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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.

Torture, pre-emptive pardons, and DoJ lawyers

by: Jay Stevens

Thu Jul 24, 2008 at 19:19:35 PM MST


The latest in torture news:

The Justice Department in 2002 told the CIA that its interrogators would be safe from prosecution for violations of anti-torture laws if they believed `in good faith' that harsh techniques used to break the will of prisoners, including waterboarding, would not cause "prolonged mental harm."

Our possible pre-emptive pardons?

As the TPM report notes, this means that administration officials knew they were crossing a legal line, even as DoJers were penning the infamous Torture Memo. Of course, the very existence of the Torture Memo belies that -- why else would you need to write it, if you didn't think torture was illegal? Heck, the Nation's Stephen Gillers posited that the very shoddiness of the legal work found in the Torture Memo shows that its authors "knew what the President wanted and delivered: torture is OK if you call it something else."

You do know that lawyers can be prosecuted for writing opinions in which they give legal justification for actions they know to be illegal, right?

Jay Stevens :: Torture, pre-emptive pardons, and DoJ lawyers
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Precedent (0.00 / 0)
I seem to remember that a SCOTUS decision several years ago that held that a tax payer was still liable for tax penalty's even if they were acting upon advice from an Internal Revenue. If the advice was wrong it was the responsibility of the taxpayer to correct it.

Would this not be a precedent that if people act upon faulty advice that liability for a criminal act is still with the criminal.


I don't find... (0.00 / 0)
...it incompatible. Prosecute 'em all.

[ Parent ]
also... (0.00 / 0)
...didn't the DoJ recently say it wouldn't prosecute US agents for following DoJ legal briefs? I guess accountability only works if we're talking taxes.

[ Parent ]
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