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Date Posted: 04:53:20 08/22/05 Mon
Author: Jean
Subject: Is the President really above the law?

The following paragraph is from a very long article found at

http://www.thenation.com/doc.mhtml?i=20050718&c=3&s=holtzman

The above website takes you to the quote...it on page 3 of a 5 page article on "Torture and Accountability".

I will ask again...does this really suprize anyone?

Jean

"If the President did authorize inhuman treatment--or, knowing that such treatment was ongoing, failed to stop it--is he punishable under the War Crimes Act? White House counsel Gonzales did not specify any limits on who might be subject to prosecution in his January 2002 memo. And Attorney General Ashcroft in his Congressional testimony specifically denied that President Bush committed any crime. In making that statement, the Attorney General may have been relying on a doctrine advanced in the Justice Department's August 2002 torture definition memorandum, which argued that, under the Constitution, a Commander in Chief's capacity to conduct a military campaign cannot be constrained by US laws. In other words, as a law unto himself, the President cannot violate laws, because he doesn't have to obey them. During his confirmation hearings to replace Attorney General Ashcroft, Gonzales was repeatedly asked to repudiate the position that a President has the right as Commander in Chief to break US laws, but refused to do so."

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