A couple of months ago (February 2nd to be precise), I authored a posting entitled, “John Yoo A Tough Decision to Defend for the President” regarding the redemption of America’s justice system in wake of all the miscarriages of justice which occurred during the Bush Administration and in particular those pertaining to John Yoo. Yoo was Bush’s lead legal adviser authoring legal memos concerning the treatment, incarceration and trial (hearings) proceedings of Iraqi and Afghan detainees.
Following up on my past posting I’ve learned others share equally in my interest of Mr. Yoo’s all encompassing ability of embarrassing our country in the eyes of the international community. In an article posted within Hoffington Post, Mr. Martin Garbus, a Trial lawyer, authored an article entitled: “The Times May Be Changing” where he states some of the following excerpts:
Now six years after Iraq started, nearly one hundred days into the new presidency, more and more information is coming out about the involvement of the Bush people in Iraq-related criminal acts. The legal memos and the statements of tortured detainees are only the beginning of what will soon be a flood of information.
The legal machinery is starting to build, case by case, a rejection of Bush’s legal theories.
Today’s decision from Federal Judge John Bates of the United States District Court for the District of Columbia that those detained in Afghanistan will have access to American courts builds on the recent cases that allow Guantanamo detainees access to the federal court. Judge Bates rejected both the Bush administration’s view and the recently articulated view of President Barack Obama that habeas corpus is not available to imprisoned non-Afghans who are arrested beyond Afghanistan.
We are seeing a pattern in the Washington federal courts. The judges are not shying away from tacking tough issues. The concept that a man sitting in Baghram has a right he can enforce in an American court seemed impossible a few years ago. The constant rat-a-tat of the media, with pictures of the tortured prisoners clearly influences judges along with the rest of the population. Judges respond also when the president too set a higher standard.
Attorney General Eric Holder is the one who must start the criminal process against Cheney, Gonzales, Yoo and the others. He does not shy away from difficult choices, given backing that lets him know he is not alone. He can, and has, taken positions that are ahead of Obama.
Attorney General Holder’s decision today is easier than it was yesterday, and as more and more stories of brutalized prisoners come out, it will get even easier, especially with our President’s recent executive order of allowing wider windows to be opened to the public through the “Freedom of Information Act.
Judge Bates, and the judges before him, including the Supreme Court, have rejected the rationale of Bush’s Attorney General and supporting lawyers that gave the President “unitary powers.”
The public should let Eric Holder and the president know they support criminal prosecution of the Bush people. This may be accomplished by contacting the Department of Justice here.