War Crimes Investigation Ahead? (No according to Military Commissions Act of 2006)

The Opinionator blog ^ | April 10, 2008 | Chris Suellentrop

[blueyon]

Remember that sections 8 and 6(b) of the Military Commissions Act of 2006 effectively insulated government officials from liability for many of the violations of the War Crimes Act they might have committed during the period prior to 2006. Moreover, as Marty [Lederman, a Georgetown law professor and Balkinization blogger] has pointed out, there’s a strong argument that a later Justice Department would not prosecute people who reasonably relied on legal advice from a previous Justice Department. Perhaps the Justice Department could argue that the officials’ reliance was unreasonable, but that might be difficult to show.

[blueyon]

Most of the story is the same old same old. But I find it interesting that according to sections 8 and 6(b) of the Military Commissions Act of 2006, it basically says government officials (Bush, Cheney, Rice and others) can not be held liable. Yet Obama in all his 100 days of wisdom is trying to stir this up. What is he trying to do with out being seen? Be watchful!

[driftdiver]

What he’s doing is eliminating the ability of any force to be agressive in their procedures to protect America.

Each and every soldier or spy will need a lawyer assigned to tell them when they can pull the trigger.

[plain talk]

Obama wants them to be considered guilty by the public and then gracious most merciful Obama will say that they wont be tried and show his mercy.

[penelopesire]

“What is he trying to do with out being seen? Be watchful!”

Iraq is beginning to blow up again ever since Obama went on his Mid East apology tour and announced a timetable to withdraw. By releasing the photos and memos, the Obama administration will have a ready answer for why they snatched defeat from the jaws of victory in Iraq. They will blame it on Bush, Abu Graib, Gitmo and enhanced interrogation techniques.

In my humble opinion, that is why they are desperate to keep this stuff in the news. Bombings in Iraq are increasing everyday..just like many of us knew it would when Obama was elected. The media is going to have to start reporting on it soon and now they can ‘ponder’ if it is because of the ‘Bush Administration’.

[blueyon]

“Iraq is beginning to blow up again ever since Obama went on his Mid East apology tour and announced a timetable to withdraw. By releasing the photos and memos, the Obama administration will have a ready answer for why they snatched defeat from the jaws of victory in Iraq. They will blame it on Bush, Abu Graib, Gitmo and enhanced interrogation techniques.
In my humble opinion, that is why they are desperate to keep this stuff in the news. Bombings in Iraq are increasing everyday..just like many of us knew it would when Obama was elected. The media is going to have to start reporting on it soon and now they can ‘ponder’ if it is because of the ‘Bush Administration’.”

Thanks for connecting to dots. I posted this today but did not think about it in that light until your reply.

http://www.freerepublic.com/focus/f-news/2238238/posts

[penelopesire]

You nailed it in the other thread.The media doesn’t want to cover anything that might tarnish their messiah.

Our prayers need to go up tonight for those soldiers because Obama is out for Obama and if he thinks he can get some preening adoration from his cult if he throws our soldiers to the wolves..he is just narcissistic enough to do it.

[17th Miss Regt]

Each and every soldier or spy will need a lawyer assigned to tell them when they can pull the trigger.

You are probably right. But will the soldier be able to rely on the legal advice when the lawyer tells him it is OK to pull the trigger? That scenario has not yet come to pass that I know of, but it is clearly what might happen in the very near future.