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Bush: Torturer-in-Chief

Law Professor Marjorie Cohn at Jihad Unspun examines the Bush Administration's conflicting legal positions on torture in George Bush: Torturer-in-Chief. She concludes that his actions warrant impeachment. She's not the only one. This week more than 400 legal scholars signed a letter asking Congress to consider impeaching President Bush. If he had more time left in his term, we'd agree. Right now, we think it's easier just to elect John Kerry. But Cohn's article is insightful and well worth a read:

Cloaking themselves in the "War on Terror," Bush and his minions methodically wove an intricate web of deception to convince the American people that Saddam was about to launch the "mushroom cloud," ending civilization as we know it. It was our mission, Bush preached, to save the Iraqis from Saddam-the-torturer. But a telling phrase in Bush’s January 2003 State of the Union Address should have prepared us for the emergence of Bush-the-torturer.

Did Bush commit any crimes?

If Bush knew or should have known about the torture, and failed to stop or prevent it, he could be liable for "command responsibility" if prosecuted under the War Crimes Act or the Torture Statute. A federal court in Miami in July 2002 held two retired Salvadoran generals liable for torture, even though neither had perpetrated or ordered it.

That likely won't happen. Nor will impeachment so close to the election. But read once more some of the charges leveled by Iraqi prisoners against the U.S. As Cohn says, "These accounts do not describe conduct befitting a civilized country."

On January 21, 2004, a prisoner gave a sworn statement to the Washington Post about his experience in Abu Ghraib. He reported being beaten on his kidneys and ear until he lost consciousness, being tied to the window with his hands behind his back until he lost consciousness, and being sodomized with a stick about 2 centimeters into his anus.

Sgt. Greg Ford, a California National Guardsman, said he repeatedly revived prisoners who had passed out after being choked in an Iraqi police station. Ford saw a soldier stand on the back of a handcuffed detainee’s neck and pull his arms until they popped out of their sockets. "Twice I had to pull burning cigarettes out of detainee’s ears," according to Ford.

Another former National Guardsman was choked and beaten to the point of brain damage, while acting as a detainee being beaten by fellow military policeman during training at Guantanamo.

Here's her bottom line:

George W. Bush came into the White House - albeit through the back door - pledging to restore honor to the White House. Instead, he has dishonored America by leading us into an illegal war under false pretenses. In light of the Defense and Justice Department documents, there is probable cause to believe that the commander-in-chief condoned the methodology of torture to secure information from prisoners.

The Constitution mandates the impeachment of a President for high crimes and misdemeanors. There is no higher crime than a war crime. Willful killing, torture and inhuman treatment constitute grave breaches of the Geneva Convention, which are considered war crimes under The War Crimes Act of 1996. Even if Bush’s lawyers could successfully parse the meaning of torture, they cannot deny that the atrocities we’ve seen constitute inhuman treatment.

Bush impliedly admitted sanctioning willful killing, torture and inhuman treatment in his 2003 State of the Union Address. He would be liable under the doctrine of command responsibility for war crimes committed in Iraq as well. The captain goes down with his ship. It is time to call for the Impeachment of George W. Bush.

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