Post 968

by billso on Thursday, 10 June 2004

USA: Cook­ing Up Excuses With the Pen­ta­gon — How to tor­ture alleged ter­ror­ists and get away with it. By Phillip Carter: “How­ever, no amount of caveat­ing can save the lat­est Defense Depart­ment mem­o­ran­dum on the legal­ity of tor­ture (first reported by the Wall Street Jour­nal) from being con­strued as what it is: a cook­book on how to con­duct ille­gal tor­ture and get away with it. The memo dis­cusses ways to deprive fed­eral courts of juris­dic­tion over Guan­tanamo Bay, lays out ways for gov­ern­ment employ­ees to avoid cul­pa­bil­ity under fed­eral law, and explains why the pres­i­dent can uni­lat­er­ally nul­lify the fed­eral war-crimes statute, among other things. In case that’s not enough, it also rec­om­mends that spooks and inter­roga­tors get writ­ten orders from the pres­i­dent, so they can offer a Nuremburg-style ‘supe­rior orders’ defense if prosecuted. ”

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