Politico reported yesterday that Obama’s lawyers are prepping to defend John Yoo next week by moving to dismiss a lawsuit filed by Jose Padilla. Padilla seeks a declaration that Yoo’s legal memos that purported to authorize torture were unconstitutional. Obama presumably does not plan to support torture or the torture memos. Instead, Obama may argue that the case should be dismissed in order to protect governmental prerogatives, like immunity for government officials acting within the scope of their employment or state secrets. While any of these defenses may have legal validity, what about protecting the public’s prerogative to the rule of law? And, does the US want to continue shielding our government officials from torture liability while prosecuting foreign officials to hold them individually accountable?
This is not a case of a government lawyer simply writing a legal memorandum that is based on convoluting the law. As reported by Vanity Fair (video interview), Bush’s torture lawyers --- Bush’s lawyer Gonzales, Yoo and Jay Bybee (now a federal judge) at Justice Dept., William Haynes DOD lawyer for Rummy, David Addington lawyer for Cheney --- advocated torture that violated international law, the Geneva Conventions, Common Article 3, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Army Field Manual and US laws. In other words, our government lawyers were advising Bush to violate the laws or commit a crime. Moreover, while the Bush meme is that the source of new torture techniques "trickled up from the ground at Guantánamo" to DC, it appears that the "origins lie in actions taken at the very highest levels of the administration—by some of the most senior personal advisers to the president, the vice president, and the secretary of defense." Further, these torture lawyers participated in ensuring that torture was implemented by flying down to Guantánamo to pressure the military to torture after witnessing "interrogations".
Its bad enough, as Punditman has posted, that Obama is prosecuting Bush's wars. Peacenik wants to cut Obama some slack. Peacenik understands that its tough to stop a war in its tracks. But, if Obama's justice department starts defending Bush's accomplices, it kind of makes Peacenik want to ralph. Its almost the weekend. Peacenik doen't like ralphing. But come on. Give Peacenik a break.
