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Torquemada's Collapse


One wonders if all torturers are seized by their consciences at moments.


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From your link:

"I have said repeatedly that America doesn't torture, and I'm going to make sure that we don't torture," Obama said Sunday on CBS' "60 Minutes." "Those are part and parcel of an effort to regain America's moral stature in the world."

It is words like these that are unworthy of America.

Is the problem with torture only that it is damaging to our "moral stature?"

If it comes to that, Obama should stop worrying; in the eyes of the world, we are justly regarded as moral pygmies.

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One hopes they are.

There is no reason to dispair that tortured people will never get justice. Once the current administration leaves office, victims of it can seek belated justice using a number of laws:

Alien Tort Claims Act
Detainee Treatment Act
Torture Victims Protection Act
War Crimes Act
"Section 1983" the Civil Rights Act of 1871

plus in the international courts, the Geneva Conventions, the Rome Statute, etc. etc.

All the Obama administration need do is step aside and let it happen. And I hope it does.

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When i read the actual text of the comments he prepared, I am aghast that he managed to pen any of these words without suffering an aneurysm:

"Indeed, this Administration's judicial legacy includes 61 judges appointed to the courts of appeals and 261 judges appointed to the district courts. The President and the members of his Administration will leave office in January, but these good judges will remain in place, many for decades to come.
The Federalist Society should be proud of the role it played in supporting these judges, but it also should be proud of the basis on which it did so. As the members of this Society recognize, the core meaning of judicial independence is independence from the political pressures and fashions of the moment. Otherwise, judges become simply politicians who are independent only in the sense that they have life tenure and so are not subject to the discipline of the political process -- namely, elections. Although judges are appointed through a political process, once they take the oath, they are confined to exercising a power that is, under Article III, judicial only. Which is to say, one that should involve a faithful, not a fanciful, reading of the laws and the Constitution."

http://www.marketwatch.com/news/story/story.aspx?guid={45019535-E373-4D94-AE50-2122466A7870}

This man truly astounds me. Chuck Schumer should be proud- he found the one jurist in the world to match the preening hypocrites found in John Webster's masterpiece, "The White Devil," who drew from Vittoria Carombona the immortal words:

"A rape! a rape! Yes, you have ravisht Justice;
Forc'd her to do your pleasure."

http://www.gutenberg.org/etext/12915

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Mukasey sorely disappointed a number of people, Scott Horton and I not the least of them.

Under his tenure the DOJ became a second-rate defense law firm for the Executive Branch.

I would love to see Marty Lederman be tapped to take over the OLC in the next administration.

I would nominate a complete outsider, Steven T. Wax, to take the helm.

Loved your comment.

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Scott horton has a very good article in the new harper's, which, unfortunately, I have not been able to read in its entirety, since articles like this make me apoplectic.
So I prefer to refract my emotions in Webster's works, which are, among many other things, the most damning portrayals of Mukasey's sort of legal parasite extant. "The White Devil," its companion play "The Duchess of Malfi," and the aptly titled "Devil's Law Case" should be required reading for all students of corruption in high places.
I second the pick of Lederman!

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diachronic

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