Torture & Executive Privilege

"I suspect he’s lying," Rep. Jerrold Nadler (D-NY), the chairman of the Constitution, Civil Rights and Civil Liberties subcommittee of the House Judiciary Committee, said about Steven G. Bradbury, head of the Justice Department’s Office of Legal Counsel. Nadler believes Bradbury misled the panel about the definition of waterboarding during a colloquy over the procedure’s legality.

[...]

Nadler asked Bradbury how "not being able to breathe as your lungs fill with water" could be legal. Bradbury replied in an unanticipated fashion. "Well, with respect, Mr. Chairman," he said, "your description is not an accurate description of the procedure that’s used by the CIA."

[...]

" I suspect he’s lying, because why would we have to wait until now to hear this? We’ve had something like six or eight months worth of controversy over waterboarding. Why didn’t they say that [earlier]?"

[...]

For Bradbury to remain in his position beyond the legal time-limit for unconfirmed nominees embodies the administration’s "lawlessness," Nadler said. He urged the next administration—particularly a Democratic one—prosecute prominent Bush administration officials for lawbreaking, as a matter of righting a Constitutional wrong. "[Attorney General] Michael Mukasey is not going to do it," he said. "I hope the next president will. Otherwise there will be no protection—none—against a president disobeying laws."

[...]

”If the Republicans win, and they won’t, a Democrat will be tempted to look ahead and not back. I think that’s very destructive to our form of government to say the executive can violate the law with impunity. Then we’ll have no liberty left."

  Washington Independent

Welcome to 21st Century America.

....but hey, do what you want....you will anyway.

Let's Make a Deal

Majority Leader Harry Reid has alleged that the Bush White House has offered to effectively trade off 84 nominees to the executive and judicial branches if the Senate confirms Steven Bradbury for head of the Office of Legal Counsel. It is another example of a made man in the Bush White House, who must be confirmed at any cost.

Bradbury is the author of some of the infamous memos justifying torture and has run the department’s Office of Legal Counsel.

  Jonathan Turley

And Speaking of Torture

In 1946, the United States prosecuted two Justice Department lawyers for a peculiar crime. They had written memoranda which, in disregard of international law, facilitated the torture and abuse of prisoners. They were sentenced to ten years in prison, less time served. That was in the days when the Justice Department lived up to its name. The case is called United States v. Altstoetter. It would be a good case for Michael Mukasey to read; his underlings could benefit from a reading, too, since the time is approaching when it’s going to have some direct impact in their own lives.

  Harper’s

At least the Senate Democrats did one thing right. Jim Webb went in over the Christmas holiday for 10 seconds to call to order an empty room. But that prevented a recess and a recess appointment by Bush of the man he wants to make permanent head of the Office of Legal Counsel, Steven Bradbury. Bradbury is the guy who was installed as "acting" head to replace Daniel Levin when Gonzales took over. Daniel Levin, it seems, had begun to question waterboarding.

Too bad the Dems couldn't have found someone willing to keep recess at bay all the other many times Bush pulled that stunt.

....but hey, Clinton did it, too. (Score: Clinton, 139. Bush - in his first six years - 167.)