framework of our Constitution, the President's power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker."


The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was ratified by the United States and is thus part of the supreme law of the land. Congress implemented U.S. obligations under this treaty by enacting the Torture Statute, which provides 20 years, life in prison, or even the death penalty if death results from torture committed by a U.S. citizen abroad. The USA PATRIOT Act added the crime of conspiracy to commit torture to the Torture Statute. The Convention Against Torture prohibits the intentional infliction of severe physical or mental pain or suffering on a person to (a) obtain a confession, (b) punish him or (c) intimidate or coerce him based on discrimination of any kind. To violate this treaty, the pain or suffering must be inflicted "by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."


The Istanbul Protocol of 9 August 1999 is the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It sets forth international guidelines for the United Nations High Commission for Human Rights. Included in the Protocol's list of torture methods are rape, blunt trauma, forced positioning, asphyxiation, crush injuries, humiliations, death threats, forced engagement in practices violative of religion, and threat of attacks by dogs. The photographs and reports from prisoners in Abu Ghraib include all of these techniques. Moreover, the Defense Department analysis maintained that a torturer could get off it he acted in "good faith," not thinking his actions would result in severe mental harm. If the torturer based his conduct on the advice of these memos, he could according to this argument, have acted in good faith

more
http://www.scoop.co.nz/mason/stories/WO0406/S00217.htm

[seemslikeadream]

1. they are no longer a problem

"Let's put it this way," he continued, "they are no longer a problem for the United States and our friends and allies."

[dweller]

3. that will be a sweet day,

for us to be able to say that about the *moron, come Nov.04...

dp

[aquart]

4. Yes, that bothered me at the time.

George thought we would enjoy knowing that he was going around the world disappearing people.

George is wrong about most things.

[mom cat]

9. Who would Jesus torture? or disappear? or rejoice in their demise?

Inquiring Christians want to know.

[Swamp Rat]

8. Bush is guilty according to Bush

It appears that he implicated himself with that statement.

I agree with Al Gore on this one: it gave me chills down my spine when I heard him say that. My first thought was, "this is how despots talk."

Indeed, as Sen. Robert C. Byrd has said time and time again, the emperor has no clothes.

[JoFerret]

11. That was a truly vile and smug

admission of culpability. May it hang him (metaphorically speaking.)

[burythehatchet]

2. Where is The Hague anyway

in the Netherlands, no? ;)

[seemslikeadream]

5. Send them to the Hague!

[burythehatchet]

7. What a great piece of work!! n/t

[T Bone]

6. That statement in the SOTU was stupid to say, sounded mocking and

condescending.

It reminded me of his mocking tone when he discussed his denial of clemency from the death penalty for that Tucker woman in Texas when he was governor.

When he made that statement in that SOTU address: " "All told, more than 3,000 suspected terrorists have been arrested in many countries, and many others have met a different fate." "Let's put it this way," he continued, "they are no longer a problem for the United States and our friends and allies." I actually sat there and thought that it was incredibly STUPID for him to say it at that time because at a later time, and situation it could be taken as admission of summary execution of a POW, which will always be a war crime in the eyes of the civilized world, regardless of who perpetrates it. Not that HE will ever be called to account, but if he ever is, this is absolutely damning to have on the record.

Does the Iraq war resolution state ANYWHERE that this is ok for him to do? I doubt it.

[struggle4progress]

10. kick for jailing the thief

:kick:

[Just Me]

12. The whole BFEE neocon cabal should be tried for war crimes.

That would be justice.