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Why Prosecutions of Bush-Cheney Are a Bad Idea

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If Bush issues pre-emptive pardons, then he is in fact admitting guilt. In that case, the incoming Obama administration cannot prosecute, but some clearing of accounts will be needed to re-establish what is and is not Constitutional.

Why does the incoming Obama administration not want to prosecute? Because prosecution would look petty and vindictive? Perhaps. Because it is more important that changes of power not carry the potential for criminal charges? Possibly. Elections that carry with them the possibility of not only losing but of going to jail if you lose, loads them with too much risk; incumbents would never allow themselves to lose; they would act like Mugabe in Zimbabwe.

On the other hand, I think the incoming administration is faced with a dilemma. The rule of law ought to be re-established, therefore illegal conduct must have the light of day shone upon it. A compromise that would achieve both goals might be not prosecution but a Truth Commission.

I believe that the best solution would be something modeled upon the South African Truth and Reconciliation Commission. Those responsible for the constitutional excesses should be called before it to testify, under oath, to what they did and why. Bush and Cheney would have to be included in this.

Would they face criminal charges? Only President Bush would face them if he pardoned everyone else. However, in order for him to be pardoned by Obama, he would have to come clean on his role.

Why would others testify, if pardoned already? All of them could potentially be tried in other countries, and could also be sued in this one. Perhaps a provision could be written into the commission charter offering limited immunity, to be rescinded if they refused, or lied under oath. Since all are subject to civil suits, the immunity provision would be an important incentive to testify.

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If they complied, they'd still be liable to international charges. I'd love to see Cheney on the stand in the Hague, but it probably will never happen. In other words, this would not provide the pay-back that so many on my side want. What it would do, however, would be to re-establish what is legal and constitutional, and what is not; that's much more important than vengeance.

For more where this came from: http:www.roman-empire-america-now.com

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http://www.douglascsmyth-author.com

I am a writer and retired college teacher. I taught college courses in Economics and Political Science (I've a Ph.D) and I've written as a free-lancer for various publications.


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...and agree that getting to the truth is more imp... by Richard Volaar on Wednesday, Nov 19, 2008 at 8:34:42 PM
Obama doesn't want nasty partisan politics, an... by Douglas Smyth on Wednesday, Nov 19, 2008 at 9:59:41 PM
With his FISA immunity vote he offsided those that... by Brett Paatsch on Thursday, Nov 20, 2008 at 12:07:32 AM
Obama and the Democrats have to make a decision. W... by William Cormier on Thursday, Nov 20, 2008 at 6:52:26 AM
If citizens decide not to serve in public office b... by dick overfield on Thursday, Nov 20, 2008 at 12:30:17 PM
on the economic woes and war on iraq. We have so m... by Sharon Roach on Thursday, Nov 20, 2008 at 12:46:07 PM
than routing out criminals in our government. Dela... by Nick van Nes on Thursday, Nov 20, 2008 at 4:25:37 PM
Bush/Cheney cabal massacred close to 3000 American... by aberamsay on Thursday, Nov 20, 2008 at 1:33:42 PM
And the word is treason.I say it is neither unfair... by Randje Mitchell on Thursday, Nov 20, 2008 at 2:19:34 PM
I don't know how anyone can rational... by Mr M on Thursday, Nov 20, 2008 at 7:19:29 PM
"In a Zorby poll in 9/2007 - 51% ar... by Bill Cain on Thursday, Nov 20, 2008 at 9:14:08 PM
You tell 'em, Mr. M! The first sane voice I've he... by Oh on Friday, Nov 21, 2008 at 3:51:55 AM
  Double standards are the worst of bad ... by Randje Mitchell on Thursday, Nov 20, 2008 at 2:20:29 PM
Americans have no awareness of how evil in high pl... by John Hanks on Thursday, Nov 20, 2008 at 2:53:14 PM
Because if he went after Cheney, he'd have to ... by Deborah Wells on Thursday, Nov 20, 2008 at 2:59:21 PM
is the dumbest, worst idea I have heard in a long,... by Joel S. Hirschhorn on Thursday, Nov 20, 2008 at 3:38:50 PM
First, the world is looking at how Obama will chan... by Dennis Kaiser on Thursday, Nov 20, 2008 at 4:02:44 PM
I don't know about anyone else reading this ar... by Nick van Nes on Thursday, Nov 20, 2008 at 4:12:11 PM
When Elected to office in the USA you are sworn to... by Mel Smith on Thursday, Nov 20, 2008 at 4:35:50 PM
I don't believe that he is a Constitutional sc... by Munich on Thursday, Nov 20, 2008 at 5:36:29 PM
but is Douglas Smyth Nancy Pelosi's "pen ... by jersey girl on Thursday, Nov 20, 2008 at 8:05:03 PM
Being the gentle soul I am, not believing in a dea... by Mr M on Thursday, Nov 20, 2008 at 9:53:05 PM
BUT damn it was cathartic just to write that out !... by jersey girl on Friday, Nov 21, 2008 at 10:34:44 AM
and their minions would probably be the cruelest p... by Oh on Friday, Nov 21, 2008 at 3:58:34 AM
with you-it should not be a PPV event-it should be... by Jack Harrington on Friday, Nov 21, 2008 at 11:31:42 AM
but is Douglas Smyth Nancy Pelosi's "pen ... by jersey girl on Thursday, Nov 20, 2008 at 8:13:15 PM
"Why does the incoming Obama administration n... by Bill Cain on Thursday, Nov 20, 2008 at 9:04:10 PM
Most officials have signed off on crimes against h... by Jason Paz on Friday, Nov 21, 2008 at 12:58:31 AM
The question of guilt or innocence once the police... by Archie on Friday, Nov 21, 2008 at 10:47:03 AM
a free rein and a huge staff of special prosecutor... by Jack Harrington on Friday, Nov 21, 2008 at 11:43:42 AM
Let us empty our prisons and penitentiaries from t... by nightgaunt on Friday, Nov 21, 2008 at 1:41:55 PM