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View Diary: Mukasey's Day on the Hill (81 comments)

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  •  I don't know if this is the right place, (5+ / 0-)

    but I think it needs to be noted that, if Justice Kennedy's definition of the rule is correct, then the legal/illegal distinction is inoperative when it comes to the agents of government.  Individual persons are prohibited from engaging in illegal behavior.  Everything that's not illegal for the individual is, ipso facto, legal.

    But, the agents of government, deriving their powers from the people, are limited to performing only those acts that are either mandated or permitted.  Any behavior that's not been permitted, is, ipso facto, unlawful.

    Unlawful is not the same as illegal.  If an action by an agent of government hasn't been permitted by legislation (the execution of some people convicted of specific crimes is an example), then the behavior is an abuse of power and contrary to the interests of the state.  Perhaps even treasonous.

    So, unless the physical assault of detainees (in other than self-defense) has been authorized by legislative action, what the N.S.C. claimed to have been authorized, wasn't.  Only the Congress can authorize behavior.

    Bottom line: the categorization of "enhanced interrogation" as legal is irrelevant.  Legal/illegal are not applicable categories for the behavior of government agents.  The assertion in this instance is comparable to a declaration that a soft-drink is homogenized, referring to a process that applies to milk, not sugar water.

    How do you tell a predator from a protector? The predator will eat you sooner rather than later.

    by hannah on Fri Apr 11, 2008 at 09:27:42 AM PDT

    •  ah, a fundamentalist, I see... (0+ / 0-)

      Lets IMPEACH first and ask questions later, shall we?
      If there's a one percent chance that Cheney/Bush are breaking the law, then impeach them and ask questions in the appropriate forum.

      The defendant has RIGHTS!

      First they ignore you, then they laugh at you, then they fight you, then you win. -Mohandas Gandhi

      by ezdidit on Fri Apr 11, 2008 at 09:42:01 AM PDT

      [ Parent ]

      •  Impeachment is a charge or (1+ / 0-)
        Recommended by:
        FunkyEntropy

        accusation.  The accused would not be expected to answer questions.  It is up to the accusers to prove their case.

        Remember?  We don't expect people to testify against themselves.

        How do you tell a predator from a protector? The predator will eat you sooner rather than later.

        by hannah on Fri Apr 11, 2008 at 10:29:58 AM PDT

        [ Parent ]

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