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View Diary: UPDATE: Disbarring 12 Torture Lawyers (258 comments)

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  •  As AG, doesn't he have an obligation under (1+ / 0-)
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    the CAT to investigate and prosecute allegations of torture, especially since both the ICRC and Committee Against Torture had filed reports during Mukasey's tenure?  Isn't ignoring those reports complicity to torture, in the same sense that these bar associations would share that liability if they did not investigate the current complaints?

    •  At the very least, isn't it misprision of felony, (0+ / 0-)

      something certain members of Congress are certainly guilty of by their failure to report torture?  Although in both cases - Mukasey's and Pelosi's - to whom do they report the crime?

    •  that might be true, but (0+ / 0-)

      first of all that argument wasn't made in the complaint to the bar association.

      2nd, no official action will ever be taken for his (or anyone else's) failure to prosecute torture. If he was convicted of some type of crime for deliberately ignoring his obligations under the convention, then disbarment would be appropriate, but that will never happen.

      Finally, criminalizing or pursuing disbarment over a prosecutor's exercise of discretion seems to be a bad policy. Prosecutors are executive officers and if we don't like what they are doing, that's what elections are for.

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