Oh, it's OK because they thought it was legal when they did it....

... Outgoing Attorney General Michael Mukasey has his own ideas, naturally, on whether there should be accountability for those in the Justice Department who wrote legal opinions supporting warrantless wiretaps and torture.

From Anti-war.com:

Some human rights groups have urged President-elect Barack Obama to launch criminal investigations into the use of waterboarding and other harsh interrogation techniques on al Qaeda terrorism suspects.

They also have questioned whether the Bush administration broke the law with its warrantless domestic spying program adopted after the September 11, 2001 attacks.

Obama's advisers have yet to say what he will do, but one idea being considered is creating an independent commission, like the one that investigated the September 11 attacks, to examine the interrogation policies.

There has been speculation that President George W. Bush, before he leaves office next month and hands over to Obama, might give pardons to past or present officials implicated in the harsh interrogation methods or other abuses.

Mukasey told reporters at the Justice Department that he did not see the need for prosecutions or for pardons.

"There is absolutely no evidence that anybody who rendered a legal opinion either with respect to surveillance or with respect to interrogation policy did so for any reason other than to protect the security of the country and in the belief that he or she was doing something lawful," he said.

"In those circumstances, there is no occasion to consider prosecutions, there is no occasion to consider pardons," Mukasey said.

Notice the careful phrasing in the quotation highlighted in bold: the motivations of the people writing the opinions are the primary reason they should be free from accountabilit--they only advised breaking the law to protect us from terrorists.

Then the second answer is: They thought what they were doing was legal when they did it.

Yeah, right. Ignorance of the law has somehow suddenly become an excuse for attorneys.

I really don't want these folks prosecuted. I thought about it for a long time, and what I'd really rather spend the resources on is telling the whole story--with all the names attached--of who said what, when, and to whom--sort of like South Africa's Truth and Reconciliation Commission.

Prosecution will only make these individuals martyrs to their Statist, partisan supporters, and will provide the comforting illusion that government can bring us justice.

At best, government can bring us most of the truth, on a very good day.

Meanwhile, I'm waiting for Mukasey to crawl back into his hole, while grimly acknowledging that in his own way Michael Holder may not be any more interested in defending personal civil liberties than his three immediate predecessors.

Comment Rescue (?) and child-related gun violence in Delaware

In my post about the idiotic over-reaction to a New Jersey 10-year-old posing with his new squirrel rifle , Dana Garrett left me this response: One waits, apparently in vain, for you to post the annual rates of children who either shoot themselves or someone else with a gun. But then you Libertarians are notoriously ambivalent to and silent about data and facts and would rather talk abstract principles and fear monger (like the government will confiscate your guns). It doesn't require any degree of subtlety to see why you are data and fact adverse. The facts indicate we have a crisis with gun violence and accidents in the USA, and Libertarians offer nothing credible to address it. Lives, even the lives of children, get sacrificed to the fetishism of liberty. That's intellectual cowardice. OK, Dana, let's talk facts. According to the Children's Defense Fund , which is itself only querying the CDCP data base, fewer than 10 children/teens were killed per year in Delaw

The Obligatory Libertarian Tax Day Post

The most disturbing factoid that I learned on Tax Day was that the average American must now spend a full twenty-four hours filling out tax forms. That's three work days. Or, think of it this way: if you had to put in two hours per night after dinner to finish your taxes, that's two weeks (with Sundays off). I saw a talking head economics professor on some Philly TV channel pontificating about how Americans procrastinate. He was laughing. The IRS guy they interviewed actually said, "Tick, tick, tick." You have to wonder if Governor Ruth Ann Minner and her cohorts put in twenty-four hours pondering whether or not to give Kraft Foods $708,000 of our State taxes while demanding that school districts return $8-10 million each?

New Warfare: I started my posts with a discussion.....

.....on Unrestricted warfare . The US Air force Institute for National Security Studies have developed a reasonable systems approach to deter non-state violent actors who they label as NSVA's. It is an exceptionally important report if we want to deter violent extremism and other potential violent actors that could threaten this nation and its security. It is THE report our political officials should be listening to to shape policy so that we do not become excessive in using force against those who do not agree with policy and dispute it with reason and normal non-violent civil disobedience. This report, should be carefully read by everyone really concerned with protecting civil liberties while deterring violent terrorism and I recommend if you are a professional you send your recommendations via e-mail at the link above so that either 1.) additional safeguards to civil liberties are included, or 2.) additional viable strategies can be used. Finally, one can only hope that politici

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