...top Bush administration officials could soon face legal jeopardy for prisoner abuse committed under their watch in the war on terror.While it would be SO NICE to see the "Donald Rumsfeld per-walk", however:
In early December, in a highly unusual move, a federal court in New York agreed to rehear a lawsuit against former Attorney General John Ashcroft brought by a Canadian citizen, Maher Arar. (Arar was a victim of the administration's extraordinary rendition program: he was seized by U.S. officials in 2002 while in transit through Kennedy Airport and deported to Syria, where he was tortured.) Then, on Dec. 15, the Supreme Court revived a lawsuit against Donald Rumsfeld by four Guantánamo detainees alleging abuse there—a reminder that the court, unlike the White House, will extend Constitutional protections to foreigners at Gitmo. Finally, in the same week the Senate Armed Service Committee, led by Carl Levin and John McCain, released a blistering report specifically blaming key administration figures for prisoner mistreatment and interrogation techniques that broke the law. The bipartisan report reads like a brief for the prosecution—calling, for example, Rumsfeld's behavior a "direct cause" of abuse. Analysts say it gives a green light to prosecutors, and supplies them with political cover and factual ammunition.
Constitutionally, Bush could pardon everyone involved in formulating and executing the administration's interrogation techniques without providing specifics or naming names. And the pardon could apply to himself. Such a step, however, would seem like an admission of guilt and thus be politically awkward.We'll see.
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