More Shrubbish!

Discussion in 'Politics' started by taichiliberal, Nov 10, 2010.

  1. taichiliberal
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    taichiliberal BANNED

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    If anyone STILL doesn't think that the Shrub is a sociopathic POS, all one had to do was just catch Lauer and Oprah soft soap interviews. Hell, the little dope ADMITS to breaking the law with regards to water boarding....you've got to wonder how many of the 500 "detainees" they just let go in Gitmo without so much as a sorry were victims to that shit?

    The Shrub was the worst thing to happen to this country with regards to dealing with extremist and terrorist in the Middle East.
     
  2. Revere
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    Doing what it takes to defend the country is relative.

    Is there a law that says you can kill civilians in Pakistan with Predator Drone attacks?
     
  3. Avatar4321
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    Avatar4321 Diamond Member Gold Supporting Member

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    Could you point to the law against Waterboarding?
     
  4. taichiliberal
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    Is there a law that says you can lie about invading a country that had NOTHING to do with an act of terrorism against you?

    Do two wrongs make a right?
     
  5. taichiliberal
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    Could you stop either playing dumb or do your own damned homework for a change?

    Waterboarding is Illegal - Washington University Law Review

    The United States has enacted statutes prohibiting torture and cruel or inhuman treatment. It is these statutes which make waterboarding illegal.[22] The four principal statutes which Congress has adopted to implement the provisions of the foregoing treaties are the Torture Act,[23] the War Crimes Act,[24],and the laws entitled “Prohibition on Cruel, Inhuman, or Degrading Treatment or Punishment of Persons Under Custody or Control of the United States Government”[25] and “Additional Prohibition on Cruel, Inhuman or Degrading Treatment or Punishment.”[26] The first two statutes are criminal laws while the latter two statutes extend civil rights to any person in the custody of the United States anywhere in the world.

    The Torture Act makes it a felony for any person, acting under color of law, to commit an act of torture upon any person within the defendant’s custody or control outside the United States.[27] Torture is defined as the intentional infliction of “severe physical or mental pain or suffering” upon a person within the defendant’s custody or control.[28] To be “severe,” any mental pain or suffering resulting from torture must be “prolonged.”[29] Under this law, torture is punishable by up to twenty years imprisonment unless the victim dies as a result of the torture, in which case the penalty is death or life in prison.[30]

    The War Crimes Act differs from the Torture Act in several respects. It applies to acts committed inside or outside the United States, not simply to acts committed outside the United States.[31] Second, it prohibits actions by any American citizen or any member of the armed forces of the United States, not simply to persons acting under color of law.[32] Third, violations of the War Crimes Act that do not result in death of the victim are punishable by life in prison, not simply for a term of twenty years.[33] Finally, when it was enacted in 1996, the War Crimes Act did not mention torture or any other specific conduct like the Torture Act does, but rather contained a very broad definition of the offense. The original statute provided that “war crimes” included any “grave breach” of the Geneva Conventions.[34] In 2006, in the Military Commissions Act, Congress defined the term “grave breach” of Common Article 3 of the Geneva Convention to include “torture” as well as “cruel or inhuman treatment” of prisoners.[35] As in the Torture Act, the War Crimes Act (as amended by the Military Commissions Act of 2006) defines “torture” as the intentional infliction of “severe physical or mental pain or suffering.”[36] Cruel or inhuman treatment is defined as “serious physical or mental pain or suffering,” and also includes “serious physical abuse.”[37] The law defines “serious physical pain or suffering” as including “extreme physical pain.”[38] All of these clarifications of the term “grave breaches” of Common Article 3 were made retroactive to 1997.[39] The 2006 Act replaced the requirement that mental harm be “prolonged” with a more broad definition that mental harm be merely “serious and non-transitory.”[40]

    The third federal statute that prohibits waterboarding is entitled “Prohibition on Cruel, Inhuman or Degrading Treatment or Punishment of Persons under Custody or Control of the United States Government.”[41] This law was enacted in 2005 as part of the Detainee Treatment Act,[42] and in 2006 it was supplemented in the Military Commissions Act by a statutory provision entitled “Additional Prohibition on Cruel Inhuman or Degrading Treatment or Punishment.”[43] These civil rights laws very simply state that no person under the physical control of the United States anywhere in the world may be subjected to any “cruel, inhuman, or degrading treatment or punishment,”[44] and they each define “cruel, inhuman, or degrading treatment or punishment” to be any treatment or punishment which would violate the Fifth, Eighth, or Fourteenth Amendments to the Constitution of the United States.[45] These civil rights laws award the same rights to all prisoners who are in the custody of the United States anywhere in the world as citizens of the United States are entitled to under the Constitution. This means that if it is unconstitutional to subject prisoners in the United States to waterboarding, then it is illegal to commit this act against prisoners in the War on Terror, wherever they are being detained.

     

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