Why is Bush suddenly pushing to get Spying and Detention bills through?

[kohodog]

All of a sudden he wants bills passed prior to the end of the session that will justify his actions retroactively over the past five years. I wonder if he is afraid that is the Dems take control of the House or Senate that he and others in his administration could charged with breaking many laws. I haven't read the actual bills, but I've read that the NSA spying bill would nullify the fact that by going around FISA he broke the law numerous times. The secret CIA prisons ann torture techniques also might leave him open to prosecution.

Georgie wants to cover his ass in case the Dems suddenly have the power to subpoena and investigate.

The whole lot of them would look great in orange jumpsuits.

[Richard D]

1. On the stand . . .

. . . at the Hague as war criminals.

That's what they are trying to avoid.

[originalpckelly]

2. Part of it is politics, and I worry part of it is something else.

They want to put these insane proposals (some of them really are that bad) out there, ones which Democrats cannot vote for. When the Democrats don't vote for the proposals, then they will use that in their recent effort to call us traitors once again.

On the other hand, they may have a more sinister agenda, one which we have only yet begun to understand.

[endarkenment]

3. They want to force Democrats to vote for terrorists.

Everything from now to november is for the election.

[marmar]

4. Shows that they know how guilty they are...

These bastards (and bastardettes) belong in the Hague.

[HereSince1628]

5. For sure, George is trying to protect himself...

but there is some question as to whether he can opt out of international agreements on human rights. They were written with the understanding that tyrants would indee try to absolve themselves.

[kohodog]

10. He'd have to leave the US to be picked up.

And I doubt he'll travel once he's out of office. But it does seem to me that this is a bit more than election politics. Even some consertive republicans aren't putting up with this crap. (Warner, Grahan and McCain aren't exactly moderates.

[HereSince1628]

12. Or have a Democratic administration

willing to turn his ass over to the Hague. :evilgrin:

[DeadManInc]

6. They know their goose is cooked come November.

[malaise]

7. Because the end is nigh

and like all cowards he's terrified that 'justice is coming'.

[rodeodance]

8. so he can say he is "Tuff on Terrorists"---the repug montra

[Rosco T.]

9. Cause he knows come Jan'07 he'll never get another bill of any type thru..

[kohodog]

11. Come January maybe he'll go on vacation for two years.

...and be tried in absentia.

[stopbush]

13. Two words: The Hague

[SeattleVet]

14. Can they make something legal, retroactively?

I don't think that they can make something illegal that had been legal, then charge you with breaking the law before it was passed. What about the opposite? Could they write a bill that would make all of the illegal actions he took suddenly legal, and automatically wipe the slate for anything that he did while his actions were still against the law? (Ignoring the statute of limitations for a moment) Would that be akin charging someone with possession of illegal alcohol during Phohibition, but only arresting and charging them after it had already been repealed. In other words, it was illegal when they did it, but it isn't now.

Or is this a grey area?

[Nikki Stone 1]

15. Good question

..

[RC]

16. Ex post facto law

http://en.wikipedia.org/wiki/Ex_post_facto

Conversely, an ex post facto law may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with life-long imprisonment) retroactively.

<SNIP>

Generally speaking, ex post facto laws are seen as a violation of the rule of law as it applies in a free and democratic society. Most common law jurisdictions do not permit retroactive legislation, though some have suggested that judge-made 'law' is retroactive as a new precedent applies to events that occurred prior to the judicial decision.

<SNIP>

* United States - Prohibited by Article I section 9 (applying to federal law) and section 10 (applying to state law) of the U.S. Constitution. Over the years, when deciding ex post facto cases, the United States Supreme Court has referred repeatedly to its ruling in the Calder v. Bull case of 1798, in which Justice Chase established four categories of unconstitutional ex post facto laws. A current U.S. law that definitely has an ex post facto effect is the Adam Walsh Child Protection and Safety Act of 2006. This law, which imposes new registration requirements on convicted sex offenders, gives the U.S. Attorney General the authority to apply the law retroactively. <1> However, the U.S. Supreme Court has already ruled in Smith v. Doe (2003) that forcing sex offenders to register their whereabouts at regular intervels, and the posting of personal information about them on the Internet, does not violate the constitutional prohibition against ex post facto laws, because compulsory registration of offenders who completed their sentences before new laws requiring compliance went into effect does not constitute a punishment. <2>
o See also Fourteenth Amendment, Bouie v. City of Columbia, Rogers v. Tennessee

[kohodog]

17. The reality in this upside down world...

is that there probably wouldn't be the political will to prosecute Bush or others for breaking a law that has been replaced and makes what he did legal. I think at least, that that is true for FISA and the NSA spying. Torture and secret prisons may not be in the same category and if a whistleblower were to shed light on what has been going on (with proof) it might be different with a new administration in power.

[Rex]

18. He wants to be the ruler, not the president.

Anyone can be declared a 'spy' and whisked away to be tortured and sentenced without a lawyer or even ever seeing his/her judge. National security, of course.

[librechik]

19. cuz the Dems might get power

and it's his last chance to escape impeachment and prison.