We need a special prosecutor for the Bush administration’s war crimes.

See the incredibly incriminating excerpts from the recently released torture memos (h/t Michael Froomkin). This is way beyond “legal advice,” and while the model of lawyer as “just an adviser” who isn’t culpable for the acts he evaluates has some traction (after all, giving lawyers this kind of freedom is potentially a useful way to have a counselor who can tell people “no, don’t you even think of doing this shit”), it only has some traction to the extent lawyers give legal (and moral) advice in good faith. Those memos, and particularly the evidence of the awareness that the U.S. criticizes other countries on moral and legal ground for the same practices, indicates that the Bush administration lawyers were absolutely not acting in good faith.


2 Responses to “We need a special prosecutor for the Bush administration’s war crimes.”

  1. Mike Says:

    I love the one that seems to say, “This shit is probably illegal. But since you won’t get prosecuted, don’t sweat it.” Mother fuckers!

  2. Uncommon Priors » Brief notes on the legal grounds for Bybee’s impeachment Says:

    [...] conflict not of an international character” occupy the whole logical space, and c) see previous remarks.), but even if they’re not, there’s more than enough to send it to the [...]

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