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Goldsmith: Legal Memos Were "Advance Pardons" for Lawbreaking

Why did Dick Cheney's lawyer David Addington get so upset over rescinding this or that Office of Legal Counsel memorandum? The purpose of the OLC's review process is to collect legal guidance about courses of prospective policies an administration might want to pursue. Under the Bush administration, however, OLC review became a waiver of immunity for breaking the law. From Jeff Rosen's profile of Jack Goldsmith:

[T]he office has two important powers: the power to put a brake on aggressive presidential action by saying no and, conversely, the power to dispense what Goldsmith calls “free get-out-of jail cards” by saying yes. Its opinions, he writes in his book, are the equivalent of “an advance pardon” for actions taken at the fuzzy edges of criminal laws.

Recall that after the news of the August 1, 2002 OLC torture memo broke, then-AG John Ashcroft testified to the Senate that "There is no presidential order immunizing torture." Maybe not from the president. But according to Goldsmith's account, immunization from prosecution is the elephant in the room when administration lawyers discussed in 2002 what CIA interrogators could lawfully do to al-Qaeda and Taliban detainees. John Yoo, the zealous OLC lawyer who helped pen the August 2002 torture memo, was a "godsend" to an administration fearful of eventual war-crimes prosecution, Goldsmith tells Rosen, as his memos provided tacit guidance on how CIA interrogators could violate the Geneva Conventions and the Federal Torture Statute.

Signing off on memoranda that appear to green-light lawbreaking is what sunk John Rizzo's nomination to become CIA general counsel. The lesson? Don't tap anyone to a position requiring Senate confirmation with a paper trail indicating the legality of torture. There's a reason, after all, why David Addington survives as senior White House staff and not as a chief of any executive agency.


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Pre-meditated war crimes.

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>Pre-meditated war crimes.

That's why one of the VERY FIRST STEPS the administration took was to withdraw the US' signature from the treaty establishing the International Criminal Court.

http://www.nytimes.com/2001/06/13/world/13GENO.html?ex=1189051200&en=e36d08b7d75b50d6&ei=5070

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Goldsmith is a brilliant, dangerous animal. His work with the odious Haynes at the Pentagon says alot about him. Just because he says a few things we might like does not mean he is totally a good guy.

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This is akin to "torture warrants" recommended for use in Israel by Alan Dershowitz.

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"Our is not to question why. Ours is but to... vote in folks who call themselves Christians and give them the power to torture... and not be prosecuted..."

We have been looking at the beginning of the demise of our democracy and the rise of demigods with enough nuclear power to destroy our entire planet. "We the People"'s consolation will be that when every living being is destroyed, our preplanning will insure that it will have been perfectly legal....

Notice 1st that impeachment is off the table.

Notice again that absolutely NO laws and penalties have been introduced to prevent any of these actions in the future.

Finally, notice that historically, our leaders DO NOT learn from history.

Apparently, neither do we... so it's just a matter of time, now. Of course, it won't be OUR fault now, will it...

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"Under the Bush administration, however, OLC review became a waiver of immunity for breaking the law."

Not a waiver, surely. A Write of Immunity, perhaps?

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If there is anything like justice when it comes to the Bush cabal, David Addington will one day be found in Ft Marcy Park. Admiring the 'scenery' in some way I imagine. Ahem.

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All these outrages are lessons learned while all of these criminals were a part of the Nixon regime... and the lessons learned were, "How not to get caught this time around."
(And if you don't realize how many of these crooks lurked around the Nixon White House as young men, PLEASE read a book or two. I promise, it will be very enlightening.)

They almost got caught with Iran-Contra, but ex-CIA Director and fellow culprit GHW Bush won in 1988 and was able to cover their tracks.

What must they currently be doing behind closed and double-locked doors, now that even larger House and Senate majorities loom after they leave(?) in 2009, as well as a likely Democratic White House?
I shudder to think.

And there's really no way to stop it, as long as Republicans continue to rubberstamp Bush/Cheney.

I hope everyone keeps in mind that Cheney vetted all these Republican leaders for his own job, and so he knows every bit of self-confessed dirt on them -- and then some, I'm sure.
[aside: It is also my contention that he had Rove fired. No explanation makes sense to me, except a pissing contest that actually showed us that Rove is just an ordinary workerbee too, exposed as a lightweight compared to the current power of the Office of the Vice President.]

What to do about David Addington being a part of our government right now?
Unfortunately, I have no idea.

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Write = Writ

(See above.)

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Someone's going to paste a 200 line impeachment manifesto in 5...4...3...2...

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I don't know anything about a Rove firing or anything like that, but couldn't it just be that in the home stretch of the Bush/Cheney administration that his skills just aren't necessary for lame-duck governance? The subtlety and inventiveness he brought to the White House is unecessary since it seems they're having to fight Cheney-style from here on out.

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This is THE Constitutional "loophole", my friends.

Someone, somewhere got this very notion -- to use lawyers' opinions as the means to permit...well, absolutely anything. Clever bastards, those GOP wonks... My personal guess is Rove had the brainstorm; seems his style.

Consider the list:
- Torture? Get a lawyer to redefine it.
- Indefinite detention without recourse to a court of law? Make up a new term for "prisoner of war."
- Want to issue Constitutionally-violating "signing statements"? Have an Administration lawyer sign off. Done.
- Lying repeatedly to Congress? More legalistic parsing about "inaccurate," "inoperative," or "incomplete" answers. Or just say "it was technically correct" -- brazen it out, like Gonzales kept doing.
- Create an Imperial "unitary" Presidency by claiming (falsely) that it's what the Constitution's founders wanted, 'checks-and-balances' be damned.
- Pesky laws and treaties, such as the FISA courts and the Geneva Conventions, not to mention laws outlawing torture? Get a White House counsel to sign a paper saying the President can ignore all those things at will.

All papered over neatly with attorneys' memos, with the firm belief that these legal "opinions" have enough merit to protect against any prosecutions, no matter how flagrant the crimes.

Hell of a loophole, eh? Wonder if anybody has the courage to close it before the grand experiment in Democracy falls finally to overt autocracy.

I'd wager my right arm that if Congress passes even a watered-down resolution calling for any withdrawal of American troops from Iraq, the White House will simply produce a lawyer's memo saying Bush doesn't have to obey. Easy-peasy.

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Fortunately these Writs of Impunity are worthless abroad. I want to see the entire lot of them rendered to an ICC signatory - South Africa perhaps - and then subsequently Pinocheted before an open tribunal, with lawyers and judges representing the various domestic legal systems questioning the cowards, traitors, and criminals that make up the Bush Crime Family, under penalty of perjury.

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Since a mere lawyer's opinion is apparently all that is required to provide immunity in Bush World, I am presently seeking an attorney who will provide me with a Writ of I Don't Have to Pay My Taxes.

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"It is also my contention that he had Rove fired."

I tend to think that Rove's resignation, as well as Gonzales', were given in exchange for a promise of immunity to Bushco in the form of the recent FISA capitulation and a further retreat from impeachment. Why would Bush willingly surrender his two most effective firewalls unless he was provided a substitute in the bargain?

Impeachment is so far off the table now that an angry citizentry will have to dig it up in the backyard and drag it inside if they want to put it back on the menu.

Both sides are now running out the clock.

And justice is not only blind, but invisible.

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What this seems to indicate is an attempt by the White House (or by other parties in cooperation with the White House) to utilize OLC opinions to constrain prosecutorial discretion. This fits quite nicely into the pattern of abusing prosecutorial discretion for all kinds of purposes (prosecute voter fraud to suppress minority voting, fail to prosecute Republican corruption to maintain the majority). The need to revive the independent counsel statute is obvious.

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There are no "fuzzy edges" to torture law.

There is only the "fuzzy logic" of war criminals pathetically trying to "pardon" themselves.

Failure to impeach, then prosecute is complicity -- approval -- exoneration for the regime.

We dare not "stay this course."

--
SC: news -- more's the pity

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The very first thing that the next President should do is to instigate an investigation *every* crime that this bunch of clowns has dumped on us. I don't want to hear even a whisper of "Our long national nightmare is over, now let's move on" from the next administration...the crimes of Cheney and company have got to see the intense light of day, be properly punished (even if we have to use their own standards of "interrogation" to make it happen) and then find permanent implantation in our nation's history books, so that the friends of these criminals can't come back with their revisions of what happened. This can't be papered over and anyone who tries it should be made such a laughingstock that any further attempts will be dropped...the Bill Bennetts and Armstrong Williams' of this world should forfeit their careers as recompense for their lies.

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The very first thing that the next President should do is to instigate an investigation *every* crime that this bunch of clowns has dumped on us. I don't want to hear even a whisper of "Our long national nightmare is over, now let's move on" from the next administration...the crimes of Cheney and company have got to see the intense light of day, be properly punished (even if we have to use their own standards of "interrogation" to make it happen) and then find permanent implantation in our nation's history books, so that the friends of these criminals can't come back with their revisions of what happened. This can't be papered over and anyone who tries it should be made such a laughingstock that any further attempts will be dropped...the Bill Bennetts and Armstrong Williams' of this world should forfeit their careers as recompense for their lies.

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This "legal opinion" crap is the same thing tax dodgers use in tax shelters...they get a legal opinion that sez "It's okay!" and then wave it around when the IRS lawyers come a calling.

Similarly, if you look at Busholini's business endeavors, you will find a similar "rubber stamp of legality" all over the place...in order to cheat shareholders and commit, basically, fraud and insider trading with practically impunity.

Is it any wonder that Enron occurred and that the folks perpetuating it were good friends of the Bush League?

There is a big difference between enforcing the law and bending it all the time to suit the scam de jour. Let's hope the Congress and the American people have had enough of this sort of flim-flammery.

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So, EH, by fighting Cheney style did you mean shooting people in the face and making them apologize?

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I agree with Jan above- Cheney is now running the show, the surge/petraeus theater is cover for Cheney getting ready to attack Iran, after all he's got only one more year to blow up the rest of the middle east.

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Hi!

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The good news is that when Addington is prosecuted for Treason, either as an Accessory before or after the fact, or as a co-conspirator to commit treason, or just for War Crimes, it doesn't matter. He's certainly NOT a flight risk. Addington will be one of the first indicted by the ICC for War Crimes. He will Never Again leave the United States.

The same good news goes for the rest of the criminal cabal infesting the White House. They will all be sitting ducks unable to escape their downfall.

Little Georgie won't be safe in his new "ranch" down in Paraguay either...


ITMFA

Since when is a memo the last word on law?

Bill Clinton should have had a lawyer draft a memo saying that lying about personal relationships is a president's perogative and not illegal.

There, done!

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