G did a comment on ‘The downside of torture’ that needs to be out here in the daylight, so here it is. OB.

What is perhaps most appalling about this is that prosecuting torture has become nothing more than another tawdry political game. Barack Obama is, among other things, not just a Harvard Law graduate but an actual Constitutional scholar. He knows what an appalling clusterfuck the Bush Administration made of the Constitution with its denial of habeas corpus, secret prisons, torture, and all that. He knows what the morally and legally required path must be. But he is rather scrupulously avoiding that path.

Worse, Obama’s administration has in almost all terrorism-related court cases pushed the absurdly counter-Constitutional secrecy policies … Read the rest

Philippe Sands said on ‘Fresh Air’ that Judge Garzon attempted to prosecute a couple of people that the Bush administration had tortured and that the case collapsed because the evidence, being the product of torture, was not admissable in court. Sands said this is one reason Garzon has started a criminal investigation of some of Bush’s team: they (allegedly) not only violated international law, they also made it impossible for other courts to prosecute the objects of the torture.

He also discussed the irony of the fact that Chuckie Taylor was convicted in a US court for crimes he committed in Liberia; that was possible because the crimes he committed were violations of international law. States that have signed such … Read the rest