Indeed, in this short essay, I will argue that this increasingly fervent insistence on criminal punishment of the Bush lawyers for their legal advice is both wrong-headed and dangerous.
THE EXTREMELY WEAK CASE FOR PROSECUTING THE BUSH LAWYERS
What is surprising is the willingness of many scholars to entertain, or advocate for, criminal prosecution of the Bush lawyers.
11) There is no evidence that the Bush lawyers in any way participated in the alleged interrogations, so there can be no question of actually punishing them directly under the statute or international treaties prohibiting torture.
law nor the ICC Statute would permit criminal punishment of the Bush lawyers as accomplices in committing torture.
Therefore, in order to be held liable for aiding and abetting the torture under federal law, the Bush lawyers must have intended, through their legal advice, to purposefully bring about "severe physical or mental pain" as defined in the statute.
In other words, under the view of the Bush lawyers, none of the techniques they approved qualified as "severe physical or mental pain" within the meaning of the anti-torture statute.
AT THE AMERICAN Constitution Society's annual convention in June, Noel Francisco, a former Bush lawyer
in the Office of Legal Counsel, appeared on a panel alongside several longtime critics of Bush policy who had recently been hired by the Obama administration.
diplomatic credibility on human rights and likely ground the six Bush lawyers
in the United States, for fear of arrest overseas.
The closing of a million acres of the Lewis and Clark National Forest to oil and gas leasing because of claims by some American Indians that it is "sacred" suggests yet another broad issue area on which the Bush Administration's commitment to energy development, science-based forestry practices, and multiple use has not been heard in the positions Bush lawyers
have taken in federal court.
Nov 11: Bush lawyers
file a federal suit to block the hand count of votes in the four counties.
In addition, Zelnick looks into perhaps the biggest legal blunder of the case -- the failure of Gore superstar lawyer David Boies to begin counting the Dade County ballots himself once they were admitted into evidence, something the Bush lawyers
fully expected him to do.
On the other side, human rights advocates argued that Obama should not have assured the CIA that officers who conducted interrogations would not be prosecuted if they used methods authorized by Bush lawyers
in the memos.
objected, saying that if any ballots are manually counted, the vote of the entire state should be included.
say the rerun violates the 14th Amendment, which guarantees equal protection under law, because only certain counties are involved.