The Case for Prosecutions-By Scott Horton

[kpete]

The Case for Prosecutions

By Scott Horton

In an interview on NPR’s “Fresh Air,” British international law scholar Philippe Sands reviews the prospects for war crimes prosecutions of leading figures of the Bush Administration. Most likely to face indictment in his view: Cheney chief of staff David Addington, former Attorney General Alberto Gonzales, Defense Department General Counsel (and now Chevron lawyer) Jim Haynes, and torture memorandum author and University of California law professor John Yoo. Download the interview here.
http://www.npr.org/templates/story/story.php?storyId=99061358

On NPR’s “On Point,” I debate the case for a war crimes prosecution of Bush and Cheney with National Review legal affairs writer Andrew McCarthy, and Washington Monthly’s Charles Homans makes the case for a truth commission. Download that program here.
http://www.onpointradio.org/shows/2009/01/truth-and-prosecution/

http://harpers.org/archive/2009/01/hbc-90004152

[mod mom]

1. I heard this interview yesterday while picking up the kids from school. Worth listening to.

I plan to re-listen as I missed some of it. I was left that what Mr Sands says is not only are we morally required to investigate, but we are legally required to investigate and we don't do it, other countries will.

[mod mom]

2. Addington ("leader of the pack), Haynes, Rumsfeld, Gonzo, Yoo, Feith, Wolfie at serious risk.

Great loss of authority, great loss of global leadership, and recognition that these techniques do not work.

Investigation first, prior to prosecution-you don't just start a war crimes trial.

If it came to prosecution what law? International crime that attracts universal jurisdiction. Any jurisdiction around the world (154 around the world) could excise criminal charges.

If US does nothing, other countries will investigate.

Preemptive pardon? Keep an eye out for. Deeply regrettable-if used will likely result in other countries will.

Criminal investigation going on in the UK over a detainee over allegations of torture, required since the UK had some connection to the crime.

An example is the prosecution of Pinochet. A series of prosecutors around the world worked together. There are extradition agreements that can work against those who are under scrutiny.

Strong public attention given to issues of accountability to torture can be useful to focusing attention on the acts of torture.

A big reason this must be addressed is HUBRIS and the thought that these individuals believe what they did was the right thing. As you go up the chain of command the hubris is more evident. Complete lack of responsibility of what happened.

Obama's appointments leave him with a sense that this will be corrected.