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Wednesday, March 10, 2010

Now We're Talkin

In Congressional Hearings.

Today at the Center for American Progress some of the bravest most honest attorneys appeared along with Congressman Jerry Nadler of New York to discuss why the government is letting the government skate on breaking the torture laws.
The fact that no accountability is offered in the form of a special prosecutor with any teeth to investigate itself really seriously while we know that Torture took place and it is a crime, means not only that there is no guarantee that it won't take place in the future if no one is held accountable, but it means that in fact, we don't know it is not going on right now. Bush looked us all in the eye and said -'we don't torture'- Is Obama closing down all extraordinary rendition- for sure- are you sure? Are we now not torturing anyone- for sure, are you sure?

If you don't prosecute violations of civil liberties there is no remedy for redress of a violation of civil liberties. Nadler made the exquisite point that the only thing that stops abuses from happening is if you can sue and the Courts tell you to stop (injunctive relief) or award damages.

Imagine this. You want to bring a lawsuit because a great wrong was done to you- say the government owned and serviced Toyotas and the government knew that the Toyotas had a recall on crazy accelerators but didn't tell everyone it made drive a Toyota on a government issued car. Suppose that the government actually had memos and emails in which high government officials said- let's not tell the schnooks- we don't want to pay for new ones. It's cheaper to let a statistical percentage of them to drive off cliffs than to replace the entire fleet of government Toyotas. Incriminating evidence-right? Imagine that the government claims "national security secrecy doctrine" so as to prevent all those memos and emails from ever making it to a jury. This sort of scenario actually made it to the Ninth Circuit and the panel of three wise judges determined- Foul Ball Government. You cannot do that- you have to demonstrate to the judge first (in camera) that there is actually any national security aspect to the things that you are hiding and withholding. First demonstrate "in camera" which means in a closed court to the trial judge, why you think that this has any national security aspect justifying the privilege to withhold the document. So what did the government do?
You are not going to believe this. They appealed it to the entire Ninth Circuit "en banc"-meaning that All the judges of the Ninth Circuit get to hear it now. Guess who sits on the Ninth Circuit. One of the guys who wrote the Torture Memos giving the government a golden shield 'get out of jail free' card- Bybee. Can you say "RECUSE YOURSELF" boys and girls. Who is filing that motion? Can you say "He's an Amici, She's an Amici, wouldn't you like to be an Amici too!"

Did you know that we have a Constitutional subcommitte in Congress. There is actually a committee in Congress, Nadler is the majority Chair and they are in charge of making sure that we all can do what ALL lawyers with a license have pledged to do: Uphold the US Constitution.

So where are all the Justice Department lawyers who are pledged to do this now? Where is Holder when he KNOWS that waterboarding IS torture (he said so at his confirmation hearings) and we KNOW that Cheney loves it (he's the world series, Superbowl hero of it apparently and his daughter can't stop saying how wonderful it is- wonder if she practices on her kids at bedtime when they don't eat their peas.) We know Torture is a Crime.
HOLDER. Where are you and what are you doing my friend?

If we are a country that only prosecutes laws, domestic and international when we like them, we are not a country of the Rule of Law. If we think that because the other side are sadistic crazies, we get to be sadistically crazy back that this solves anything other than turning the whole world into a crazy saddist madhouse, then we have lost our minds.

EVERY criminal prosecution looks backs. EVERY law demands enforcement or it should be repealed. EVERY violation of Torture should be investigated and prosecuted.

Winston Churchill said essentially (paraphrased) 'we are not a country that tortures'-because no civilized nation does, and tell me the other side in WWII didn't deserve it if anyone did. We don't gratuitiously kill -it's a violation of the Covenant we have with the Creator. "We don't torture" said Bush- like a kid who just lied to his mother when telling her the dog ate all the cookies in the jar- because even he knew it was wrong and so had to lie to the country--repeatedly.

EVERY Violation of Torture should be investigated and prosecuted- or we have NO assurance or trust that it isn't happening NOW, won't happen in the future.

Stay tuned Larry King and Anderson Cooper, for Jerry Nadler's hearings on TORTURE, coming to a Congressional hearing room near you.

The voice you hear when you open this blog is that of Nan Aron- see link below...
She is the Supremely impressive CEO/Director of the Alliance For Justice. I am not taking her voice off this until MSN (main stream media) and CNN and CPAN cover Nadler's Torture Hearings. http://www.afj.org/ (get a copy of their TORTURED LAW video/THANK YOU Center for American Progress for hosting its showing this evening.)

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