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New DOJ Memos: How to Deny Prisoners Their Rights

This is pretty amazing. The Department of Justice wrote several memos to Pentagon officials advising them how to avoid being charged with war crimes while denying prisoners their rights.

A series of Justice Department memorandums written in late 2001 and the first few months of 2002 were crucial in building a legal framework for United States officials to avoid complying with international laws and treaties on handling prisoners, lawyers and former officials say.

The confidential memorandums, several of which were written or co-written by John C. Yoo, a University of California law professor who was serving in the department, provided arguments to keep United States officials from being charged with war crimes for the way prisoners were detained and interrogated. They were endorsed by top lawyers in the White House, the Pentagon and the vice president's office but drew dissents from the State Department.

The memorandums .....suggested how officials could inoculate themselves from liability by claiming that abused prisoners were in some other nation's custody.

And don't miss this editorial in the June 8 issue of The Nation, Orders to Torture (subscription required):

"The Abu Ghraib prison scandal now implicates the highest levels of the Bush Administration in violating federal law and in war crimes....(White House counsel) Gonzales was urging--and the President adopted as policy--an end run around federal laws. The War Crimes Act, passed by Congress in 1996, allows criminal prosecution of Americans for actions that violate the rights granted prisoners and civilians by the Geneva Conventions...Thus the scandal is not what George W. Bush referred to as the 'failures of character' of a few soldiers at Abu Ghraib. The scandal is that the Whie House wanted to torture prisoners and get away with it."

The Nation editors go on to argue that Bush has violated the high crimes and misdemeanor clause of the Constitution and should be impeached. Of course, that's unlikely this election year, so they suggest we voters act instead:

The evidence emerging from Abu Ghraib reveals high crimes and misdemeanors in the precise sense of the Constitution's impeachment clause. In an election year and with the GOP controlling Congress, that course is foreclosed, for now. But two years of willful subversion of law and human rights, which began in the Oval Office and led to Abu Ghraib, demands far more vigorous investigation than the queasy Congressional inquiries thus far conducted, as well as criminal prosecutions independent of this Attorney General. Such subversion demands, too, that Americans, bewildered and demoralized by the scenes from Abu Ghraib and the failed Iraq war, recover their sense of outrage--and exercise that outrage in the street and in the voting booth.

< 37 Prisoner Deaths Now Under Investigation | New Documents: Guards Abused Prisoners for Amusement and Punishment >
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