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Ask Holder to Appoint a Special Prosecutor


Update: Congressman Robert Wexler calls for prosecution

Attorney General Eric Holder is considering whether to prosecute torture. He shouldn't consider it. He should appoint a special prosecutor and let him or her consider whether torturing people violates our laws against torture. You can ask Holder to do this at: 202-514-2001 or AskDOJ@usdoj.gov

More from Brad. And here Greenwald reacts to indications in WaPo that special prosecutor would treat lawyers' illegal torture memos as law and prosecute only those who exceeded (or preceded?) what was illegally authorized by those memos. This sounds worse than it is, because when you stop and look at it: we don't know of a single instance of torture that did not exceed what the memos "allowed", but this would immunize the lawyers and the top officials who told the lawyers what to pretend to legalize and then ordered that those crimes be committed. This is one rule of law for the powerful (none at all) and another for others. This is "bad apples" on steroids even if they find a whole rotten orchard.

On the other hand, Scott Horton thinks the targets for prosecution would be the lawyers. Who knows. We need to demand consideration for prosecution EVERYONE who broke laws.

Take Action: http://prosecutebushcheney.org

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Since the Democrats regained control of Congress in 2006, as the Chairman of the House Judiciary Committee, John Conyers has chosen to pursue "oversight" of the Executive Branch in lieu of "impeachment", to reign in the "Imperial Presidency of George W. Bush".

John Conyers has meticulously documented the potential and probable high crimes and misdemeanors of Bush and Cheney, but he never pursued the ultimate remedy provided for by our Founding Fathers in our very own Constitution-the remedy of impeachment.

John Conyers feared the votes were not there, even before presenting his case, and that was his excuse for not upholding the Constitution when the nation was in dire peril faced with cruel "domestic" enemies/tyrants.

"Oversight" is not/was not the remedy needed when America was ruled over by the Bush/Cheney cabal of evil exercising their unitary (monarchical) executive powers which usurped the Constitution.

Impeachment was clearly called for and desperately needed against Bush and Cheney.

By not impeaching Bush and Cheney, John Conyers has succeeded in making the Bush/Cheney crimes a new standard to reach for all future Republican presidents, and possibly even Democratic presidents, never to be held accountable for their high crimes, misdemeanors, and misdeeds, never to
get impeached, while in office, and even after leaving office, even after usurping the Constitution and violating our laws and violating international laws and treaties as well.

Instead of impeaching, John Conhyers can now look forward to writing a new Article on Impeachment, possibly entitled "Why I Should Have Impeached Bush & Cheney" by John Conyers Jr.

Reference:

1. "Reigning in the Imperial Presidency Report" March 2009 Link

2. Thirty Five Very Serious "Articles of Impeachment for President George W. Bush", resolved, that President George W. Bush be impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the United States Senate, Link

3. "John Conyers, 1974: Why Nixon Should Have Been Impeached", Link

Bush and Cheney are regular people just like everyone else, putting their pants on one leg at a time, and like Obama stated, 'No one is above the law'. But, Obama also said 'You have to make me do it'. So, are we going to MAKE him and Attorney General Holder do their job, or are we going to moan and complain like congress?
They must do this, there is no question. Morality is a principle not a law.
The law of our land has been b/\/r/\o/\k/\e/n, morally we must fix it.

IBETT

They say that authors frequently hide the red meat of an article down toward the bottom. I don't know why this may be true, but in this care, it sure is. I've bolded a few key passages from Scott Horton's article.

A major consideration for Holder, my sources told me, was the Justice Department reputation for independence—badly tarnished during the Bush administration and perhaps set to face further embarrassments as the U.S. attorneys scandal probes—by Congress and by a special prosecutor—finish up.

In the days after Obama’s speech at the CIA, both Axelrod and Emanuel insisted that the White House had made the decision that there would be no prosecutions. According to reliable sources, that incensed Holder, who felt that the remarks had compromised the integrity both of the White House and Justice Department by suggesting that political advisers made the call on who would or would not be criminally investigated. After Axelrod and Emanuel made their statements, Holder realized, a source said, that the Justice Department might have to appoint a special prosecutor to uphold its reputation for independence.

Observers caution that even if a special prosecutor is appointed, actual indictments would still be far off. The Bush torture policy was implemented with the advice of lawyers well skilled in the ways of Washington bureaucracy. Any prosecutor would face considerable legal obstacles in bringing charges. A review of the torture memoranda themselves shows that a consuming concern was thwarting the possible bringing of charges by a future prosecutor. Now, perhaps, the defenses they devised may be put to the test.

If what Scott Horton writes is true "that a consuming concern was thwarting the possible bringing of charges by a future prosecutor" then it sounds like the Bush administration involved itself in a federal criminal conspiracy.

Under 18 U.S.C. [sections] 371, it is a crime for "two or more persons [to] conspire ... to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose."(1)

Conspiracy is distinct from the substantive crime contemplated by the conspiracy and is charged as a separate offense.(2)

Acquittal on a conspiracy charge does not bar prosecution of the substantive offense.(3)

Likewise, acquittal of the substantive offense does not bar conviction on the conspiracy count.(4)

Conspiracy, coined the prosecutor's "darling,"(5)

is one of the most commonly charged federal crimes. The offense of conspiracy has great breadth, and prosecutors have applied it to a variety of situations.(6)

Commentators have noted that "it is clear that a conspiracy charge gives the prosecution certain unique advantages and that one who must defend against such a charge bears a particularly heavy burden."(7)

The Supreme Court has described the gravity of the conspiracy offense: For two or more to confederate and combine together to commit or cause
to be committed a breach of the criminal laws, is an offense of the gravest character, sometimes quite outweighing, in injury to the public, the mere commission of the contemplated crime. It involves deliberate plotting to subvert the laws, educating and preparing the conspirators for further and habitual criminal practices. And it is characterized by secrecy, rendering it difficult of detection, requiring more time for its discovery, and adding to the importance of punishing it when discovered.(8)

Parallels between the crimes of the Bush administration and the crimes tried at Nuremberg are often noted. According to Wikipedia, conspiracy law was used to for Nazi leadership who participated in a conspiracy or common plan to commit international crimes.

Now that we know that Dick Cheney ordered the CIA not to disclose to Congress certain probable illegal "programs," can we investigate (though that's been amply done) and prosecute the co-conspirators?

The 3 C's,can corral many.
Conspiracy,Coop,and Cult.....

We have all three C's in play with ample evidence,,
The only thing left is to arrest the criminals....

Is exactly correct. This may drag on into the next administration and the one after that. Obama may be a one term pres and we may really hit rock bottom the next time, not like we thought we had with bush.

Just another felony in Cheneys long line of felonies,
except now it appears he may have also violated the National Security Act,
which mandates Congressional oversight of the CIA.

Torture, Deceiving Congress, WMD Lies... what more does Holder need?

Insist On Enforcement of Our Federal Laws.

IT Will Not Happen Unless WE
make lots of noise.

SIGN THE PETITION

Demanding both a
Commission of Inquiry
and a Special Prosecutor at ANGRYVOTERS.ORG.

http://ANGRYVOTERS.ORG

Forward this url to your friends
We can't let them bury these crimes.

Over 250,000 signers so far
Join them and call yourself a patriot

JUST BY ADDING Our URL to the bottom of your news article and blog comments YOU can send more voters to Sign The Petitions To Prosecute Bush and Cheney.

Just one of our "commenters" is responsible for over 5,000 hits per month. All we do is send people on to the Petitions to Prosecute.

John H Kennedy, Denver CO,
44 yr Democratic voter and organizer of
Impeach Colorado Coalition http://ImpeachCO.com
Now is ANGRYVOTERS.ORG

http://ANGRYVOTERS.ORG

..

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