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View Diary: Schumer Op-Ed:  A Pitiful Defense For His Mukasey Vote (228 comments)

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  •  No law is neccessary (8+ / 0-)

    Waterboarding has always been torture.  We've prosecuted people for waterboarding--both within this country and in war scenarios.  Passing such a law does two things, IMO.

    ONE)  By its very nature, grants retroactive immunity.  Since the Constitution (yeah, I know, "quaint") prohibits making actions retroactively illegal, it could only serve to say "from this day forward..."  Bush gets a pass and he happily signs the bill.  "Clearly Congress believed waterboarding was, previously, legal or they would not have seen a need to pass this law making it illegal."

    TWO)  It opens up all kinds of other techniques, now considered to be torture, to being used under the theory that "no law currently exists banning the practice."  There is a legal maxim that basically states "to include one thing is to exclude all others."  IOW, to state that waterboarding is illegal is to state that all other techniques are not illegal.  Again, W signs the Bill happily.

    Well, BULL SHIT!  Waterboarding has always been torture.  Torture has always been illegal in this country.  George Bush is a war criminal and all the Dems who sign on to an AG who will not state, without equivacation, that waterboarding is torture, are complicit in Chimp's crimes.

    I don't care if W "recess appoints" Charles Manson, the Dems should not willingly abandon their oath and endorse torture.  A vote for Mukasey is a vote for torture.  Period.  Better to have a torture AG without the approval of Congressional Dems than with.

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