This is an open question based diary. Today on Facebook a friend of mine posted a link to a video of CNN's Cafferty File from August 2006. In the clip, Jack Cafferty points out that a provision written into the 2006 Military Commissions Act granted retroactive immunity to 2001 for war crimes committed by him and his administration, based on certain standards in the Geneva Convention ruling US practices as "torture".
Now I remember the Military Commissions spat from a year ago but I don't really remember what happened with this specific provision. I was working over that summer with a labor union and was less in tuned with political events than with labor based politics. So I'm asking for a refresher from some of the more informed Kossacks.
Did the Republican Congress retroactively grant the Bush administration immunity?
Could a Democratic administration prosecute the Bush administration if the MCA granted immunity?