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Bush didn't break U.S. law re: torture

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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:40 AM
Original message
Bush didn't break U.S. law re: torture
of course not. U.S. law only applies to 1. U.S. citizens, and 2. acts that take place on U.S. soil, for which Abu Ghraib and GitMo do not qualify.

Bush was asked, "If you knew a person was in U.S. custody and had specific information about an imminent terrorist attack that could kill hundreds or even thousands of Americans, would you authorize the use of any means necessary to get that information and to save those lives?"

"What I've authorized is that we stay within U.S. law," he responded.

/snip
<http://www.cnn.com/2004/ALLPOLITICS/06/10/bush.torture/index.html>

Well first of all he didn't answer the question, and second of all, I recall that we "unsigned" our participation in war crimes treaties before we ever started this. Third, where is this so-called "authorization"? Fourth, if I were to read an objectionable memo placed in front of me, I would record my objections for posterity. Where are your objections to the memo Mr. President? Why can't you give a direct answer to any of these questions?
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bemildred Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:43 AM
Response to Original message
1. International treaties ARE US law. nt
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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:43 AM
Response to Original message
2. Well first you have to comprehend what you read...
"Where are your objections to the memo Mr. President? Why can't you give a direct answer to any of these questions?"
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:46 AM
Response to Original message
3. Well, since Bush isn't an attorney
He's not qualified to determine what is and isn't "within U.S. law." He depends on the Justice Department and his staff attorneys for legal opinions. And we know that those lawyers were doing their damnedest to pretzelize U.S. law and our obligations under treaty to justify and rationalize torture.

The non-denial denial mouthed by Stupidhead needs to be followed up. And the best way to do that would be by counsel independent of the Executive.
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stopbush Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:53 AM
Response to Reply #3
4. Who needs to be an attorney when you're god incarnate? n/t
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Spazito Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:55 AM
Response to Original message
5. According to US Code, Title 18, Section 2441...
US law was broken. Here is the link:

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1070+0++%28War%20Crimes%20Act%29%20%20AND%20%28%2818%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%20w%2F10%20%282441%29%29%3ACITE%20%20%20%20%20%20%20%20%20

Re the "authorization", here is some interesting reading on Presidential Findings and the President's responsibility to report to Congress:

(a) Presidential findings
The President may not authorize the conduct of a covert action by
departments, agencies, or entities of the United States Government
unless the President determines such an action is necessary to
support identifiable foreign policy objectives of the United States
and is important to the national security of the United States,
which determination shall be set forth in a finding that shall meet
each of the following conditions:
(1) Each finding shall be in writing, unless immediate action
by the United States is required and time does not permit the
preparation of a written finding, in which case a written record
of the President's decision shall be contemporaneously made and
shall be reduced to a written finding as soon as possible but in
no event more than 48 hours after the decision is made.
(2) Except as permitted by paragraph (1), a finding may not
authorize or sanction a covert action, or any aspect of any such
action, which already has occurred.
(3) Each finding shall specify each department, agency, or
entity of the United States Government authorized to fund or
otherwise participate in any significant way in such action. Any
employee, contractor, or contract agent of a department, agency,
or entity of the United States Government other than the Central
Intelligence Agency directed to participate in any way in a
covert action shall be subject either to the policies and
regulations of the Central Intelligence Agency, or to written
policies or regulations adopted by such department, agency, or
entity, to govern such participation.
(4) Each finding shall specify whether it is contemplated that
any third party which is not an element of, or a contractor or
contract agent of, the United States Government, or is not
otherwise subject to United States Government policies and
regulations, will be used to fund or otherwise participate in any
significant way in the covert action concerned, or be used to
undertake the covert action concerned on behalf of the United
States.
(5) A finding may not authorize any action that would violate
the Constitution or any statute of the United States.
more

Link:

http://caselaw.lp.findlaw.com/casecode/uscodes/50/chapters/15/subchapters/iii/sections/section_413b.html

Now, bush said he "authorized" that "we stay within US law", wouldn't his "authorization" qualify as a Presidential Finding/Executive Order? Seems to me it would which would mean that Order/Finding was to have been reported to Congress. Was it?
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troublemaker Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:57 AM
Response to Original message
6. Simply untrue
re: "U.S. law only applies to 1. U.S. citizens, and 2. acts that take place on U.S. soil"

I guess that's why non-citizen drug-traffickers operate with impunity here, I guess.

And if you hijack a US plane while it's over the Atlantic you're home free!

Please... Neither of these statements is even vaguely true.
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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 10:10 AM
Response to Reply #6
7. SORRY forgot the /sarcasm
troublemaker
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