18 US Code 2340 -- Exception to Torture

“Torture means an act of a person acting under color of law to inflict severe physical and mental pain other than pain and suffering to lawful sanctions upon another person under lawful physical custody or control.”

This statute combined with the Justice Department memos seeking to define ‘enhanced interrogation’ as legal sanction are the method by which the Bush administration violated the US Constitution through the approval of cruel and unusual punishment on military detainees as part of lawful sanctions.

Many who use the word ‘torture’ on both sides of the argument fail to recognize this statute in it’s existence. I do not. Those who committed acts of torture as defined by US Legal Code should face prosecution for their acts no matter if they belong to an agency of US origin or not. The Nuremberg Defense is invalid. If your commanding officer orders you to commit torture you are bound by law to resign rather than accept the orders.

The US Supreme Court has rejected the argument that holding military detainees indefinitely is constitutional, stating that habeas corpus (the right to speedy trial) must be granted to terrorism suspects.

The United States Constitution applies as to persons and not exclusively to citizens nor exclusively within our borders. Wherever America goes, the Constitution follows.

Ours was the nation that defined specifically waterboarding as torture to be banned by the Geneva Convention, we proposed that their were to be no exceptions under the law for this method of interrogation to be lawful sanction. This nation once stood against the tactics of the communists who oppress freedom of opinion with fear and propaganda. When politically expedient such a review of history is rejected for the failed logic of ’enhanced interrogation’ being successful and vital to national security. All available credible information on the matter says otherwise and the FBI has warned of a ’blow-back factor’ from using such tactics from the beginning.

Not only do tactics like waterboarding endanger national security but they degrade our ability to conduct ourselves as a credible nation to other nations whom engage in human rights violations and nuclear proliferation. We have no weight in our stance while we allow illegalities to go unpunished within our own government and our own military.

Now somehow in these dark days we have a portion of the country who believe in using the very tactics of the communists that we rallied against so many years ago in a new battle where following this ideology will undoubtedly lead to yet another terrorist attack on the homeland and further the goals of global terrorism abroad. I contend if we listen to the perspective of former Vice-President Richard Cheney on the matter that we will provoke the national security situation to an irreparable state.

Panetta versus Cheney

CIA Director Leon Panetta is quoted as saying in regards to the recent Cheney media appearances:

"It's almost, a little bit, gallows politics. When you read behind it, it's almost as if he's wishing this country would be attacked again, in order to make his point. I think that's dangerous politics."

Former Vice-President Dick Cheney has responded by saying he hopes Panetta was misquoted in claiming his wish for an attack.

Panetta is absolutely right. The shameful, hawkish media-tour to promote torture policcy and degrade the Obama presidency should be met with even more harsh words than these of Panetta's. But they will do for the time being.

Judge Andrew Napolitano & Alan Colmes

Guantanamo Closure Policy Discussion on World Focus Online

Cheney Deserves His Day in Court

“When just one single piece of information could prevent a nuclear-armed terrorist [we can‘t take any chances.]”

Former-Vice President Dick Cheney continues to spread the myth that inhumane torture tactics, mislabeled as ’enhanced interrogation,’ are necessary to protect the nation from extremist violence. His continued use of fear-tactics by insinuation of nuclear attack on American soil is a throw-back to the selling of the Iraq War to the American People, which ultimately was proven to be based on bad intelligence. The use of these tactics will only produce more bad intelligence and not to mention legal ramifications of using techniques that are clearly 'cruel and unusual punishment.’

I could only speculate if he is a man bereft of all humanity or simply a man of very strong and very flawed convictions, but the fact remains that putting our nation in danger and violating the US Constitution are all that is accomplished in following this destructive version of course of action proposed by both Cheney and Bush.

I continue to advocate investigation and prosecution based on any evidence gathered that can meet the standards of a courtroom. If sufficient evidence to convict Dick Cheney of war crimes exists then, we the American people, deserve to hear the facts out before a jury of his peers.

(A Transcript on Alan.com)

AP: "Obama Defends Decision to Close Guantanamo"

Dick Cheney is an American Disgrace

I wholeheartedly disagree with the statement that President Obama has made the country any less safe since entering office. The notion that immoral practices will make us any more safe from terrorism is counter-intuitive to my core beliefs.

The CIA Enhanced Interrogation Program was one of the most effective terrorist recruitment tools and a project expressly advocated by former-Vice President Cheney which is now noticeably absent from terrorist recruitment methods.

The approved torture methods of the Bush administration have presented one of the greatest threats to our continued national security to date.

Not only is it disgraceful for Cheney to criticize the current administration as a member of the former but also as to his own level of personal integrity to turn the issue of national security on it’s head by denying the immorality of torture tactics.

The Politics of Fear remain the only tool left to Neo-Conservative Americans.

I see a land of injustice where prosecutions of some order are not undertaken. Those who wrote the legal opinions used to justify these torture tactics must face consequences.

The Justice Department cannot dispense justice onto itself.

A Special Prosecutor must be appointed.

If anything, President Obama has yet to do enough to restore justice and security to our nation.

Loyal Opposition No More

For many years I have felt that for all our disagreements between liberal and conservative individuals there was a shared position by both sides. A loyal opposition to the opposition.

For the time being I believe the majority of the conservatives of America have thrown down this national system of civil loyalty in politics in place of a pure obstructionist agenda.

I have not heard any amount of logical rebuttal to an Obama policy or policy proposal, except in very rare cases.

I find I cannot listen to the standard bearers of GOP right wing radio these days. Like most people I have my ‘hang-ups.’

Dismissive attitudes and screaming people down end up on my list.

Every time I have been listening to conservative talk radio, or GOP responses, since the election of Barack Obama I am disgusted by the complete lack of integrity and grace in politics.

Reducing everything down to simply ‘name-calling’ is not the issue. Though it is important thing to avoid as much as possible.

Not sticking to the facts about our democratic representatives and our recent national historical history is unpatriotic.

I wish it were not so. And no group can claim to innocent of some form of vitriol in these times.

But not having an actual political dialogue and instead presenting vague facts along with connect-the-dots logic is simply dirty pool.