tag:blogger.com,1999:blog-2000061249436912064.post373446233180772735..comments2023-10-28T05:14:28.496-05:00Comments on Just my little piece of the world: Military Commissions Act, Is there a Pardon in it?Annettehttp://www.blogger.com/profile/16344077085109588258noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-2000061249436912064.post-50009791994101999702009-05-31T08:09:44.291-05:002009-05-31T08:09:44.291-05:00If I knew about this at the time, I don't recall. ...If I knew about this at the time, I don't recall. There were so many outrages, though, it was hard to keep track of them all. I will ask my sister as you asked, Annette, but I'll hazard an uneducated guess that this will be a real murky area if it comes into play.Patriciahttps://www.blogger.com/profile/01044265862232128796noreply@blogger.comtag:blogger.com,1999:blog-2000061249436912064.post-30691433454619996952009-05-31T00:51:18.853-05:002009-05-31T00:51:18.853-05:00Actually, immunity is not a terrible thing. Follow...Actually, immunity is not a terrible thing. Follow my logic before you react.<br /><br />Whereas certain officials (ahem, Dick Cheney, ahem) may claim immunity under the act, they CAN be compelled to testify before a truth commission without being able to invoke their 5th Amendment rights. Furthermore, they can STILL be charged with perjury if they lie to a Congressional inquiry, just as some officials (ahem, Gonzales, ahem) can be charged with perjury if they've <I>already</I> lied to Congress.<br /><br />We need to pressure Congress for hearings. We need to pressure Washington for a truth commission. Because ultimately it doesn't matter if Dick and George spend one day in jail -- as long as the 'legacy' of their administration becomes a clinic on what NOT to do.Matt Osbornehttps://www.blogger.com/profile/00775385227870993490noreply@blogger.comtag:blogger.com,1999:blog-2000061249436912064.post-33664040199221191842009-05-31T00:02:14.213-05:002009-05-31T00:02:14.213-05:00Yeah, I think it is bogus, but I can't find where ...Yeah, I think it is bogus, but I can't find where anyone has addressed it directly. They have talked about other provisions in this bill, but not this amendment. That kinda bothers me. That's why I thought I would put this out there and see if anyone would at least make a stab at it.Annettehttps://www.blogger.com/profile/16344077085109588258noreply@blogger.comtag:blogger.com,1999:blog-2000061249436912064.post-43167527827472450182009-05-30T23:47:06.247-05:002009-05-30T23:47:06.247-05:00Firstly, thank you for staying on top of this Anne...Firstly, thank you for staying on top of this Annette.<br /><br />IANAL but I have already stated at BCAB, something similar to what D.K.R. has just said. I question the legality of a law that grant immunity for a criminal act that was a criminal act at the time it was committed. This law itself is probably in direct conflict with treaty obligations. This law does not prevent prosecution on international law grounds. I assume they thought the Europeans would be to pussyfied to push for prosecutions. I wouldn't count on that. Keep your eyes on Spain.<br /><br />I want to see what a law scholar like Turley or someone with more treaty and international law knowledge has to say about this. I agree with D.K.R. but I am no expert in this field.Silly Ratfaced Githttps://www.blogger.com/profile/11582194883157269549noreply@blogger.comtag:blogger.com,1999:blog-2000061249436912064.post-71504494115035203912009-05-30T17:12:15.516-05:002009-05-30T17:12:15.516-05:00It's a tough subject. I think for me the key ...It's a tough subject. I think for me the key is that we elected a first-rate President and DoJ to do their duty. If they seem to be taking their time, I am willing to grant that they may have reasons or other more pressing things right now. It is a pleasant surprise that Obama has attempted to tackle so much right out of the gate. I certainly don't think he wakes up every morning plotting how he can screw us or the world like I suspect his incompetent predecessor & vp did. If the electorate is dissatisfied, it will show in the mid-term elections.D.K. Raedhttps://www.blogger.com/profile/01451065603615752038noreply@blogger.comtag:blogger.com,1999:blog-2000061249436912064.post-88411515133392351612009-05-30T16:27:38.544-05:002009-05-30T16:27:38.544-05:00D.K., I hope you are correct.. Some have said that...D.K., I hope you are correct.. Some have said that the Geneva Convention overweighed the law here in the states.. but I just don't know. I am not smart enough to know.. There are certainly parts of this that have Turley and HRC up in the air about it. So, I guess time will tell..Annettehttps://www.blogger.com/profile/16344077085109588258noreply@blogger.comtag:blogger.com,1999:blog-2000061249436912064.post-55575663689925411572009-05-30T16:20:01.885-05:002009-05-30T16:20:01.885-05:00well annette, I will weigh in with my total layman...well annette, I will weigh in with my total layman's opinion ... it doesn't matter what the MCA says! Whether what Bush authorized constitutes a regular breach of Geneva torture rules or a grave breach doesn't matter! I say that because contained in the very MCA itself is the remedy for future prosecutions ... that is the apparent ability the MCA gave itself to grant RETROACTIVE immunity. See, once you grant that some act can be retroactive, the door is open for some future act to retroactively reverse that very act!<br /><br />Jonathan Turley is a lot smarter than me and he is saying that once the torture violations were publicized, it became encumbant on the Prez and/or the DoJ and/or Congress to investigate and prosecute. To not do so is a breach of their obligations for which they could be held accountable in some future investigation. <br /><br />It's a real tangled web, that's for sure! But I've always thought best way out of a maze is to cut a straight path. I think that applies here, too. Cut a legal path straight to the top!D.K. Raedhttps://www.blogger.com/profile/01451065603615752038noreply@blogger.com