Friday, April 17, 2009

torture memos II

Wow, so I ran across this article--I swear to god--just moments ago, after I had posted my last entry. Bruce Fein, from The Daily Beast, puts it much better than I did, and he goes a step further, saying that Obama is abrogating his Constitutional duty by not prosecuting the torturers:

"The evidence is now undeniable. President Barack Obama is flouting his unflagging constitutional obligation enshrined in Article II, Section 3 to “take Care that the Laws be faithfully executed.” He is also reneging on his signature campaign promise to restore the rule of law, transparency, and accountability to the White House. He is displaying the psychology of an arrogant Empire as opposed to a modest Republic in continuing and escalating the Bush-Cheney duumvirate’s global and perpetual war against international terrorism heedless of foreign sovereignties or the lives of civilians."

Heavy shit. Read the whole thing. It's worthwhile.

Also, ran across this post on Stinque:

"The smiling Dad in this picture is the Honorable Jay S. Bybee. He is a judge on the Ninth Circuit Court of Appeals. He’s a practicing Mormon. He has taught constitutional and administrative law. He worked at the Department of Justice until he was nominated for the Ninth Circuit. A Bush appointee, he was confirmed in March of 2003.

There's only one problem. Judge Bybee is also a monster."

Yes, that's the very same Bybee who wrote the first of the infamous torture memos, in which he states that in order for something to defined as torture, it must include 'severe pain,' which, by legal definitions he cites, must rise to level that could result in organ failure or death:

"They treat severe pain as an indicator of ailments that are likely to result in permanent and serious physical damage in the absence of immediate medical treatment. Such damage must rise to the level of death, organ failure, or the permanent impairment of a significant body function. These statutes suggest that "severe pain," as used in Section 2340, must rise to a similarly high level — the level that would ordinarily be associated with a sufficiently serious physical condition or injury such as death, organ failure, or serious impairment of body functions — in order to constitute torture."

In other words, if what you do to someone's mind or body couldn't or wouldn't result in organ failure or death, it can't by definition be torture.

Did I mention he's a fucking Mormon?

Go God!

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