Matthew Rothschild: Cheney War Crimes: Just Look at the Statute

[babylonsister]

http://www.commondreams.org/view/2009/03/25-8

Cheney War Crimes: Just Look at the Statute

by Matthew Rothschild


President Obama needs to tell Attorney General Eric Holder to indict Dick Cheney, right now, for war crimes.

Just look at the statute, Title 18 of the U.S. Criminal Code, Section 2441. It says that someone is guilty of a war crime if he or she commits a "grave breach of common Article 3" of the Geneva Conventions. And then it defines what a grave breach would be.

One such breach is torture, or the conspiracy to commit torture, which Cheney was clearly in on, as when he repeatedly defended waterboarding and talked about the need to go to the "dark side" Here's the language from the statute: "The act of a person who commits, or conspires to commit, an act specifically intended to inflict severe physical or mental pain or suffering . . . upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind."

Another grave breach is "cruel or inhuman treatment," or the conspiracy to inflict such treatment. Again, Cheney was supervising such treatment in the White House, which would qualify as committing this crime. One time, it got so ghoulish that Attorney General John Ashcroft asked the other principals, "Why are we talking about this in the White House? History will not judge this kindly."

snip//

For each of these offenses, Cheney could receive life in prison, according to the statute.

That is where he belongs.

And it's time for Obama to stop pussyfooting around. He should indict, arrest, and prosecute Cheney.

"There is no longer any doubt as to whether the current administration has committed war crimes," said Major General Antonio Taguba, USA (Ret.), in the preface to the Physicians for Human Rights report, "Broken Laws, Broken Lives". "The only question that remains to be answered is whether those who ordered the use of torture will be held to account."

That question is now firmly on Obama's desk.

And if he continues to dodge it, he'll make a sick joke of the pious claim that we are a nation of laws, not men.

[acmavm]

1. Ain't gonna happen. We have to 'move on' dontch know?

[MasonJar]

2. Why won't Obama act? Did they get info to blackmail him with illegal

wiretapping? Nothing else makes any sense. Going forward is not going to happen without correcting the past. These villains tried to turn the USA into a dictatorship. Obama fails us if he does not tell Holder to name a Special Prosecutor. That is all Obama has to do; then he can go on with his agenda. If he will not, then whatever else good he does is only a temporary fix. The next time neocons are in control, they will know they can do anything.

[glitch]

3. Not just Cheney. nt

[Usrename]

4. They should be hanged. The death penalty is in order here.

Title 18

§ 241. Conspiracy against rights


If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000241----000-.html

[winyanstaz]

5. If Obama does not at least investigate, then he too will own war crimes...

time is running out.
I hope he does appoint a special prosecutor because anything less will be a mockery of everything he said he stands for.
Dear Obama, please for the sake of America, do something soon to restore the rule of law for all.

[Mira]

6. I am unable to speak about it any more, but I can K&R.