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McCain Says Lawyers Should Not Be Prosecuted for bad Advice

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ThirdWorldJohn Donating Member (525 posts) Send PM | Profile | Ignore Sun Apr-26-09 05:15 PM
Original message
McCain Says Lawyers Should Not Be Prosecuted for bad Advice
Edited on Sun Apr-26-09 05:19 PM by ThirdWorldJohn
McCain says that the lawyers that wrote the torture memos should be given a pass because all they did was give really bad advice about the act of torture being legal after all. And one of these lawyers sits on a court that is one notch below the SCOTUS, Namely Bybee of the 9th Court of appeals. Nice to know that a lawyer that gives such bad advice is good enough to be named by Bush to sit on that high court, right. So Bush surely found nothing wrong with the advice. Bush must have thought it was good, sound advice that allowed him to torture.

That is really something to ponder, but also what is amazing is that the Bush Regime acted on that really bad advice as though it was a legitimate defense that they could use when it came out in the open. Yea they needed to be able to say that the enhanced interrogation techniques were not against US law so they could allow the CIA to go ahead - full speed. But even the CIA said that they would like a legal get out of jail card if they used the enhanced techniques. Got that? The CIA wanted assurrance that they were absolved from any legal liability in the matter.

http://www.dailykos.com/story/2009/4/17/721199/-The-Prosecution-Conundrum:-Torture-Detailed,-Nuremberg-Defense-RevivedBlanket-CIA-Immunity

So the CIA was assured and went on their merry torturing way because the Bush Regime assured all involved that it was all legal and above board. (Shudder at the Pun) So what was the need for rendition?
http://www.washingtonpost.com/wp-dyn/articles/A18709-2005Mar8.html

Why did the CIA feel the need for secret prisons?
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/01/AR2005110101644.html

And secret prison ships
http://www.commondreams.org/archive/2008/06/02/9360

Why the need to hide the Ghost Detainees from the Red Cross?
http://query.nytimes.com/gst/fullpage.html?res=9807E0DC1530F933A2575AC0A9629C8B63&sec=&spon=&pagewanted=all

WHy did the CIA order the video tapes of interrogations be destroyed? Even to a point of violating a court order?
http://www.outsidethebeltway.com/archives/cia_destroyed_supoenaed_torture_tapes_they_denied_existed/

And if it was so legal ,cause the lawyers said it was legal and Bush believed those lawyers, why does he refuse to answer questions?
*Warning, this video is of slimy individual of low intelligence trying to act presidential.*
http://www.youtube.com/watch?v=Mp4vLBvU1bA

Could the answer be because they knew they were breaking laws. All of them knew. Laws were not important to them at all.

Impeach Jay Bybee

http://www.slate.com/id/2216432/?from=rss




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kentuck Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:16 PM
Response to Original message
1. How ironic !
Repubs are now defending lawyers.
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:22 PM
Response to Original message
2. People should Not Be Prosecuted for following bad Advice from lawyers. n/t
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ThirdWorldJohn Donating Member (525 posts) Send PM | Profile | Ignore Sun Apr-26-09 05:28 PM
Response to Reply #2
5. True My Good Man - They Should be Prosecuted For Breaking Laws!
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:29 PM
Response to Reply #5
6. Exactly! n/t
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mike_c Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:23 PM
Response to Original message
3. I presume he feels the same way about North Vietnamese lawyers....
Doing otherwise would be hypocrisy. :rofl:
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tularetom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:27 PM
Response to Original message
4. Only if they knew in advance the advice was bad and lacked the cojones to say so
Then they should be prosecuted for violation of their hypocritic oath (or whatever it's called).
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ThirdWorldJohn Donating Member (525 posts) Send PM | Profile | Ignore Sun Apr-26-09 05:30 PM
Response to Reply #4
8. It is called Mal Practice can be addressed in court via a law suit
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CanonRay Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:30 PM
Response to Original message
7. So if a Mafia lawyer tells the boss it's ok to do a hit....
Just sayin' :banghead:
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kickysnana Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:37 PM
Response to Original message
9. It is illegal advice. n/t
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mbperrin Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:47 PM
Response to Reply #9
11. Is there a difference between bad advice and illegal advice from a lawyer?
They seem to be the same thing from where I sit.

After all, every time there's a trial, half the lawyers are proven wrong, so why would anybody be impressed with advice from a lawyer?
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Politicalboi Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:45 PM
Response to Original message
10. Who didn't know this was torture?
What a bunch of shit this is. It's a good thing they didn't have the detainees smoke pot then they would really be in trouble.
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ejpoeta Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 05:53 PM
Response to Original message
12. at the LEAST they should lose their law licenses. it's called MALPRACTICE!
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bemildred Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 06:03 PM
Response to Original message
13. McCain is full of shit. Being a lawyer does not give you a free pass. nt
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qazplm Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 06:21 PM
Response to Original message
14. quite frankly on this point he is right
1. If you give bad advice there are avenues to address that such as taking their bar license for unethical conduct

2. at the end of the day, the lawyers are not the decision makers, and it is the decision makers who broke the law and should be criminally punished
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ThirdWorldJohn Donating Member (525 posts) Send PM | Profile | Ignore Sun Apr-26-09 06:29 PM
Response to Reply #14
15. Yea - Or appoint them to Appellate courts like Bybee N/T
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ThirdWorldJohn Donating Member (525 posts) Send PM | Profile | Ignore Sun Apr-26-09 06:33 PM
Response to Reply #15
16. Here is the video link for McCain
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x303687

Notice near the end when he says that our enemies will abide by the Geneva Convention if they kmow that they will be held accountable!!!!!!

I mean WTF?? Now that would really be throwing gas on the fire. I LOL at what Bush has reduced his party to.
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qazplm Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 06:40 PM
Response to Reply #15
18. your sarcasm is misplaced
I dont defend that appointment, I have in fact suggested that folks who advocated for torture should be disbarred.
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ThirdWorldJohn Donating Member (525 posts) Send PM | Profile | Ignore Sun Apr-26-09 07:12 PM
Response to Reply #18
21. Sorry _ I was trrying to show that McCain had no prob with the appointment N/T
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bemildred Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 06:42 PM
Response to Reply #14
19. If a lawyer advises a crime, he is culpable for that advice. Eh? nt
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qazplm Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 06:54 PM
Response to Reply #19
20. yes through disbarrment or fines generally
in this case, the lawyer was not advising a crime, they were however giving bad legal advice on what was and was not a crime.

Advising a crime basically is saying encouraging, aiding and abetting, that is not what this was.
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bemildred Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 07:17 PM
Response to Reply #20
22. Torture is a crime. nt
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ThirdWorldJohn Donating Member (525 posts) Send PM | Profile | Ignore Sun Apr-26-09 06:35 PM
Response to Original message
17. Here is the McCain Video
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x303687

Notice near the end when he says that our enemies will abide by the Geneva Convention if they kmow that they will be held accountable!!!!!!

I mean WTF?? Now that would really be throwing gas on the fire. I LOL at what Bush has reduced his party to.
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-26-09 07:48 PM
Response to Original message
23. The Second Bybee Memo: A Smoking Gun ( Jordan Paust | University of Houston Law Center)
The recently disclosed second August 1, 2002 Bybee memo provides further evidence of serial criminality that was authorized by an inner circle of Bush advisers and knowingly facilitated by memo writers in the Department of Justice ... http://jurist.law.pitt.edu/forumy/2009/04/second-bybee-memo-smoking-gun.php
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