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The U.S. Is Required To Bring George W Bush & Donald Rumsfeld Before A Court!

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"It takes a lot to avoid a very simple truism," Turley argued. "That, if true, these would be crimes and we prosecute crimes. We call people criminals who commit them. It is very easy to say. All you need is the principals and the courage to say it."

Turley said that he had "very little sympathy for the people that committed this torture. I've heard President Obama say we don't want talented people at the CIA looking over their shoulders. Well those talented people in this circumstance would be torturers."

"But in reality nobody thinks that they're going to be prosecuted," Turley continued. "They have something called the estoppel defense where they can say that they were told by people like John Yoo and others that what they did was legal. That does not protect the president and the vice president, and they're the ones and the people just below them who deserve to be investigated and they must be prosecuted if they've committed war crimes or we will shred four treaties and at least four statutes."

[Turley has more background about the estoppel arguments at his blog.]

"And the problem here is it wouldn't make Obama an apologist it would make him an accessory," Turley argued. "He would be preventing the investigation of war crimes. How could he go from that and say that he's all about the rule of law?"

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"The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."

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“An individual must be involved at the policy-making level to be culpable for a crime against peace ... the ordinary foot soldier is not expected to make his or her own personal assessment as to the legality of a conflict. Similarly, such an individual cannot be held criminally responsible for fighting in support of an illegal war, assuming that his or her personal war-time conduct is otherwise proper.”

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"The office of White House counsel is studying those issues and will advise us when we have a recommendation," Gibbs said.

Last edited on Wed Jan 28th, 2009 11:17 am by Joe Kelley