George W. Bush has admitted to the criminal act that is the basis of the impeachment.

[kpete]

Now that George Bush and Michael Hayden have publicly confessed to government waterboarding in a press conference on February 6, 2008, and in testimony before Congress on February 5, 2008, you may find the following information useful:

The law review article referenced below (available at no cost at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.pdf )
makes clear that waterboarding is torture and is a crime and a war crime punishable under a number of treaties to which the United States is a party and several U.S. statutes.

The article also explains that there is no defense available due to either (1) prior legal advice, or (2) circumstances (including, without limitation, terrorist acts – see citations in Footnotes 21 and 25 in the article), contrary to the claims of Bush and Hayden.

The law review article (see pages 359 to 374) also establishes that under a number of treaties to which the United States is a party, the U.S. has an obligation to initiate an official investigation regarding confessed acts of torture. For example, the 1984 U.N. Convention Against Torture, (1465 UNTS 85), Article 12 reads as follows:

“Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” (NOTE: The article also explains why “territory under its jurisdiction” includes GITMO and all DOD and CIA secret detention sites for the United States.)

The following case, among others, has held that waterboarding is torture:

In re Estate of Ferdinand E. Marcos Human Rights Litigation, 910 F. Supp. 1460, 1463 (District of Hawaii, 1995)

Waterboarding is torture regardless of the surrounding circumstances – there is no circumstantial or necessity defense to torture claims.

It is time for the appointment of a special prosecutor – General Mukasey must recuse himself because of his refusal to publicly state that waterboarding is criminal torture. As explained in the law review article and elsewhere, the following individuals played primary roles in the authorization of waterboarding and should be immediately identified as the primary subjects of the investigation:

George W. Bush
Richard “Dick” Cheney
John Ashcroft
Alberto Gonzales
Donald Rumsfeld
George J. Tenet
John E. McLaughlin
Porter Goss
David Addington
Jay S. Bybee
John Yoo
Jack Goldsmith
General Ricardo Sanchez
General Geoffrey Miller
General Janis Karpinski

Bush/Cheney Pardon Calendar

Under the circumstances – a public confession of criminal acts by George W. Bush — you should expect that immediately after the November elections George W. Bush will pardon all of the people listed above, then resign. At that point, Richard “Dick” Cheney would become President, and you should expect that in that capacity Cheney will immediately pardon George W. Bush.

Immediate Appointment of Special Prosecutor

As a result of the expected pardons, a special prosecutor should be appointed immediately

Commencement of Impeachment Proceedings

As a result of the expected pardons, on the day after the November elections, the House of Representatives should impeach George W. Bush and Richard “Dick” Cheney for high crimes — torture — violating the following statutes, among others:

18 USC 3231
18 USC Sections 2340-2340A
18 USC 2441

Please note the strategic importance of simply presenting the impeachment to members of the House with no hearings and an immediate vote on the day after the November elections. There is no reason for hearings or delay, since George W. Bush has admitted the criminal act that is the basis of the impeachment.

International Crimes Not Subject to Pardon Power

It is worth pointing out that torture violations of the Law of War and international treaties are not subject to the Presidential pardon power. We will see these individuals on trial in the Hague for their publicly confessed war crimes.

http://headonradionetwork.com/blog/2008/02/05/cia-used-waterboarding-on-three-suspects/#comment-7694

[UTUSN]

1. K&R #4 n/t

[DemoTex]

2. K&R

:kick:

[Tyler Durden]

3. This should be nailed to the top of the home page.

[burythehatchet]

4. I've wondered whether it might be a good idea to impeach him just before he leaves office.

The day after election day is perfect.

[FirstLight]

26. While I agree Impeachment is a moral imperative....

...you know, Monkeyboy and crew could very well have a contingency plan that would create mass hysteria and implement martial law to keep him in office indefinately...


so, where'e the Revolt-planning party? :toast:

My pitchfork is all sharpened! My torches at the ready
MARCH on that White House!

[RaleighNCDUer]

48. With my tinfoil tightly in place

I wonder how the Iranians would react if a large object came plunging out of the sky in early March, smashing into downtown Tehran - seeing an attack, they retaliate against our ships in the gulf, after which we bomb them into oblivion, launching a new phase to the war. Under threat of terrorist retaliation, elections are canceled, and...

That satelite has to land SOMEWHERE, why not there? And March is the ideal time to launch a war in the ME.

Gawd, what these people have done to my head...

[tnlurker]

33. I like this idea!

Then it would not be seen as political.


However, I really don't want to wait that long.
I say start today!

[bluesmail]

5. K & R

[L. Coyote]

6. Beware of wounded and cornered wild animals

"... torture violations of the Law of War and international treaties are not subject to the Presidential pardon"

This cabal is not going to give up the US Executive easily.
It is the only thing short of exile w/o extradition that keeps them free!

[RuleOfNah]

25. It reminds me of that scene with Jack and Tom.

"the defendant has rights" scene, when Jack speaks up and doesn't understand that a line has been crossed that the Judiciary can not ignore. Yeah, it reminds me of that scene, without the Military court, the Judge, the Prosecutor, the law, or the line.

George W. Bush
Richard “Dick” Cheney
John Ashcroft
Alberto Gonzales
Donald Rumsfeld
George J. Tenet
John E. McLaughlin
Porter Goss
David Addington
Jay S. Bybee
John Yoo
Jack Goldsmith
General Ricardo Sanchez
General Geoffrey Miller
General Janis Karpinski

It is nice to see Addington get some publicity. Hey, did they ever figure out how that fire happened?

[jimshoes]

7. KandR

:dem:

[elehhhhna]

8. Add Pelosi to the list. She knew/knows all about it and is complicit.

By not prosecuting, she is an accomplice, imo.

[Usrename]

53. I don't have a problem with that at all. It works for me.

In that Marcos/Phillipines case mentioned in the OP, the sanctions were levied against: "The defendant Estate, and its agents, representatives, aiders and abettors..."

[Echo In Light]

61. Indicative that it will never happen

[librechik]

9. yup--I said this yesterday--looks like they finally took the bait

but they'll still run out the clock. Adjudication will be set for the 12th of Never.

[indepat]

10. Let the proceeding begin

[ladjf]

11. Bush seems to be insulated from prosecution.

[stubtoe]

12. The "Bush/Cheney Pardon Calendar" is terrifying.

"Under the circumstances – a public confession of criminal acts by George W. Bush — you should expect that immediately after the November elections George W. Bush will pardon all of the people listed above, then resign. At that point, Richard “Dick” Cheney would become President, and you should expect that in that capacity Cheney will immediately pardon George W. Bush."

This is a nightmare scenario. The only thing that gives me some hope is that * is too dumb and stubborn to resign.

[crimsonblue]

14. I don't think it is necessary to resign from office

I think it is entirely possible that Bush pardons himself, which is legal. The only way to prevent a blanket pardon would be to impeach dubya and cheney. The constitution states that the President can pardon except in cases of Impeachment. However, even Bush were impeached and removed from office, would he actively leave or would he stage a cout or whatever?

[Freddie Stubbs]

13. There is no way in hell Congress is going to impeach for this, as

Bush will spin it as being tough on terrorists. That plus the fact that the current Speaker of the House knew about it and did not object.

[Vinca]

15. It's like hamsters on a wheel. Never goes anywhere. nt

[Beartracks]

54. Hamster wheel: LOL

http://www.cafepress.com/tulsatees/3305486

[doc03]

16. It's not a criminal act

if the President does it. :sarcasm:

[meow2u3]

17. We need to impeach Cheney first

...or the both of them at the same time. If the House won't, they're either too scared or, more likely, too intimidated by threats on the lives of their families, to proceed with impeachment.

[tekisui]

18. Here it is! Thanks, knr.

The official War Criminal List. It was openly admitted. Yet, even today, Conyers' office told me "Pelosi says Impeachment is off the table. That makes it nearly impossible for us to get the bill through."

He said call Pelosi. Fat loota good that did. Wh does Pelosi refuse to do something about the War Criminal Administration?

[Enthusiast]

22. Pelosi is a drunk. nt

[DeadElephant_ORG]

19. Impeachment - HELL. I'm waiting to see him JAILED for war crimes!

[NightWatcher]

20. but Roger Clemens and the Patriots........Investigate. Impeach. Off to The Hague

[earth mom]

21. K & R! nt

[Disturbed]

23. The Geneva Convention prohibits "Enhanced Interrogation".

Since the US has signed on to the Geneva Accords this is also a part of the
US Constitution. It follows that Busholini & his Regime have violated the
Geneva Convention Agreements, thus violated the US Constitution.
The Congress is obligated to Impeach under the statues of the US Constitution.
Failure to do so is a violation of their sworn Oath.

[2 Much Tribulation]

24. Int'l law against torture and inhuman treatment is binding even without a treaty nt

[ladywnch]

27. send this to Pelosi, Reid, Wexler, Obama and Clinton

I'd be curious to hear/see what, if any, their responses would be.

This way they can't say they weren't aware of the laws.

BTW - I'm serious.

[tavalon]

28. You do realize that this isn't the first time the teflon monkey

has publically admitted to impeachable crimes, right? I'd love it if this were the thing that pushed it over, but having seen this episode way too many times, I can't get myself fired up anymore. I really don't think catching him killing a baby or raping a child on natiional TV would do it either. There is no one in power willing to tackle this administration for anything.

[Tresalisa]

47. I realized that,

and when I saw the title of this thread I looked up at the top of the screen for the date to see if I'd accessed an archived page somehow.

It would be great if impeachment was in the works, but I don't think it will happen.

[yurbud]

29. notice they only confessed to doing it to "high value detainees"

Not the wholesale torture at Abu Ghraib, Gitmo, Baghram, and a couple of other places we don't know about.

To try him for only what he admitted could make him look heroic.

[frog92969]

30. K&R

Hang the monkey.

[Wizard777]

31. I can hear them now. Sure you have a confession. But do you have proof?

They say stupid stuff like that all the time.

[SalmonChantedEvening]

32. High Crime.

ITMFA

K&R for kpete! You are a DU Diamond. :hug:

[paparush]

34. We've tortured children (under the age of 18)

Bush Advisor Says President Has Legal Power to Torture Children

By Philip Watts

01/08/06 "revcom.us" -- -- John Yoo publicly argued there is no law that could prevent the President from ordering the torture of a child of a suspect in custody – including by crushing that child’s testicles.

This came out in response to a question in a December 1st debate in Chicago with Notre Dame professor and international human rights scholar Doug Cassel.

What is particularly chilling and revealing about this is that John Yoo was a key architect post-9/11 Bush Administration legal policy. As a deputy assistant to then-Attorney General John Ashcroft, John Yoo authored a number of legal memos arguing for unlimited presidential powers to order torture of captive suspects, and to declare war anytime, any where, and on anyone the President deemed a threat.

It has now come out Yoo also had a hand in providing legal reasoning for the President to conduct unauthorized wiretaps of U.S. citizens. Georgetown Law Professor David Cole wrote, "Few lawyers have had more influence on President Bush’s legal policies in the 'war on terror’ than John Yoo."

This part of the exchange during the debate with Doug Cassel, reveals the logic of Yoo’s theories, adopted by the Administration as bedrock principles, in the real world.

Cassel: If the President deems that he’s got to torture somebody, including by crushing the testicles of the person’s child, there is no law that can stop him?
Yoo: No treaty.
Cassel: Also no law by Congress. That is what you wrote in the August 2002 memo.
Yoo: I think it depends on why the President thinks he needs to do that.
http://www.informationclearinghouse.info/article11488.htm

[Kazak]

67. Holy mother-of-...

These people disgust me!

:mad:

[Kazak]

68. So, Pelosi stalls while

They pull the ultimate double triple cross on the American people. Slime!

[Norrin Radd]

35. kr

[barbtries]

36. it makes me so sick

to know that nothing will be done. there better be justice on the other side for these motherfuckers. just has to be justice somehow.

[Seabiscuit]

37. So what happens to Dick Cheney?

Bush pardons everyone but himself and resigns. Then Cheney succeeds him and pardons Bush. Meanwhile, Cheney apppoints a Vice President who had nothing to do with the waterboarding admitted to. Cheney resigns and the VP becomes President and resigns. Everyone's off the hook forever.

So unless they're all impeached first, before anyone is prosecuted, they all get pardoned and get off scott free. No further prosecution is possible due to double jeopardy.

Therefore, at this point in time, it doesn't make sense to prosecute anyone. Wait until they're all out of office before initiating criminal prosecution.

Bush and Cheney should, of course, be IMMEDIATELY impeached for their admitted high crime of torture, but Nancy Pelosi and Harry Reid simply won't do it. Whether impeached or not, I think the best course would be to win the election, then have the new Democratic Attorney General prosecute every last one of them, convict and imprison every last one of them, then send them off to the Hague for their war crimes trials.

[Swamp Rat]

38. Let the War Crimes Trials begin!

[AikidoSoul]

39. This post I can recommend

all the rest are fluff and tar

Thanks KPETE!

[Torn_Scorned_Ignored]

40. kpete, thank you

[Divine Discontent]

41. Impeachment is ON the table, it's just being ignored by Ms. Pelosi

like a burnt cake.

The dude needs impeached. Stand up and fight DEM leaders.

[iam]

42. Pardon?

The pardons have already occurred. Dick has been pardoned or will be pardoned before the end of this admin. Dick pardoned bush after getting executive powers when bush was getting his colonoscopy (or whatever it was) a while back.
It's a done deal

[Robeson]

43. I love your work, kpete, but it's off the table. Both sides have been....

...in collusion since 9/11.

[mikelewis]

44. Impeachment is off the table.

[bobthedrummer]

45. k&r#92

[ejbr]

46. Whatever, Nancy Pelosi's a traitor bitch who won't do shit....n/t

[orleans]

49. is there a link to the press conference you refer to at the top of the op? n/t

[bobthedrummer]

50. "In Contravention of Conventional Wisdom: CIA 'no touch' torture"

(active cross posted thread started 1-24-2008)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x333974

[bobthedrummer]

52. "CIA Detainee Torture, Memory Loss, and the Bush Administration's Falsification of History"

(archived leveymg thread started 12-13-2007)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2462592

[wildbilln864]

51. k&r! n/t

[Indi Guy]

55. K & Friggin' Arrrrrrrrrrrrrrrrr!!!...

These war criminals need to be held accountable today! -- NOWi!!!

The sooner we prosecute our leadership for violating the Constitution (the law of our land), the sooner we will regain the respect of the world.

The sooner we regain the respect of the world -- the sooner we will be less at risk.

America used to be respected world-wide for it's Constitution (and forgiven for some of the ugly Americans we exported).

Unfortunately for all, ugly Americans like Cheney, Bush, Wolfy, cRummy, Bennett (to name a very few) have conspired with global moguls to usurp the power of the people.

True democracy is threatened worldwide, while true democracy is threatened in the country of its inception.

The

[lostnfound]

56. There is probably nothing I'd rather see them impeached for. nt

[Indi Guy]

57. Jail time for war criminals...

...nothing less.

[lostnfound]

58. Impeachment for torture, jail time for Iraq.

The first to restore a shred of honor to the reputation, self-respect and sanity of the United States.
The second as retributory justice for the people in Iraq.

[Indi Guy]

60. the RW doesn't get that this is not about retribution...

...it's about accountability.

Those in power who violate our law (Constitution) are the most needy of accountability.

[lostnfound]

66. Retribution on behalf of the dead, orphaned and homeless Iraqis

would be appropriate.

Usually not big on retribution but with an entire country reduced to rubble and decimated by bombs and bullets because of greed or lust for power -- it's the least the US electorate can do to say we are sorry.

[caseycoon]

59. K&R Thanks for posting this kpete! n/t

[307 MMS]

62. Thanks

Great post but frustrating. Anyone that tries to push this will end up with anthrax or get "Wellstoned". So Bob Wexler, et al best be careful. These people stop at nothing when challenged...NOTHING. I'd rather have la Cosa Nostra running the country than these traitorous bastards. Congress has no spine so...we're all pretty much screwed. Never thought I'd live to see this destruction be so complete with no serious response. Very sad.:mad:

[Broadslidin]

63. Just how Ugly will the U.S.A. become, without its own domestic crude oil reserve?

As Dick 'n George proclaim purity
with Nancy's blessing,
At some point during the 21st Century,

our infantile Imperial Empire
will be weaned off of the
Communist Chinese Central Bank Benevolent Fund nipple.

[Herman74]

64. EVERYTHING has a tendency to just slide off Nancy P.'s table,...

...a table slick with greasy indifference.

The Busheviks knew they were committing a crime. That's why the torture tapes were destroyed, and that's why Mukasey was appointed. And it looks like they'll get away with it.

[pberq]

65. It's up to us, the people of this country

Congress is unwilling to act

[Blarch]

69. Sure they admitted.

But the problem lies with the public.

Many DUers have repub friends and family, These DUers continue to treat these traitors with respect ...they continue to treat these people as equals.

Imagine if this view was taken before the Civil War ? .."Maybe we should show them more respect" ...Where would we be today ?

We now know that the people still standing by the republican party are evil traitors that support torture, murder, war and the destruction of our constitution.

You cannot respect the constitution, and at the same time show respect for the people shredding the constitution, and still call yourself a principled person.

They have compromised their core beliefs and principles. This is where the Democrats have failed their nation. The Bush administration is no longer our biggest problem...it is the American people and their elected offcials who refuse to do anything about the abuse.

[bobthedrummer]

70. kick