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JackRiddler

(24,979 posts)
Sun Aug 31, 2014, 10:06 AM Aug 2014

Grant immunity? Obama's making Bush criminals into heroes!

Last edited Mon Sep 1, 2014, 02:13 PM - Edit history (3)

Key words: Bush Regime, Obama response to Bush Regime crimes, John Yoo, Westfall precedent, curious argument that Obama has "not granted immunity" for criminal activity by Bush-era officials.



In 2001, a regime came to power following a highly public electoral fraud. As the fraud began to unravel, a judicial fiat suspended the rule of law in determining the true results of the 2000 presidential election. The Court stepped in, stopped the constitutional process, and appointed the loser as the winner.

The cabal who had thus seized the United States executive branch prepared and launched a long-planned war of aggression, employing a fabricated and fabulated pretext. There followed the deaths of hundreds of thousands of civilians and the destruction of more than one nation. The direct consequences remain with us today.

Among many constitutional violations, breaking of laws, obstructions, obfuscations, atrocities and war crimes, officials of the Bush Regime also ordered and oversaw the imprisonment without charges and in many cases the torture of an unspecified number of persons - dozens, hundreds, thousands - who were held at illegal and often secret sites in many countries around the world.

In creating a framework against future prosecution, the main conspirators of the Bush Regime circulated secret memoranda among themselves, deploying spurious legal arguments to justify their lawbreaking. In any serious criminal case against the cabal, the lawyers who issued these enabling memos would have been a prosecutor's first targets, because their role had been to provide legal cover for the entire criminal enterprise.

In 2008, a successor administration was elected legitimately under the terms of the U.S. constitution. The winning candidate had issued promises that charges of wrongdoing by the outgoing government would be investigated.

However, the personnel of the new government chose to ignore the overwhelming prima facie evidence of criminal conduct by their predecessors. The Obama team made a series of decisions not to investigate, not to prosecute, and not even to reveal the full extent of the Bush Regime's criminal activity. On the contrary, with regard to the national security and surveillance state, they oversaw an expansion of this activity and sought to render it retroactively legal.

It should be noted that while the majority of Democratic voters had not (or only rarely) supported Bush Regime actions, indispensable collaboration was given at key points by Democratic Party leaders and politicians.

In the most egregious example, one-half of the Democrats in the Senate - including Hillary Clinton, John Kerry and Joe Biden - voted for the 2002 motion enabling the announced plans to invade Iraq. This granted invaluable political legitimacy to the subsequent war of aggression.

When the Democrats regained control of the Congress on a wave of antiwar sentiment in 2006, their leadership promptly announced that impeachment was "off the table," in Nancy Pelosi's words, and they accommodated the continuation of the Bush-initiated wars.

In 2008, key Democrats including the presidential candidate, Senator Obama, voted for the FISA amendments granting retroactive immunity from prosecution and civil liability to phone companies that had participated in the illegal Bush eavesdropping program - in effect, ending any chance that Bush officials would be held accountable for their massive expansion of domestic spying.

Now, starting in 2009, the new chief executive did not just fail to prosecute but morally exonerated the Bush-era perpetrators. Obama kept Bush's secretary of defense, Gates, in office for several years. He appointed the war criminal, Petraeus, to head the CIA. He bestowed medals on members of the Bush gang. Most recently, he trivialized torture as something "we" did to some "folks" out of understandable fear and patriotic over-reaction.

At the beginning of the Obama administration's public and legal efforts to exculpate the Bush regime - and thus, effectively, to cover up its crimes before history - use was made of a legal device known as the Westfall exception, which provides the government with the option of giving legal representation to former employees who are accused in criminal or civil cases.

Rather than bringing charges for legal misconduct against John Yoo - the former DOJ counsel who wrote memos to justify torture - the Obama government instead provided Yoo with a government lawyer when the latter was sued by one of the Bush Regime's many victims.

The practice of issuing Westfall certifications is based on a judicial precedent, not on legislated law. The Obama administration could have chosen to declare Yoo's Westfall certification null and void, because his actions had involved the witting commission of crimes - in fact, constitutional violations.

As I wrote here years ago:

Yoo's legal opinions served as the basis for clearing illegal actions by the executive. If your lawyer advises you that you may commit an illegal act because in his opinion it is actually legal, he makes himself liable to prosecution, and you are still subject to prosecution for your crime. Both of you may face an additional conspiracy charge for your collusion in justifying that crime.

The difficulty is in demonstrating any one individual’s witting intent, although as a group they obviously set out to break the law and then did so. (This is why lawmakers invented RICO for going after organized criminal activity in which a refined division of labor and code of silence helps to shield individual conspirators.)

This is how it works: Yoo can issue a secret opinion that Cheney has the right to shoot you in the face. Gonzalez (or Ashcroft) then secretly but officially certifies that Yoo issued this opinion as part of his official duties at OLC. (This may later entitle Yoo to government defense under a precedent known as Westfall). Now Cheney can face-shoot you. Everyone's in the clear. Except you. As the face-shot victim, when you sue for damages (like Padilla has sued Yoo), Yoo's hope is that all future executive branches will not join the suit, but on the contrary must represent him in court thanks to his "Westfall certification." The Obama Justice Department, which should be hauling Yoo (and the rest) off in shackles, has in fact provided representation for Yoo. Cheney theoretically will get representation also, if his turn comes, thanks to Yoo's legal malpractice in issuing the memo that made a secret exception to the laws against face-shooting. Is Gonzalez in the clear? I'm sure somebody in the round-robin of preemptive exoneration issued a memo that covered his ass, too.


The latest argument therefore that the Obama administration has "not granted Bush immunity" is an example of completely irrelevant, legalistic hair-splitting. A cheap diversion. The administration paid for a lawyer to defend Yoo. Under these circumstances, what does it even mean to "grant immunity"?

Clearly, the Obama position is that nothing the Bush organization did even rises to the level of an offense actionable enough to bring immunity up as an option. To grant immunity would admit that something wrong may have been done. Obama administration officials instead chose to justify, to heroize, to valorize, and to follow in the footsteps of their criminal predecessors on many issues, including mass domestic surveillance and secret and unsanctioned military actions around the world.

84 replies = new reply since forum marked as read
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Grant immunity? Obama's making Bush criminals into heroes! (Original Post) JackRiddler Aug 2014 OP
So were we wrong about Bush or Obama? nt Nuclear Unicorn Aug 2014 #1
I think we were completely naive throughout the Bush administration regarding sabrina 1 Aug 2014 #3
We were right about Bush and wrong about Obama. enough Aug 2014 #9
i'm almost over it, but that is my experience as well..swallowed the whole hope and change bs xiamiam Aug 2014 #18
Sounds like you projected a lot. Knew he was a slight left moderate Dem from day one emulatorloo Aug 2014 #45
admittedly, i also believed his campaign rhetoric..mea culpa..nt xiamiam Aug 2014 #52
Several candidates ran to the left of him. I supported one of them emulatorloo Aug 2014 #55
Except for the massive expansion of NSA surveillance and drone warfare, enough Aug 2014 #58
Yeah, but if we were paying attention from the start... WhaTHellsgoingonhere Aug 2014 #60
Several candidates ran to the left of him. You musta missed that emulatorloo Sep 2014 #77
Brilliant WhaTHellsgoingonhere Sep 2014 #79
Let me add a few more exceptions: Obama's lies about his view on Congress's war powers, Vattel Sep 2014 #75
I think we were wrong with picking a lawyer. LiberalArkie Aug 2014 #25
Wise To Remember That Obama Won The Marketeer Of The Year In 2008 cantbeserious Aug 2014 #26
This message was self-deleted by its author emulatorloo Aug 2014 #54
+1 hifiguy Aug 2014 #53
I realized once and for all.. sendero Sep 2014 #66
...^ that 840high Sep 2014 #76
REC 1,000,000! choie Aug 2014 #2
Cass Sunstein explained why to let Bush and Cheney off the hook, all legal-like. Octafish Aug 2014 #4
Sunstein wasn't alone. OnyxCollie Aug 2014 #6
'Criminalization of policy differences' is how they got around prosecuting Iran-Contra traitors. Octafish Aug 2014 #11
would republicans have been successful loyalsister Aug 2014 #28
So, it's OK when Ford pardoned Nixon before a trial and conviction, too? Octafish Aug 2014 #36
Does that include the truth about Bill Clinton? loyalsister Aug 2014 #44
There is a class sociopathy involved. Laws only apply to mere mortals. The Aristocracy rules rhett o rick Aug 2014 #46
"all animals are equal, but some animals are more equal than others" heaven05 Aug 2014 #17
Yeah screw that. ncjustice80 Aug 2014 #57
Very interesting tie selection. Baitball Blogger Aug 2014 #5
and the body language..subtle, yet unmistakable xiamiam Aug 2014 #15
Bush Jr. standing ahead of the pack BuelahWitch Sep 2014 #64
Did you see Obama wore a tan suit last week? Outrageous! Fred Sanders Aug 2014 #27
Dave Letterman had a light tan suit on too... fadedrose Sep 2014 #70
Iran Contra, Savings and Loan crisis, mortgage fraud crisis, Enron, Goldman Sachs, BP, NSA, CIA, whereisjustice Aug 2014 #7
+1. SammyWinstonJack Aug 2014 #8
I think they already have the gold...nt freebrew Aug 2014 #19
This whole thread is a good read...so far. zeemike Aug 2014 #10
It's all a carefully choreographed dance to give us the illusion of democracy. EEO Aug 2014 #12
Disagree. JackRiddler Sep 2014 #67
But he signed Lilly Ledbetter nt tblue Aug 2014 #13
Yes he did. JackRiddler Aug 2014 #14
Somebody alerted on your post, here are your jury results: LeftyMom Aug 2014 #16
So alerters don't have to really explain why they're alerting leftstreet Aug 2014 #20
"Firebagger" is a favorite term of abuse among the pompom crowd. QC Aug 2014 #31
Words used by BFEE lovers. We have some sad little people on this site that get mad Rex Aug 2014 #34
it means "I believe that torturing captives and killing hundreds of thousands in wars of choice MisterP Aug 2014 #38
It would be nice to know who alerted on this. grahamhgreen Aug 2014 #21
somebody who uses the term "firebagger". that narrows it down. nt m-lekktor Aug 2014 #29
^^^ nt grasswire Sep 2014 #62
lol - spoke outside the free speech zone, over there, at end of the alley, behind the abandoned whereisjustice Aug 2014 #22
Somebody missed out on their ideal career... JackRiddler Aug 2014 #23
I believe if they do, they can't vote on Alerts. Octafish Aug 2014 #37
This is why anonymous alerting is bs... PoutrageFatigue Aug 2014 #24
Make alerters names visible and fix most this shit. nt Logical Aug 2014 #32
Yes BrotherIvan Sep 2014 #61
+1 grahamhgreen Sep 2014 #73
The reason that they aren't being prosecuted is that too many Democrats signed off on the crimes. Tierra_y_Libertad Aug 2014 #30
That's the big one. JackRiddler Aug 2014 #43
We ask: Ichingcarpenter Aug 2014 #33
It is simple, we live in a land where laws only apply to certain groups of people. Rex Aug 2014 #35
Pete Brewton: The Mafia, CIA & George Bush Octafish Aug 2014 #39
And the world has understood. JackRiddler Aug 2014 #40
True, our pretending that we can just ignore violations of our Consititution at will Rex Aug 2014 #42
Is it a exaggeration to believe that our Constitution has been rendered moot? nm rhett o rick Aug 2014 #48
Parts of it have imo. Rex Aug 2014 #51
Obama's actions are what led tiredtoo Aug 2014 #41
A whole bunch of posting on this site... JackRiddler Sep 2014 #68
So well said!!!! grahamhgreen Sep 2014 #69
You make an excellent argument, however, I believe that Pres Obama will grant pardons to rhett o rick Aug 2014 #47
Laws are rhetorical/social constructs, and nothing more. ZombieHorde Aug 2014 #49
Achtung! He vas only following orders! Demeter Aug 2014 #50
The Prisons should be full of Bush/Cheney Etc. colsohlibgal Aug 2014 #56
at least one membership of the Bush family has been neck deep in every US Doctor_J Aug 2014 #59
excellent OP, thanks. nt grasswire Sep 2014 #63
kick his thread like a soccer ball down the street reddread Sep 2014 #65
Bush Sr had a war and raised taxes to pay for it fadedrose Sep 2014 #71
Bush Sr is the most important unindicted war criminal of the last 100 years JackRiddler Sep 2014 #72
How so, Jack? fadedrose Sep 2014 #74
Absolutely agree enigmatic Sep 2014 #78
the big getaway n/t reddread Sep 2014 #80
Obama was a NWO stroke of genius n/t whatchamacallit Sep 2014 #81
It's the organic dynamics of power... JackRiddler Sep 2014 #83
That's right, I'm kicking this johnnyreb Sep 2014 #82
Oh no, would you do such a thing again?! JackRiddler Sep 2014 #84

sabrina 1

(62,325 posts)
3. I think we were completely naive throughout the Bush administration regarding
Sun Aug 31, 2014, 10:19 AM
Aug 2014

our belief that no one is above the law. People actually believed that and worked hard to make sure the criminals would one day be brought to justice.

That, looking back, was so incredibly naive. I do remember a few people telling us that but we usually thought of them as people who were simply trying to diminish the crimes or of some other ulterior motive. I wish I could apologize to them now. THEY were right, we were wrong.

enough

(13,259 posts)
9. We were right about Bush and wrong about Obama.
Sun Aug 31, 2014, 11:07 AM
Aug 2014

I'm pretty damn old, and I can't remember ever having been as wrong about a politician as I was about Barack Obama. One of the results is that I have never been as pessimistic about electoral politics as a tool for change as I am now, several years into the Obama administration.

xiamiam

(4,906 posts)
18. i'm almost over it, but that is my experience as well..swallowed the whole hope and change bs
Sun Aug 31, 2014, 11:55 AM
Aug 2014

and the smile ...yeah, i should have listened to the posters here who were warning us, but, i didn't..by 2010, i felt like I had been punched in the gut ...i've voted for 4 plus decades, and obama fooled me..once .

emulatorloo

(44,131 posts)
45. Sounds like you projected a lot. Knew he was a slight left moderate Dem from day one
Sun Aug 31, 2014, 01:55 PM
Aug 2014

Pretty much every thing in speeches and primary debates on policy made that clear.

emulatorloo

(44,131 posts)
55. Several candidates ran to the left of him. I supported one of them
Sun Aug 31, 2014, 05:11 PM
Aug 2014

But it was Edwards! So I would rather not think too much about that, lol. Talk about buying campaign rhetoric!

enough

(13,259 posts)
58. Except for the massive expansion of NSA surveillance and drone warfare,
Sun Aug 31, 2014, 08:59 PM
Aug 2014

the draconian posture on journalists and whistle-blowers, expansion of coastal oil-drilling, and a few other such pesky issues.

 

WhaTHellsgoingonhere

(5,252 posts)
60. Yeah, but if we were paying attention from the start...
Sun Aug 31, 2014, 11:51 PM
Aug 2014

we would have had every reason to believe he'd adopt these positions. Many here knew all that because they were paying close attention during the debates and stuff.

 

WhaTHellsgoingonhere

(5,252 posts)
79. Brilliant
Mon Sep 1, 2014, 06:55 PM
Sep 2014

He ran to the left of himself. You guys are so FOS about how y'all knew he was going to be *this* far right of center it's laughable. No one knew (period)

 

Vattel

(9,289 posts)
75. Let me add a few more exceptions: Obama's lies about his view on Congress's war powers,
Mon Sep 1, 2014, 10:32 AM
Sep 2014

his lies about NAFTA (remember the story about telling Canada not to worry), not mentioning that he would leave all the John Yoo types in the DOJ instead of cleaning house, suggesting he was seriously against torture when in fact the best he would do to prevent it would be to issue a meaningless executive order against some forms of it, his false promise not to renew the Bush tax cuts for the wealthy, his commitment to a public option for health insurance, falsely presenting himself as an opponent of the excesses of the Patriot Act (and then signing the reauthorization bill in 2009).

LiberalArkie

(15,719 posts)
25. I think we were wrong with picking a lawyer.
Sun Aug 31, 2014, 12:24 PM
Aug 2014

A lawyer really doesn't have opinions on things. It depends on what a customer wants. Like lawyers one day vigorously opposing something and the next moment with a different customer defending the law he opposed before. Their client tells them what is the truth. Obama did not have any opinions on DOMA or same-sex marriage and on so many other things. "Tell me what to think and I will think about it".

I hope we get a candidate who is not a lawyer, but someone who has some core beliefs be them a farmer or doctor or even a soldier, just anyone but a corporate executive or lawyer.

Response to cantbeserious (Reply #26)

sendero

(28,552 posts)
66. I realized once and for all..
Mon Sep 1, 2014, 08:27 AM
Sep 2014

.... they are all really working on the same team, and it is not us.

Octafish

(55,745 posts)
4. Cass Sunstein explained why to let Bush and Cheney off the hook, all legal-like.
Sun Aug 31, 2014, 10:22 AM
Aug 2014
Government Nanny Censoring "Conspiracy Theories" Is Also Responsible for Letting Bush Era Torture and Spying Conspiracies Go Unpunished

Washingtons Blog, Oct. 7, 2010

EXCERPT...

[font color="purple"]Prosecuting government officials risks a “cycle” of criminalizing public service, (Sunstein) argued, and Democrats should avoid replicating retributive efforts like the impeachment of President Clinton — or even the “slight appearance” of it. [/font color]

SOURCE w links n details: http://georgewashington2.blogspot.com/2010/10/main-obama-adviser-blocking-prosecution.html?m=1

PS: Thank you for an(other) outstanding OP and thread, JackRiddler. Lots to learn, for those who bother to read and think.
 

OnyxCollie

(9,958 posts)
6. Sunstein wasn't alone.
Sun Aug 31, 2014, 10:53 AM
Aug 2014
CORRUPTION IN THE PROCUREMENT PROCESS/OUTSOURCING GOVERNMENT FUNCTIONS: ISSUES, CASE STUDIES, IMPLICATIONS

PROF. NIKOS PASSAS
{Shortened version prepared by W. Black}

REPORT TO INSTITUTE FOR FRAUD PREVENTION
NORTHEASTERN UNIVERSITY, BOSTON
FEBRUARY 2007

This report emphasizes what criminology teaches about fraud and corruption by elites that have substantial governmental power or economic power (typically as CEOs). Often, of course, they have both forms of power simultaneously. Elite criminals (what Black refers to as “control frauds”) have far greater ability than non-elites to act dynamically to optimize the environment for fraud while “neutralizing” their crimes psychologically and obtaining substantial impunity. The first level of dynamism is that elites are able to choose to operate wherever the legal, political, economic and cultural environment is most criminogenic and the payoffs to abuse the greatest. The second level is that elites are able to change the environment to increase the “asymmetries” and make it far more criminogenic. Normally, thieves face a fairly symmetrical environment: to steal more they have to take greater risks of detection, prosecution and sanction. But elites can often produce an environment in which engaging in massive fraud and corruption increases one’s political power and status and greatly reduces the risks of detection and prosecution. Elite criminals optimize by creating fraud networks that help them maximize this asymmetry of risk and reward.


How Should the Next President Deal with the Bush White House's Crimes?
http://www.alternet.org/module/printversion/92829

Sunstein: In terms of holding Bush administration officials accountable for illegality, any crime has to be taken quite seriously. We want to make sure there's a process for investigating and opening up past wrongdoing in a way that doesn't even have the appearance of partisan retribution. So I'm sure an Obama administration will be very careful both not to turn a blind eye to illegality in the past and to institute a process that has guarantees of independence, so that there isn't a sense of the kind of retribution we've seen at some points in the last decade or two that's not healthy.

~snip~

Cass Sunstein: Well, there has been a big debate among law professors and within the Supreme Court about the President's adherent authority to wiretap people. And while I agree with Senator Feingold that the President's position is wrong and the Supreme Court has recently, indirectly at least, given a very strong signal that the Supreme Court itself has rejected the Bush position, the idea that it's an impeachable offense to adopt an incorrect interpretation of the President's power, that, I think, is too far-reaching. There are people in the Clinton administration who share Bush's view with respect to foreign surveillance. There are past attorney generals who suggested that the Bush administration position is right. So, I do think the Bush administration is wrong -- let's be very clear on that -- but the notion that it's an impeachable offense seems to me to distort the notion of what an impeachable offense is. That's high crimes and misdemeanors. And an incorrect, even a badly incorrect, interpretation of the law is not impeachable.

~snip~

When I talk about a fear of criminalizing political disagreement, I don't mean to suggest that we shouldn't criminalize crimes. Crimes are against the law, and if there's been egregious wrongdoing in violation of the law, then it's not right to put a blind eye to that. So I guess I'm saying that emotions play an important role in thinking about what the legal system should be doing. But under our constitutional order, we go back and forth between the emotions and the legal requirements, and that's a way of guaranteeing fairness. And as I say, very important to have a degree of bipartisanship with respect to subsequent investigations.


Letter from Ashcroft, Goldsmith, Comey, and Philbin to Sens. Pat Leahy and Arlen Spector
ashcroft_goldsmith_comey_and_philbin_to_pjl1
October 29, 2007

The Honorable Patrick J. Leahy
Chairman, Committee on the Judiciary
The Honorable Arlen Specter
Ranking Member, Committee on the Judiciary
United States Senate
Washington, D.C. 20510


Protecting carriers who allegedly responded to the government's call for assistance in the wake of the devastating attacks of September 11, 2001 and during the continuing threat of further attacks is simply the right thing to do. When corporations are asked to assist the intelligence community based on a program authorized by the President himself and based on assurances that the program has been determined to be lawful at the highest levels of the Executive Branch, they should be able to rely on those representations and accept the determinations of the Government as to the legality of their actions. The common law has long recognized immunity for private citizens who respond to a call for assistance from a public officer in the course of his duty. The salutary purpose of such a rule is to recognize that private persons should be encouraged to offer assistance to a public officer in a crisis and should not be held accountable if it later turns out that the public officer made a mistake. That principle surely applies here, especially given the limited nature of the immunity contemplated in the bill, which would apply only where carriers were told that a program was authorized by the President and determined to be lawful.

Failing to provide immunity to the carriers will produce perverse incentives that risk damage to our national security. If carriers now named in lawsuits are not protected for any actions they allegedly may have taken in good faith reliance on representations from the Government, both telecommunications carriers and other corporations in the future will think twice before assisting any agency of the intelligence community seeking information. In the fight against terrorism, information private companies have - particularly in the telecommunications field - is a vital resource to the Nation. If immunity is not provided, it is likely that, in the future, the private sector will not provide assistance swiftly and willingly, and critical time in obtaining information will be lost. We wholeheartedly agree with the assessment of the report accompanying the bill from SSCI: "The possible reduction in intelligence that might result from this delay is simply unacceptable for the safety of our Nation." S. Rep. 110-209, at 11.


Holder Says He Will Not Permit the Criminalization of Policy Differences
http://abcnews.go.com/Politics/story?id=7410267&page=1

As lawmakers call for hearings and debate brews over forming commissions to examine the Bush administration's policies on harsh interrogation techniques, Attorney General Eric Holder confirmed to a House panel that intelligence officials who relied on legal advice from the Bush-era Justice Department would not be prosecuted.

"Those intelligence community officials who acted reasonably and in good faith and in reliance on Department of Justice opinions are not going to be prosecuted,"
he told members of a House Appropriations Subcommittee, reaffirming the White House sentiment. "It would not be fair, in my view, to bring such prosecutions."


Holder: Won't criminalize terror policy disputes
http://www.guardian.co.uk/world/feedarticle/8470942

Associated Press Writer= WASHINGTON (AP) — Attorney General Eric Holder left open the possibility Thursday to prosecuting former Bush administration officials but ruled out filing charges merely over disagreements about policy.

"I will not permit the criminalization of policy differences," Holder testified before a House Appropriations subcommittee.

"However, it is my responsibility as attorney general to enforce the law. It is my duty to enforce the law. If I see evidence of wrongdoing I will pursue it to the full extent of the law," he said.


~snip~

"It is certainly the intention of this administration not to play hide and seek, or not to release certain things," said Holder. "It is not our intention to try to advance a political agenda or to try to hide things from the American people."

Octafish

(55,745 posts)
11. 'Criminalization of policy differences' is how they got around prosecuting Iran-Contra traitors.
Sun Aug 31, 2014, 11:09 AM
Aug 2014

Rather than address the unconstitutionality of it all, they decided to argue that violating the law and sending arms to the Contra-revolutionaries in Nicaragua would be OK. The arms for profit to the Ayatollah would help pay the bills and pay back old friends. Thus, Poppy pardoned his fellow traitors and got himself -- and his sons -- off the hook.





BUSH PARDONS WEINBERGER, FIVE OTHERS TIED TO IRAN-CONTRA

Calls Weinberger "true American patriot"

By Dian McDonald
USIA White House Correspondent, Dec. 24, 1992

Washington -- President Bush December 24 granted pardons to former Defense Secretary Caspar Weinberger and five other individuals for their conduct related to the Iran-Contra affair.

Bush said Weinberger -- who had been scheduled to go on trial in Washington January 5 on charges related to Iran-Contra -- was a "true American patriot," who had served with "distinction" in a series of public positions since the late 1960s.

"I am pardoning him not just out of compassion or to spare a 75-year-old patriot the torment of lengthy and costly legal proceedings, but to make it possible for him to receive the honor he deserves for his extraordinary service to our country," Bush said in a proclamation granting executive clemency.

The president also pardoned five other persons who already had pleaded guilty or had been indicted or convicted in connection with the Iran-Contra arms-for-hostages investigation. They were Elliott Abrams, a former assistant secretary of state for Inter-American affairs; former National Security Adviser Robert McFarlane; and Duane Clarridge, Alan Fiers, and Clair George, all former employees of the Central Intelligence Agency.

Explaining those pardons, Bush said the "common denominator of their motivation -- whether their actions were right or wrong -- was patriotism." They did not profit or seek to profit from their conduct, Bush said, adding that all five "have already paid a price -- in depleted savings, lost careers, anguished families -- grossly disproportionate to any misdeeds or errors of judgment they may have committed."

Asked about the pardons at a news conference in Little Rock, Arkansas, later in the day, President-elect Clinton said he did not have all the details on the matter and would withhold comment until he had had a chance to study the president's statement and related information.

However, Clinton said he was concerned "by any action which sends a signal that, if you work for the government, you're above the law, or that not telling the truth to Congress under oath is somehow less serious than not telling the truth to some other body under oath."

SNIP...

[font color="red"]Bush said the prosecutions of the persons he was pardoning on Christmas Eve represent "what I believe is a profoundly troubling development in the political and legal climate of our country: the criminalization of policy differences."[/font color]

CONTINUED...

http://fas.org/news/iran/1992/921224-260039.htm



Thank you for the excellent resources, OnyxCollie! Since the rise of Rome, the lawyers of Empire have worked whatever twists the law could bear to make injustice legal-like, even undoing what had been impossible -- undoing the past, by making legislation retroactive.

loyalsister

(13,390 posts)
28. would republicans have been successful
Sun Aug 31, 2014, 12:30 PM
Aug 2014

in suing a sitting president and turning his efforts to do his job into civil\criminal offenses if those things had been prosecuted? I think definitely.

Octafish

(55,745 posts)
36. So, it's OK when Ford pardoned Nixon before a trial and conviction, too?
Sun Aug 31, 2014, 12:59 PM
Aug 2014

My problem is that without a thorough investigation and trial, the truth about Watergate -- or Iran-Contra or any of the other assorted treasons from the October Surprise to Selection 2000 and beyond, and all their associated criminality -- never has the chance to be known by the public. When truth is "legally" buried, not only does it defeat justice, it defeats democracy.

loyalsister

(13,390 posts)
44. Does that include the truth about Bill Clinton?
Sun Aug 31, 2014, 01:52 PM
Aug 2014

I think the endless investigations for partisan gain (ie. whitewater, Fostergate, etc. I don't include zippergate, because Clinton left the trail for that himself) are probably what Ford was trying to prevent. No such luck. But, I completely understand the reasoning.

Who was going to investigate Iran - Contra and implicate their own party? Is there a statute of limitations for such investigations?

Sadly, what Bush did was legal via congressional approval. The most blatant lies were perpetrated by scapegoats. Bush was totally shielded. The selection of 2000 was also legally decided.

From what I understand, torture was not illegal, thus a gray area subject to policy positions in the US. But, not subject to legal investigation or prosecution.

 

rhett o rick

(55,981 posts)
46. There is a class sociopathy involved. Laws only apply to mere mortals. The Aristocracy rules
Sun Aug 31, 2014, 02:30 PM
Aug 2014

at the pleasure of the gods (or so they think).

 

heaven05

(18,124 posts)
17. "all animals are equal, but some animals are more equal than others"
Sun Aug 31, 2014, 11:53 AM
Aug 2014

Last edited Sun Aug 31, 2014, 08:40 PM - Edit history (1)

--Orwell--

The system has always been a 'good ole boys network'. They would NEVER be prosecuted, whether Obama was POTUS or any other Democrat or Independent. I guarantee you that if Bernie or Warren or anyone were in Obama's place, NOTHING would have been done to anyone in Bushco, ever. Period.

ncjustice80

(948 posts)
57. Yeah screw that.
Sun Aug 31, 2014, 06:56 PM
Aug 2014

So we abdicate our moral duty to prosecute war criminals? Bush, his cabinet, and other high ranking Repunlikanz should have been arrested and extradited to be dealt qith by either the UN or the peoples of Iraq and Afghanistan.

Baitball Blogger

(46,731 posts)
5. Very interesting tie selection.
Sun Aug 31, 2014, 10:45 AM
Aug 2014

The two Dems wore red. The two Repubs wore blue. And Obama wore blue, but posed with the Bushies.

I hope that when his presidency is over that he will be honest about how he felt during these moments. To hell with decorum.

BuelahWitch

(9,083 posts)
64. Bush Jr. standing ahead of the pack
Mon Sep 1, 2014, 02:53 AM
Sep 2014

looking for all the world like a gigantic baby with a huge turd in his diaper. Or a reanimated corpse. I can't decide which.

Fred Sanders

(23,946 posts)
27. Did you see Obama wore a tan suit last week? Outrageous!
Sun Aug 31, 2014, 12:30 PM
Aug 2014

Tea leaf reading is said to as effective as man suit reading.

And body language reading, now that is reliably useful stuff for pundits to fill the endless cable hours.

fadedrose

(10,044 posts)
70. Dave Letterman had a light tan suit on too...
Mon Sep 1, 2014, 10:06 AM
Sep 2014

that very same night. I am sure there is a conspiracy afoot . . .

Dave & the President almost never wear light tan.....hmmmm...........

whereisjustice

(2,941 posts)
7. Iran Contra, Savings and Loan crisis, mortgage fraud crisis, Enron, Goldman Sachs, BP, NSA, CIA,
Sun Aug 31, 2014, 10:57 AM
Aug 2014

Cheney, Rice, Wolfowitz, Rumsfeld, let's give them all a big fucking gold medal.

Just don't get caught smoking pot or driving while black, they'll beat you to a pulp and throw your ass in prison before you can say John Yoo.

zeemike

(18,998 posts)
10. This whole thread is a good read...so far.
Sun Aug 31, 2014, 11:08 AM
Aug 2014

But never think that crime does not pay...Because if you are in the big time it pays quite well indeed, and you never have to fear the law.

 

JackRiddler

(24,979 posts)
67. Disagree.
Mon Sep 1, 2014, 08:53 AM
Sep 2014

It's not that carefully choreographed.

Usually it's got no more art than the dynamics of crowds and performers in a sports stadium, which haven't changed very much since the days of the Coloseum, and which come naturally. (Today capital sits in the emperor's box.) The players know the game.

 

JackRiddler

(24,979 posts)
14. Yes he did.
Sun Aug 31, 2014, 11:42 AM
Aug 2014

And the voting clienteles of the Democrats are not just the tiny fraction of formal liberals and Third Way wonks and party hacks, but workers, women, blacks, immigrants, Latinos, the poor, LGBT, the subaltern classes, also genuine progressives, unions, teachers, most academics and scientists, people who understand the seriousness of the ecological crisis, people who want spending on health and education not military, and generally those who oppose war and profit-making and corporate control. This is the coalition who should be making the revolution, but they're not.

Are our conditions of life less oppressive under Democratic governments? Yes. More or less. Generally. Is this enough? No, and not just because the few reforms won are not enough. And not just because the wars and the plunder and the rule of Wall Street continue, and the planet itself continues to be burned, so that we will all lose our future. But because a scam cycle has been established. Status-quo Democrats disappoint, then are replaced by Genghis Khan Republicans who are revolutionary in pushing the country further right and making new breakthroughs in atrocity, causing everyone reasonable to run back to the status-quo Democrats and celebrate their return.

This game requires the two parties to be genuinely different from one another on many issues that matter, if not on the consensus of how the political economy and imperialism are supposed to work. Democrats make some real reforms on things that matter (like gay rights and Lily Ledbetter and the ridiculously byzantine inadequate reform of the health system which indisputably added coverage for 10 or 20 million people who didn't have it).

The general pattern is that Republican outrages in extending the power of the repressive and warmaking state and of capital are ambitious, and in your face, and often trampling the law. Later a Democratic admin effects a legalistic consolidation and expansion of the same outrages - even as the right-wing screams about socialism and the planned inadequacy of the Democrats sets up the next Republican government. Both end up making mincemeat of constitutional rule, but one with more the appearance of legality.

It's a real conundrum. But the fatal global crises are not being addressed!

LeftyMom

(49,212 posts)
16. Somebody alerted on your post, here are your jury results:
Sun Aug 31, 2014, 11:47 AM
Aug 2014
On Sun Aug 31, 2014, 03:28 PM an alert was sent on the following post:

Grant immunity? Obama's making Bush criminals into heroes!
http://www.democraticunderground.com/10025468649

REASON FOR ALERT

This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate.

ALERTER'S COMMENTS

More firebagger nonsense.

You served on a randomly-selected Jury of DU members which reviewed this post. The review was completed at Sun Aug 31, 2014, 03:37 PM, and the Jury voted 0-7 to LEAVE IT.

Juror #1 voted to LEAVE IT ALONE
Explanation: Alerter needs to lose their button.
Juror #2 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #3 voted to LEAVE IT ALONE
Explanation: I don't see anything against the forum rules here.
Juror #4 voted to LEAVE IT ALONE
Explanation: No one is obligated to read every thread. This one is on topic, within the ToS, not against CS, and it appears to have stimulated some discussion. But if you, Alerter, don't wish to see or to participate in it, please feel free to use all the available tools (Ignore, Trash thread, trash keyword, just pass on by) to customize your own DU experience. I see absolutely no reason for a jury to be involved on this post.
Juror #5 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #6 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #7 voted to LEAVE IT ALONE
Explanation: Many misjudge the entrenched bureaucracy that ANY President can do little about. He's there for 4-8 years. They are Lifers. And frankly, he has a family. Enough said.

Thank you very much for participating in our Jury system, and we hope you will be able to participate again in the future.

leftstreet

(36,108 posts)
20. So alerters don't have to really explain why they're alerting
Sun Aug 31, 2014, 12:04 PM
Aug 2014

Huh. I didn't know that

'more firebagger nonsense'

wtf does that even mean?



QC

(26,371 posts)
31. "Firebagger" is a favorite term of abuse among the pompom crowd.
Sun Aug 31, 2014, 12:37 PM
Aug 2014

The implication is that progressives are really the same thing as teabaggers. Yes, it's dumb, but we're not dealing with people capable of subtle reasoning here, as this particularly boneheaded alert makes clear.

 

Rex

(65,616 posts)
34. Words used by BFEE lovers. We have some sad little people on this site that get mad
Sun Aug 31, 2014, 12:46 PM
Aug 2014

if you bring up the BFEE...I know, you would think only trolls would do that...but alas, we have a BFEE cheerleading squad here that is PROUD!

MisterP

(23,730 posts)
38. it means "I believe that torturing captives and killing hundreds of thousands in wars of choice
Sun Aug 31, 2014, 01:02 PM
Aug 2014

isn't just a policy difference, it's an expression of genuine patriotism that just went awry"

whereisjustice

(2,941 posts)
22. lol - spoke outside the free speech zone, over there, at end of the alley, behind the abandoned
Sun Aug 31, 2014, 12:13 PM
Aug 2014

warehouse, next to the railroad tracks, where the cops are waiting, badges removed.

 

JackRiddler

(24,979 posts)
23. Somebody missed out on their ideal career...
Sun Aug 31, 2014, 12:16 PM
Aug 2014

as a censor with the Soviet propaganda ministry.

Maybe they can still get a job at the NSA to search out the "terrorists" among the Quakers and Occupy activists. Is Joe Lieberman's commie-hunting outfit still around? Too bad about Ratzinger, I think Francis has cut the budget for the Office of the Inquisition.

If they're still young and their IQ is low enough, maybe they can take the cop test.

Etc.

HEY ALERTER!

Come in here and have an open debate on the merits and using reason - like a Democrat! Why won't you? What do you fear?


Thanks for this, LeftyMom - very choice stuff. It's not the most important thing in the world, but the fundamentalism and Stalinoid thinking on this board also needs to be exposed.

 

Tierra_y_Libertad

(50,414 posts)
30. The reason that they aren't being prosecuted is that too many Democrats signed off on the crimes.
Sun Aug 31, 2014, 12:36 PM
Aug 2014

Having your own people complicit in the crimes is definitely a brake on prosecuting the other people.

 

JackRiddler

(24,979 posts)
43. That's the big one.
Sun Aug 31, 2014, 01:43 PM
Aug 2014

And when a Democrat becomes president, then the crimes continue but with better legal cover. The system is consolidated. Bush's parapolitical surveillance state, a revolutionary achievement, is rendered legal and established, and expanded, and defended in public. Hooray for the rule of law!

This is not what Democrats must be.

Ichingcarpenter

(36,988 posts)
33. We ask:
Sun Aug 31, 2014, 12:43 PM
Aug 2014

We ask:

“Did any CIA agent get indicted for torturing people? No.

“Did any CIA agent get indicted for destroying the videotapes that showed the torture? No.

“Did any CIA agent get indicted for murdering prisoners in Abu Ghraib prison in Iraq? No.”


“We tortured some folks,” the president said in an Aug. 1 White House press conference.



Aren’t We The People also entitled to know the true names of high-level CIA personnel who tortured at will, as well as the presidents and members of the Judiciary Committee who gave them the authority to?



Here’s one from Alex Kane of AlterNet: “CIA went beyond legal memo. In 2002, the Justice Department’s Office of Legal Counsel drafted a report authorizing CIA torture, saying that the use of waterboarding, sleep deprivation and stress positions were perfectly legal. It was written by Deputy Assistant Attorney General John Yoo” (who is still a University of California law school professor and frequent writer-lecturer) …

“But even that memo attempting to legalize torture wasn’t enough for the CIA … McClatchy reported that the CIA went beyond what it was authorized to do by the Bush administration.

“In a phone interview with AlterNet, (Jason) Leopold (of Al Jazeera America) said this revelation casts a harsh light on the Obama administration’s arguments that those who relied on Department of Justice legal advice shouldn’t be prosecuted.

“?‘It literally demolishes any rationale that Obama and (Attorney General Eric) Holder had for not investigating, for not bringing criminal charges, or even launching a criminal inquiry against people who were responsible for implementing this,’ said Leopold” (“5 Explosive Revelations Leaked From Senate Report Exposing CIA Torture,” Alex Kane, AlterNet, April 15).

 

Rex

(65,616 posts)
35. It is simple, we live in a land where laws only apply to certain groups of people.
Sun Aug 31, 2014, 12:52 PM
Aug 2014

If you are a part of the BFEE, you are above the law...that has clearly been demonstrated from the early days of the S&L scandals. We only respect the law if it applies to normal citizens. If the PTB start an illegal war, then they are immune from prosecution in the United States.

We made that clear to the world.

Octafish

(55,745 posts)
39. Pete Brewton: The Mafia, CIA & George Bush
Sun Aug 31, 2014, 01:05 PM
Aug 2014

Pete Brewton's book, “The Mafia, CIA & George Bush,” is a must-own for those interested in the workings of the Bush Organized Crime Family. Written by a former Houston Post reporter, the book documents, literally, the way the Mafia, the CIA and those connected and related to George Poppy Bush -- and to the late Lloyd Bentsen -- looted more than 1,000 of the nation’s Savings and Loans institutions — and pretty much got away with it, scot-free.





So, there's that to Alert on.
 

JackRiddler

(24,979 posts)
40. And the world has understood.
Sun Aug 31, 2014, 01:09 PM
Aug 2014

The superpower aggression of 2003, and the failures to hold the perpetrators accountable either in 2006 or after 2009, were a signal to all the world's junior imperialist powers: go for it!

The hypocrisy of the American rhetoric around the present Ukraine situation is a great example. If you had held Bush and Co. accountable, you might have had the moral standing to pontificate about Putin today (although not when you're also backing Kiev's aggressions against its own people, but anyway).

 

Rex

(65,616 posts)
42. True, our pretending that we can just ignore violations of our Consititution at will
Sun Aug 31, 2014, 01:29 PM
Aug 2014

even by the highest people in power, made the rest of the world a much more unstable place. They see the total lip service we give to our own justice system and think 'why not us too'?

 

Rex

(65,616 posts)
51. Parts of it have imo.
Sun Aug 31, 2014, 02:45 PM
Aug 2014

The 1st amendment has really taken a beating over the past decades. However the 2nd seems to be untouchable.

tiredtoo

(2,949 posts)
41. Obama's actions are what led
Sun Aug 31, 2014, 01:19 PM
Aug 2014

Many of his youthful supporters to become Paul supporters. They were promised change and got nothing. At least that was what they perceived. Some went tea party way until tea party was co-opted by Republicans. They then went Occupy and still did not find what they wanted. Paul's rhetoric appears to offer them the change they are craving. Only the wise know Paul's libertarian ways are the ways of the Koch brothers and the one percent. The corporate masters that still control our government.


 

JackRiddler

(24,979 posts)
68. A whole bunch of posting on this site...
Mon Sep 1, 2014, 09:07 AM
Sep 2014

Last edited Mon Sep 1, 2014, 10:11 AM - Edit history (1)

is devoted to absolving the administration and the Democratic leadership of their role in this. The bait-and-switch of liberatory rhetoric during campaigns followed by total obedience to corporate capital once in power, causes many people to turn to the snake oils of the paleocons and ostensibly anti-statist libertarians.

People are disaffected with repression and the surveillance state, war on drugs, militarism and imperialism, and the general kowtow to bankers and corporations and neoliberal policy. Seeing what the Democrats do, they fall for the rhetoric of the libertarian salesmen.

In response, instead of calls for the Democrats to finally start doing the right things on these issues, you have all the posts here demonizing, not just the Pauls (and rightly so, for the most part) but also attacking anyone who is concerned with these issues. Altogether superfluous "Fuck Paul" threads become a daily, ritualized two-minutes hate.

The point, again: to absolve Democratic leadership of their role, to present them as blameless and entirely good. It must be screamed and repeated that Democrats are actually extremely progressive and getting all they can against the Republican opposition on all these issues (within the realm of the possible, you understand, don't be naive and don't be asking for no ponies, kay?). Anyone who says otherwise (even if from a leftist critique) is secretly or unconsciously WORKING FOR PAUL!!! A total dichotomy is set up. Its logic is team fandom: Are you with us, or are you with Rand Paul?

One wishes this kind of dichotomy would be reserved (and actually used) where it makes sense: For example, Are you for the survival of the human species, or are you with the fossil fuel industry? Are you for human rights, or are you for a surveillance state? Are you for human rights and justice, or are you for continuing drug prohibition? Are you for reality, or do you think permanent-growth economics can be sustained in the long term?

Instead we're asked if we fly a blue flag or a red one.

 

rhett o rick

(55,981 posts)
47. You make an excellent argument, however, I believe that Pres Obama will grant pardons to
Sun Aug 31, 2014, 02:35 PM
Aug 2014

the Bush War Criminals. The justification of course will be to close the door to the past and allow the country to move forward.

ZombieHorde

(29,047 posts)
49. Laws are rhetorical/social constructs, and nothing more.
Sun Aug 31, 2014, 02:40 PM
Aug 2014

They are used as a persuasion tactic to control some people's behavior.

colsohlibgal

(5,275 posts)
56. The Prisons should be full of Bush/Cheney Etc.
Sun Aug 31, 2014, 05:12 PM
Aug 2014

It's like they got off scot free after getting rich by lying us into a war after the still questionable to a lot of us 9/11. Oh and all after not even really having been elected in the first place.

Obama and his team aren't the only ones culpable for letting justice slide. Also to blame is the figurative coma way too many citizens seem to be in.

 

Doctor_J

(36,392 posts)
59. at least one membership of the Bush family has been neck deep in every US
Sun Aug 31, 2014, 11:40 PM
Aug 2014

disaster for the last 80 years. No one will take them on.

fadedrose

(10,044 posts)
71. Bush Sr had a war and raised taxes to pay for it
Mon Sep 1, 2014, 10:11 AM
Sep 2014

and didn't get elected because of it....No New Taxes, I think is what got him into trouble. I rather liked him for that.

Bush Jr is/was not bright enough to answer Cheney and company's excuses/reasons for war. I think he was as duped as some of those in the Congress who are normally doves...and painting puppies is therapy.

 

JackRiddler

(24,979 posts)
83. It's the organic dynamics of power...
Wed Sep 3, 2014, 10:06 PM
Sep 2014

under a capitalist system of centuries with an imperial history of millennia to draw upon. "NWO," whatevs. We have a visible ruling class and they are in a web of international alliances with other ruling elites creating global institutions for exercising private power.

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