Authorization of Torture by Bush an Impeachable Offense

BUZZFLASH.com
June 9, 2004

A BUZZFLASH READER CONTRIBUTION

The United States DID ratify the Convention back in 1994.

(CONVENTION AGAINST TORTURE)

We also passed a federal statute outlawing it, and assigning severe criminal penalties.

S ee: http://www4.law.cornell.edu/uscode/18/pIch113C.html and http://www4.law.cornell.edu/uscode/18/2340A.html .

(a) Offense. -

Whoever outside the United States commits or attempts to commit torture shall
be fined under this title or imprisoned not more than 20 years, or both, and
if death results to any person from conduct prohibited by this subsection,
shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction. -

There is jurisdiction over the activity prohibited in subsection (a) if -

(1)

the alleged offender is a national of the United States; or

(2)

the alleged offender is present in the United States, irrespective of the
nationality of the victim or alleged offender.

(c) Conspiracy. -

A person who conspires to commit an offense under this section shall be
subject to the same penalties (other than the penalty of death) as the penalties
prescribed for the offense, the commission of which was the object of the
conspiracy.

So, arguably, it's an impeachable offense for the President of the United States to authorize the use of torture under any circumstances.

I sure hope Dubyah doesn't mind the color orange.

http://counterspin.blogspot.com/2004/05/tortured-logic-umm.html

-----------------------------------

CONVENTION AGAINST TORTURE
and Other Cruel, Inhuman or Degrading Treatment or Punishment

http://www.hrweb.org/legal/cat.html

An excerpt -

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked
as a justification of torture.

Article 3

1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2. For the purpose of determining whether there are such grounds, the
competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights

Legal scholars say condoning abuse could be impeachable offense
By LOLITA C. BALDOR
Associated Press Writer
June 16, 2004

WASHINGTON (AP) - More than 400 legal scholars from across the country urged Congress Wednesday to consider impeaching President Bush and any high-level administration officials who approved the Iraqi prisoner abuses.

In a letter released by two Harvard Law School professors, scholars asked Congress to identify everyone who should be held accountable for the torture at Abu Ghraib prison, and determine what sanctions are appropriate. The sanctions, they said, could include "impeachment and removal from office of any civil officer of the United States responsible."

But Sen. Edward M. Kennedy, D-Mass., meeting with the professors, declined to specifically address the impeachment issue. He instead said the best way to correct the matter is to "elect John Kerry" president.

He said Democratic senators are trying to round up enough support for a vote Thursday to subpoena the Justice Department for memos that could have laid the legal groundwork for justifying the prisoner abuse. Attorney General John Ashcroft has declined to make public the Justice Department memos, written in 2002.

In the letter, scholars said the prosecution of low-level military personnel for the abuses is not enough. Harvard law professor Christine Desan said Congress would have to determine if the abuses rose to the level of high crimes and misdemeanors which would be punishable by impeachment.

The prisoner abuse, made public in photos and video, is being investigated by military and Justice Department officials. And Congress is looking into administration memos that could have laid the legal groundwork justifying the abuse.

Bush has said he directed U.S. officials to conform to the law and international treaties.

The letter was signed by a host of legal notables, including former O.J. Simpson defender Alan Dershowitz and the Rev. Robert F. Drinan, a former Massachusetts Congressmanmember who teaches at Georgetown University Law Center.

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