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Torture Convictions Would Be a Long Shot

Prosecution possible, but nailing Cheney a legal headache

By Matt Cantor,  Newser Staff

Posted May 4, 2009 8:34 AM CDT

(Newser) – Those calling for Bush administration prosecutions on torture-related grounds may have their way—but whether those in question can actually be convicted is a whole other kettle of fish, Jeffrey Rosen writes in New York. Much of the case would likely hinge on whether authorities believed their own claims in making a case for waterboarding. And appointing a special prosecutor could create headaches for the Justice Department.

“Whatever people say about Cheney, few people think he didn’t believe in his own arguments,” says a law scholar. And the ex-VP would have a number of protection mechanisms on his side, such as withholding executive records and the argument that Congress authorized administration moves. Meanwhile, the “possibilities for clashes between Justice and a special prosecutor are endlessly multiplied,” Rosen writes. Still, public pressure could drive AG Eric Holder to appoint one.


This file photo shows Bush lawyer Jay Bybee.
This file photo shows Bush lawyer Jay Bybee.   (AP Photo, Evan Vucci)
Former Vice President Dick Cheney appears on CNN's State of the Union Sunday, March 15, 2009, in Washington.
Former Vice President Dick Cheney appears on CNN's "State of the Union" Sunday, March 15, 2009, in Washington.   (AP Photo/Kevin Wolf)
United States Attorney General Eric Holder listens to a reporter's question.
United States Attorney General Eric Holder listens to a reporter's question.   (AP Photo/Lefteris Pitarakis)
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A prosecutor would have to establish that (Bush) lawyers knew the advice they were giving was wrong but gave it anyway because they were determined to justify torture by any means necessary.
- Jeffrey Rosen

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COMMENTS
Showing 3 of 8 comments
Corona_Kinq
May 4, 2009 7:57 AM CDT
So in other words you wanna lower this great nation down to the level of terrorist thugs. Got it. "Leftist loons" believe this country stands for something. Torture is not one of them.
jaguarj
May 4, 2009 7:10 AM CDT
Yah..guess one never has to look very hard to find the "Bush Haters"....they are everywhere and have been for years.
Reader65069154
May 4, 2009 5:41 AM CDT
I was wondering where the Bush haters were posting today - found it.

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