A Banana Republic
The talking point du jour among Republicans is that only in a banana republic would an administration investigate and prosecute the conduct of a prior administration (even if that conduct includes war crimes!). Just so I have this straight, though, I want make a list of what banana republics do and don't do:
Banana republics do:
-investigate and prosecute potential war crimes committed by a prior administration.
Banana republics do not:
-capture people from all over the world and put them in secret blacksite prisons for the purposes of torturing them
-capture their own citizens off the street and hold them incommunicado for years on end without filing any charges against them
-instruct their government lawyers to draft eleborate legal opinions detailing how many hours per day they can subject people to simulated drowning or lock them in a tiny box with insects
-set up kangaroo tribunal systems for trying alleged terrorists in which the defendants are not allowed to see the evidence against them and coerced confessions are admissible
-authorize secret warrantless surveillance programs that violates longstanding criminal laws
-use trumped up intelligence (including statements obtained via torture) to justify unprovoked military invasions of another country
Good to know.
Banana republics do:
-investigate and prosecute potential war crimes committed by a prior administration.
Banana republics do not:
-capture people from all over the world and put them in secret blacksite prisons for the purposes of torturing them
-capture their own citizens off the street and hold them incommunicado for years on end without filing any charges against them
-instruct their government lawyers to draft eleborate legal opinions detailing how many hours per day they can subject people to simulated drowning or lock them in a tiny box with insects
-set up kangaroo tribunal systems for trying alleged terrorists in which the defendants are not allowed to see the evidence against them and coerced confessions are admissible
-authorize secret warrantless surveillance programs that violates longstanding criminal laws
-use trumped up intelligence (including statements obtained via torture) to justify unprovoked military invasions of another country
Good to know.
posted by A.L. at 2:38 PM
9 Comments:
BANANA REPUBLICS MAKE BANANAS.
Does America make Bananas? No.
We elect them. Because we have a little thing called democracy here.
Case closed.
Hey A.L.--
As a law guy, I'm sure you'd be delighted to hear all about my new fail-proof scheme for getting away with any crime, inspired by the Bush-Cheney administration.
Step 1: Find and pay a lawyer to write a memo arguing that your crime is actually consistent with the law. The legal memo doesn't have to be very good or well-researched, but just has to look like the lawyer really means it.
Step 2: Commit the crime.
When you're confronted with what you've done, you can insist that you were operating "in good faith" based on what your lawyer told you was the law.
And your lawyer can say that he didn't commit the crime himself, or do anything but exercise his free speech to write a legal memo, so he can't be charged either.
Talk about the perfect crime. Everybody wins!
Why stop at torture? I'm sure you could use this strategy to get away with embezzlement, treason, and---I'm sure---even making really, really bad puns!
So what do you think? Do I have a case here or what?
The real question is then, if I do follow the scheme laid out above, what crime can't I get away with, according to the logic being put forth now by the former Bush administration?
as usual i add my bit of inarticulate obscenity: these people are fucked up and they are not the least bit apologetic. fuck you sean hannity.
I'm confused about this: Do banana republics prosecute war crimes committed by other banana republics?
Torture prosecutions finally begin in the U.S."[Torture] undermines respect for and trust in authority, government and a rule of law," wrote Assistant U.S. Attorney Caroline Heck Miller in last week's filing. "The gravity of the offense of torture is beyond dispute."
The term "banana republic" is just smoke and mirrors. What's really happening - and this was predictable - is that the Republicans are raising the spectre of each administration prosecuting its predecessor, like in Pakistan, thereby discrediting the justice system and ultimately fragilizing democracy itself. This is why Obama is right to publicly oppose prosecution: the scent of partisanship will only be removed if the DOJ investigates against the president's express wish.
"the scent of partisanship will only be removed if the DOJ investigates against the president's express wish"
The scent is only removed for those with a rational sense of smell. Libs make this mistake over and over: we'll disarm the wingnuts by being pro-war, pro pin-on-the-lapel, not appearing weak, not appearing partisan, etc., etc. Only the wingnuts and the MSM make the same claims anyway (Dems are weak, anti-America, partisan, etc.)
Happens every time.
Obama's only appropriate comment is that the decision to prosecute is not up to him. That decision belongs to the AG.
brava brava. I applaud your courage!
Hahaha, love it.
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