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Yesterday, Homunq suggested that the most likely way to put Shrub and Cheney in jail would be if President Obama issued a pardon.  Supposedly, this would open the door for them to be haled before The Hague for war crimes and crimes against humanity.  There was one other possibility he cited, though--if an American court was willing to strip Shrub of his immunity from prosecution for official acts.

Well, folks, if there were ever grounds to strip him of immunity, the case of Ali Saleh Kahlah al-Marri provides it.  As Kagro X mentioned on the front page, prosecutors arguing for his current detention say that Shrub has the power to march into any neighborhood and hold anyone indefinitely without charge.  If there was ever a concept that was less consistent with what we are as a country, I have yet to hear it.

So in 2009, someone who has standing should bring an action before a court to strip Shrub of his immunity based on this action alone.  After all, how in the world can you justify immunity for official acts when those acts were undertaken contrary to the very document you're sworn to uphold?

The only question would be finding someone with standing and a judge with the backbone to do it.  The latter would likely have to come from one of the more liberal circuits, as those judges usually have the backbone to challenge the president.

Originally posted to Christian Dem in NC on Mon May 26, 2008 at 11:24 AM PDT.

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