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Torture Is Impeachable and Has Been Confessed to


From Head On Radio Network

Now that George Bush and Michael Hayden have publicly confessed to government waterboarding in a press conference on February 6, 2008, and in testimony before Congress on February 5, 2008, you may find the following information useful:

The law review article referenced below (available at no cost at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.pdf ) makes clear that waterboarding is torture and is a crime and a war crime punishable under a number of treaties to which the United States is a party and several U.S. statutes.

The article also explains that there is no defense available due to either (1) prior legal advice, or (2) circumstances (including, without limitation, terrorist acts – see citations in Footnotes 21 and 25 in the article), contrary to the claims of Bush and Hayden.

The law review article (see pages 359 to 374) also establishes that under a number of treaties to which the United States is a party, the U.S. has an obligation to initiate an official investigation regarding confessed acts of torture. For example, the 1984 U.N. Convention Against Torture, (1465 UNTS 85), Article 12 reads as follows:

“Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.” (NOTE: The article also explains why “territory under its jurisdiction” includes GITMO and all DOD and CIA secret detention sites for the United States.)

The following case, among others, has held that waterboarding is torture:

In re Estate of Ferdinand E. Marcos Human Rights Litigation, 910 F. Supp. 1460, 1463 (District of Hawaii, 1995)

Waterboarding is torture regardless of the surrounding circumstances – there is no circumstantial or necessity defense to torture claims.

It is time for the appointment of a special prosecutor – General Mukasey must recuse himself because of his refusal to publicly state that waterboarding is criminal torture. As explained in the law review article and elsewhere, the following individuals played primary roles in the authorization of waterboarding and should be immediately identified as the primary subjects of the investigation:

George W. Bush
Richard “Dick” Cheney
John Ashcroft
Alberto Gonzales
Donald Rumsfeld
George J. Tenet
John E. McLaughlin
Porter Goss
David Addington
Jay S. Bybee
John Yoo
Jack Goldsmith
General Ricardo Sanchez
General Geoffrey Miller
General Janis Karpinski

Bush/Cheney Pardon Calendar

Under the circumstances – a public confession of criminal acts by George W. Bush — you should expect that immediately after the November elections George W. Bush will pardon all of the people listed above, then resign. At that point, Richard “Dick” Cheney would become President, and you should expect that in that capacity Cheney will immediately pardon George W. Bush.

Immediate Appointment of Special Prosecutor

As a result of the expected pardons, a special prosecutor should be appointed immediately

Commencement of Impeachment Proceedings

As a result of the expected pardons, on the day after the November elections, the House of Representatives should impeach George W. Bush and Richard “Dick” Cheney for high crimes — torture — violating the following statutes, among others:

18 USC 3231
18 USC Sections 2340-2340A
18 USC 2441

Please note the strategic importance of simply presenting the impeachment to members of the House with no hearings and an immediate vote on the day after the November elections. There is no reason for hearings or delay, since George W. Bush has admitted the criminal act that is the basis of the impeachment.

International Crimes Not Subject to Pardon Power

It is worth pointing out that torture violations of the Law of War and international treaties are not subject to the Presidential pardon power. We will see these individuals on trial in the Hague for their publicly confessed war crimes.

“Above the Law: Unlawful Executive Authorizations Regarding Detainee Treatment, Secret Renditions, Domestic Spying and Claims to Unchecked Executive Power,” Jordan J. Paust, Utah Law Review, 2007, Number 2, Pages 345 to 419

Article available free at: http://www.law.utah.edu/_webfiles/ULRarticles/150/150.pdf

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this 'confession' has come at a time when this bush bastard has consolidated fully his power to the degree that every single branch of the U.S. government, as we once knew it, has become 'co-opted' and fully
'destroyed' as a branch of anything that is based on TRUTH or JUSTICE or RIGHTS FOR WE THE PEOPLE.

that's why this son of a bitch is so bold now. He knows that he has nothing to fear, as the MARTIAL LAW DECLARATION draws nearer.

I'll be surprised if we aren't a full blown POLICE STATE by JULY 4th., just in time to DESTROY THE NATION before IT'S BIRTHDAY!!!

How many crimes does this Administration have to break before, they are even investigated???

Bill Clinton over a lie about an affair...Bush/Cheney:

Thousands of lives lost.
Thousands of lives destroyed by useless, fake wars.
OUting a CIA agent.
Spying on American public without warrants.
KATRINA
911

yes, solid point.

Impeachment vs. Outsourcing the VP

and so we as a nation collectively and individually are asking ourselves how then could the governmnet proceed right in the face of massive illegality.

the new attorney general when present in congressional hearings, though defensive and guarded, had an air of legaility about him as if though it was somehow by the book, but utterly shocking to the american public at large.

which arises the major legal questions:

has outsourcing as a policy been transformed to mean something else entirely.

what is in question, which is of national importance, is if the Department of Homeland Security is in fact an outsourced operation and not part of the department of defense and or the executive branch.

you'll remember that the vice president himself stated on the record that his office (sic and unforgiveable) is (sic) not part of the executive branch of government.

the government, nay the White House, has changed the chairs on the main deck of the good ship USA.

Now, if Dept. of Homeland Security is like Blackwater, an outsourced operation, it might in fact follow the legal precendence (David Swanson that word again, the P word) of the institution of the Federal Reserve which is in fact not a part of the Federal Government nor the Department of the Treasury.

The question for america is this, since the Nixon era, has political forces in this nation contrived to outsource whatever was expedient to get their hands on and therefore the difficulty of impeachment is that the parties have manuevered around the US constitution in a momentous LEGAL manner. Legal until the light of day that is.

not only that: have they outsourced the Vice President of the USA

you will have noticed in the news that private corporations have been incorporated most recently in the FBI. They have been granted liscence to kill.

What we have as a result is this: departments at large within the seeming framework of Washington D.C. which are as a whole in fact outside the Government of the USA.

Furthermore as years go by, is the American Public in fact accounting for which face is the actual government department or to which face is the Corporate outsourced non government outlet.

these are the questions of liberty

in other words: has shadow government outsourced services, hired them and authorized them by the federal government, then gave the newcomer the functionary responsibilities and RETIRED THE FEDERAL DEPARTMENT of its own responsibilities.

Advantage: actions not part of federal government nor accountable to the US Constitution nor to the American People. Somebody get Karl Rove into a Congressional Hearing PRONTO EXPEDIENT BY FEDERAL ORDER.

It is recommended that each state of the union to account for every department it lists in its accounting to its own Governor. Determination should be made and notarized that all said departments are in fact legal branches of state government.

Impeachment is a notable patriotic american imperative.

The US founding fathers it seems have been outsourced.

And no one seemed to have noticed this.

UNTIL NOW

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