It's inappropriate for ANY President to determine what does or does not get prosecuted.

[Phoebe Loosinhouse]

When issues are too highly charged or politicized, a Special Prosecutor gets appointed. That is all.

[tosh]

1. This is my belief. nt.

[KayLaw]

2. Agreed.

Btw, do you guys think it's too late to "question" the person most likely to blame for 9/11 (Cheney)?

[babylonsister]

3. Maybe that hasn't happened, at least if you ask Sen. Feingold:

http://politics.theatlantic.com/2009/04/russ_feingolds_reaction.php

Russ Feingold's Reaction

From the office of Sen. Russ Feingold, a suggestion that the administration is open to future prosecution. Do know that Feingold and other key members of Congress have been formally briefed on this, so he presumably is not thinking wishfully here:

"The president has stated that it is not his administration's intention to prosecute those who acted reasonably and relied in good faith upon legal advice from the Department of Justice. As I understand it, his decision does not mean that anyone who engaged in activities that the Department had not approved, those who gave improper legal advice or those who authorized the program could not be prosecuted. The details made public in these memos paint a horrifying picture and reveal how the Bush administration's lawyers and top officials were complicit in torture. The so-called enhanced interrogation program was a violation of our core principles as a nation and those responsible should be held accountable."

Related/ongoing thread:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8349135
See Feingold gets it. People aren't actually listening to what Obama and Holder said

[EFerrari]

4. Yes, it is. Unfortunately, this is government we have. n/t

[BobRossi]

5. Bingo!

Not one American citizen is above the law.

[HughMoran]

6. Yes, why do people think the President can decide who is prosecuted?

It's not his choice, or it shouldn't be.

[Canuckistanian]

7. Ford circumvented the whole procedure by issuing a pardon

And thus created Rumsfeld and Cheney.

They learned their lessons well back in the 70s. If you're high enough in the pecking order, you've got nothing to worry about.

This kind of mindset has got to stop somewhere.

[Phoebe Loosinhouse]

8. Yes, a pardon is something a President CAN do.

But, I believe that it is not possible to pardon War Crimes. Someone, please correct me if I am wrong.

[Thothmes]

9. A sitting President can pardon any crime that is

covered by Federal Statute. The Constitution does not set any limits or segregate any block of crimes as beyond Presidential pardoning authority.

[FrenchieCat]

10. This is what the President can do....

Article II, Section 2.
The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.


He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.


The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
http://www.law.cornell.edu/constitution/constitution.articleii.html#section2