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Bush Admin Can’t Count on Torture Memos for Cover

President George W. Bush isn’t likely to pre-emptively pardon himself and his senior cabinet and other officials who authorized the use of torture in

Jul 31, 2020
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President George W. Bush isn’t likely to pre-emptively pardon himself and his senior cabinet and other officials who authorized the use of torture in interrogation of suspected terrorists, in blatant violation of domestic, constitutional and international law, The Wall Street Journal reportedon Tuesday.
That’s not because of any newfound respect for the rule of law, or the international reputation of the United States, though — it’s because they believe it’s not necessary.
They’re counting on what Harvard Law Professor Jack Goldsmith has called the “golden shield” that Bush officials created with the torture memos written by Office of Legal Counsel deputy John Yoo and colleagues, at the direction of Vice President Dick Cheney.
I guess Bush administration officials aren’t reading TWI, wherewe explained whythose memos probably won’t provide the legal cover they’re seeking. If the legal opinion a lawyer offers is just blatantly wrong — like, for example, the opinion that torture is legal, or that waterboarding isn’t torture— then it becomes unreasonable for the president, vice president and other senior government officials to rely on it.
Moreover, if the legal opinions are issued after the torture had already begun, as appears to be the case, then they really don’t provide an excuse for the actions. They also make the whole post-hoc legal justification process look mighty suspicious.
Jonathan Turley, appearing on MSNBC’s “The Rachel Maddow Show” Tuesday night, agreed. So did about a dozen lawyers and constitutional law professors I spoke to for the earlier story.
If these memos fail to give Bush administration officials the cover they’re seeking, as many predict, then the next step will be up to the new Obama administration and congressional Democrats.
Let’s see if they have the spine to show the world that the days of executive lawlessness are over.
Update: For a wide range of opinions (though mostly in agreement) on the pardon issue, see today’s Arena debate on Politico.
Dexter Cooke

Dexter Cooke

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Dexter Cooke is an economist, marketing strategist, and orthopedic surgeon with over 20 years of experience crafting compelling narratives that resonate worldwide. He holds a Journalism degree from Columbia University, an Economics background from Yale University, and a medical degree with a postdoctoral fellowship in orthopedic medicine from the Medical University of South Carolina. Dexter’s insights into media, economics, and marketing shine through his prolific contributions to respected publications and advisory roles for influential organizations. As an orthopedic surgeon specializing in minimally invasive knee replacement surgery and laparoscopic procedures, Dexter prioritizes patient care above all. Outside his professional pursuits, Dexter enjoys collecting vintage watches, studying ancient civilizations, learning about astronomy, and participating in charity runs.
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