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Missouri news, views, and issues - Show Me Progress

Eric Holder Knows: Bush And Cheney Deserve Fair Trials

by: edger

Mon Dec 22, 2008 at 10:35:54 AM CST


Crossposted at Docudharma, OOIBC, Daily Kos, They gave us a  republic..., and Edgeing


Photo: 1931 "The Public Enemy" James Cagney 1931 Warner Bros., Image courtesy of IMDB
Attorney General Michael Mukasey since his appointment by George Bush, as have previous members of the Bush administration such as Alberto Gonzales, and other enablers such as House Speaker Nancy Pelosi, has waffled, spun, twisted in the wind, squirmed, sweated, excused, equivocated, denied reality and otherwise insulted Americans and the entire world as evidence of torture ordered at the highest levels of the Bush administration has piled ever higher and higher.

No better than the public enemies he is protecting, Mr. Mukasey, like Ms. Pelosi, has become no better than a getaway car driver, no better than a fugitive from justice.

Torture is well defined, immoral, and illegal, in violation of international law, US law, and international treaties. There is no more heinous and downright evil and dehumanizing crime in the history of humanity than torture.

Any person guilty of torture under current US law can be incarcerated for up to 20 years or receive the death penalty if the torture results in the victim's death.

Mr. Mukasey, while holding office as the highest ranking officer of justice in the United States, is nothing more than an accessory to the crimes that George Bush, Dick Cheney and others have flagrantly engaged in.

Last week outgoing US Vice-President Dick Cheney made a series of remarkable comments in his exclusive interview with ABC attempting to save himself from prison with a blatant plea for pardon from his co-conspirator George Bush.

Michael Ratner, President of the Center for Constitutional Rights (CCR), explains Cheney's motives in a video interview with Real News CEO Paul Jay...

edger :: Eric Holder Knows: Bush And Cheney Deserve Fair Trials
Cheney admitted to playing a role in the authorization of the use of waterboarding and other 'aggressive interrogation techniques', defended the decision to listen-in on domestic phone calls, and essentially provided broad approval for all the actions taken by his government over his tenure.

In the first part of our interview with Michael Ratner, Michael gives his analysis of both the significance of the interview, and what he believes are Cheney's motivations for such an uncharacteristic offering of information from the notoriously secretive VP.


Real News: December 22, 2008 - 8 min 23 sec
Why did Cheney confess on national television?
Michael Ratner: Cheney's admission of guilt is a plea for a presidential pardon Pt1/2

Michael Ratner is President of the Center for Constitutional Rights (CCR) in New York. He has taught at Yale Law School, lectured at Columbia Law School, and was President of the National Lawyers Guild.

After January 20, 2009 there will be a new Attorney General of the United States, and  Eric Holder Jr. will most likely be confirmed as that new Attorney general.

Mr. Holder has said that:

"Our needlessly abusive and unlawful practices in the 'War on Terror' have diminished our standing in the world community and made us less, rather than more, safe," Holder told a packed room at the ACS 2008 Convention on Friday evening. "For the sake of our safety and security, and because it is the right thing to do, the next president must move immediately to reclaim America's standing in the world as a nation that cherishes and protects individual freedom and basic human rights."

Eric Holder, Jr.
Eric Holder, Jr.
Photo: Leslie E. Kossoff/AP
If Mr. Holder, when he becomes Attorney General, is to live up to his own statements and retain the personal and professional integrity he has displayed in his law career thus far, and not by acts of omission become an accessory along with Mr. Mukasey and Ms. Pelosi to the crimes of Bush, Cheney and others in the Bush administration, he will have no choice but to accept the demands of the thousands of US citizens who have signed the Docudharma/Democrats.com Citizens Petition for a Special Prosecutor to investigate and prosecute Bush administration war crimes.
Petition Badge
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If he will not, Mr. Holder runs the risk of throwing away a lifetime of work in a so far illustrious career and all of his personal and professional integrity and becoming a fugitive with Mr. Mukasey and an accessory to these crimes along with and no better than the perpetrators and other conspirators.

Given his professional record, I have every confidence that Mr. Holder, as soon to be Attorney General of the United States, realizes that he can make no other choice than to do the right thing.

Mr. Holder knows. As Attorney General he will wear the badge as the highest ranking officer of justice in the United States.

He will have his own integrity on the line.

Mr. Holder knows that like any other accused criminals, Bush and Cheney deserve fair trials.

And Mr. Holder knows that failing to give them those fair trials would be convicting himself.

Please go to Democrats.com and sign the petition!

Holder Responds to the Citizens Petition

From Attorney General Designate Holder, in response to the The Citizens Petition: Special Prosecutor for Bush War Crimes.

   "Enough folks. I hear you."

The petition was initially set up to relay every signer to Mr. Holders public e-mail address. Since it's formal launch yesterday, we are now at 1085 signers and growing. In response to AG Designates Holder's response, we have stopped sending him each signature and comment that appears on the petition and are now collecting all names and comments for eventual submission to AG Designate Holder, the media and members of Congress.

We have since asked Mr. Holder for a formal statement on the petition. We await it eagerly! But we now know that he is aware of the petition, aware of our concerns, and aware that there is a citizens movement aimed at bring Bushco to justice. In other words...it is working!



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Update... 1777 signatures (0.00 / 0)
1777 of 100000 people have signed this petition as of the time of this comment.

Again, I'm all for investigation, (0.00 / 0)
but can someone just lay out the strategic reasons for starting this campaign now versus starting it on January 21 (after inauguration)?  It seems to me that if it becomes obvious that we will investigate then Bush will just issue preemptive pardons, and I don't think international courts would be very effective at bringing out the truth.  Also, the more noise we make now, the more Bush can use the pardons as an excuse to prevent "a partisan witch hunt" or "to protect national security" whereas if he issues the pardons without anyone making a bunch of noise it will look especially suspicious.  

Well (3.00 / 1)
It takes time even if pressure is applied in order to change the minds of those (like McCaskill) who think winning one election is enough, and that we do not need to hold anyone more accountable than relieving them of their jobs.


[ Parent ]
If Bush is going to issue pardons (3.00 / 1)
he's going to do it whether we make noise or not.  

if he issues the pardons without anyone making a bunch of noise it will look especially suspicious.    

Bush has never worried about looking suspicious.   I don't see any use in having a strategy on this from our point of view.

It would be nice if Holder had a strategy.  


[ Parent ]
I second Mary's point (3.00 / 1)
I'd also like to know what you mean by "we." Are you talking about everyone who opposes torture and subverting the rule of law? Democrats? Democratic officials and electeds?



[ Parent ]
the first one (0.00 / 0)
"we" as in "everyone who opposes torture and the rule of law."

But whatever. I signed the petition since I take it that this group will be leading the charge (perhaps because they were the first group to focus on the issue in this way).  But I still would like to see a strategy actually articulated, and as far as I'm concerned no one has actually explained to me why it's important to do it now versus January 21.  Even though "it takes time," I don't see how waiting a month would hamper the effort, and I do see how it could prod Bush into preemptive pardons.  Though I certainly will not make a practice of this, in this case I defer to the judgment of my progressive friends.  I hope it works.


[ Parent ]
2232 petitioners now (0.00 / 0)
If you haven't signed it yet, go do it!

Revoking Presidential Pardons... (0.00 / 0)
Pardon Me, Congress?
by David Swanson, October 23, 2008

...Congress should hold hearings, and hold them as soon as possible, but not just to speechify, rather to take serious steps to prevent something brand new in American government: a president pardoning himself and/or pardoning his subordinates for crimes he instructed them to commit, crimes for which they have, in most cases, not yet even been charged, much less convicted and sentenced.

The unconstitutionality of self pardons is discussed at length in "Pardon Me? The Constitutional Case Against Presidential Self-Pardons," by Brian C. Kalt in the Yale Law Journal, December 1, 1996: http://www.jstor.org/pss/797310 Kalt gives an argument based on original intent and the English history that informs it, text and structure, case law, and the broader precedential principles of self-judging and the rule of law.
...
The belief has taken hold in Washington, D.C., that the presidential pardon power cannot be restricted other than through amendment of the Constitution. But part of the reason for that belief is that few people heretofore have considered the outrageous possibility of a president pardoning himself. A careful analysis, I believe, would lead to the conclusion that Congress is completely within its rights to legislate a ban preventing the presidential pardon power from being distorted to include the power to self-pardon the president, or to pardon any staff or contractors of the executive branch, including the vice president, for crimes authorized by the president.

Of course, such legislation would be vetoed by Bush, but it could be passed during the next Congress, and it could be written to retroactively revoke Bush's illegal pardons. After all, we recently retroactively legalized massive violations of the Fourth Amendment and statutory law by telecommunications companies. Surely, we can retroactively revoke pardons. In fact, according to press accounts in 2001, President George W. Bush seriously considered, himself, revoking former President Bill Clinton's controversial pardon of Marc Rich, but ultimately chose not to do so despite the advice from his lawyers in the Justice Department, advice that Congress could subpoena next year if it hasn't all been shredded. Of course, this suggests the possibility of lobbying President Barack Obama to revoke invalid pardons made by Bush.

Another course that Congress could take right now would be to introduce and support legislation creating a Constitutional Amendment to restrict self-pardons and pardons of subordinates for crimes ordered by the president. Such an amendment would not be ratified quickly, but it would raise the level of potentially bipartisan opposition to Bush pardons, which might discourage them. At some point, surely, the Republican Party is going to decide that one more nail in its coffin is too many.

The best approach of all, however, would be one that Bob Fertik has proposed, although I guess the framers of the Constitution beat him to it. The House could impeach each top official likely to receive a preemptive pardon from Bush, or impeach them once they receive the pardons, whether or not they are still in office, and whether or not President Obama has tapped them to stay on. First on the list would be I. Lewis "Scooter" Libby whose sentence Bush has already commuted.



We now have just under 6000 signatures on only 2 days... (0.00 / 0)
If we can keep up this signing rate we should have at least between 100,000 and 150,000 signatures by inauguration...

You can help by sending the petition link to everyone you know.

There is also a downloadable promotional email you can copy and paste, available here. Right click and save, or just click to open. This is an MSWord document that you can copy and paste into an email.

It contains the full petition text also, as well as the link to obtain the embed code for the petition badge graphic that can be displayed in any site, diary or comment.


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