Snagged this off of MSNBC – Torture.pdf
This is pretty interesting legal bullshit. It basically justifies everything Bush and the millitary does. It makes me wish I was a lawyer defending the guards at Abu Griab. This memo provides the perfect legal cover. Here’s why:
The guards say that they were acting under orders and that they were doing so because they believed that they were saving lives by extracting valuable information – because they were told that was the reason.
Now – here’s the test. Would a person reasonably believe their actions were justified under these circumstances? Normally this excuse wouldn’t fly – but – because of this memo – it changes everything.
The guards can argue that they could reasonably believe it because the legal counsel to the President believed it – and would a lowly guard be expected to be smarter that the presidents lawyers? See where this is going? It’s the “I can be expected to be smarter than the President” defense. I think it would work.
Seriously – if the President says it’s legal – the secretary of defense says it’s legal – the justice department says it’s legal – the generals say it’s legal – the commanding officers say it’s legal – then how can a burger flipper who was called to duty – trained as a truck mechanic – and made a prison guard know that it’s not legal?
The truth is – everyone from the President on down know that it was illegal – but they all lied to create a legal fiction to justify breaking the law. It’s a plan where if enough higher ups break the law – and the congress and the supreme court is under Republican control – we know they are all going to get away with it. But if these legal theories had any validity then Hitler and Saddam Husein would be innocent. Begause what this memo says is that the President is above the law and can do whatever the hell he wants.