On Jan 19, 2009, at 9:46 AM, Kevin Callahan wrote: > Published on Sunday, January 18, 2009 by Salon.comBinding US Law > Requires Prosecutions for Those Who Authorize Torture > by Glenn Greenwald > > http://www.commondreams.org/view/2009/01/18-5
This whole argument relies on Greenwald's assertion that "shall ... submit the case to its competent authorities for the purpose of prosecution" means the same as "shall prosecute." This is simply erroneous. When a case is 'submitted' to a prosecutor she gets to exercise her discretion as to whether to pursue it. I think there are arguments to be made that the Obama administration should pursue these cases but that is a different issue. Actually the best result might be for bush to issue a blanket pardon to himself and everyone else in his administration. That way Obama would get to start with a clean slate. The worst outcome would be for the world to be put through the trauma of a trial and acquittal of bigwigs like Cheney. Ad they did go through the exercise of getting opinions from their tame lawyers that their actions were legal. This might make it very hard to convict them. - God must have loved the people in power, for he made them so much like their own image of him. -Kenneth Patchen _______________________________________________ OSX-Nutters mailing list | [email protected] http://lists.tit-wank.com/mailman/listinfo/osx-nutters List hosted at http://cat5.org/
