http://www.boingboing.net/2009/04/21/lego-waterboarding.htmlOne of the central principles of our justice system is supposed to be that specific decisions about Justice Department prosecutions are to be made independent of all political considerations, including the White House's political agenda or the President's political interests.http://www.salon.com/opinion/greenwald/2009/04/21/prosecutions/index.html
Should the DOJ decide independently of the President if there's sufficient grounds for prosecution? Yes, of course.
But the problem is, there's no doubt in the mind of anyone who knows anything about the law if we should prosecute the torturers. Torture is unequivocally a violation of constitutional law, as is the violation of habeus corpus. We have laws on the books, lower court precedent, and Supreme Court decisions that reject government use of torture - for any
reason; there's no "ticking time bomb" exception in the 8th Amendment - as well as the "Nuremberg defense". (Speaking to the latter, the Uniform Code Of Military Justice actually *requires* soldiers to disobey unlawful orders. See http://www.crisispapers.org/texts/UCMJ.htm
Most people don't know this kind of stuff, because it's all dusty, arcane crap that has been around for hundreds of years. I guess you have to be the son of two lawyers to be aware of it. :P
Anyway, my point is, anyone who claims that prosecuting torturers is just a matter of politics is full of crap. Politics would be appointing a special investigator because the President got a blowjob. Throwing people who kidnap and torture into jail? That's just common sense.
I have no idea why Obama is opposed to investigating and prosecuting these people. Other than the obvious - he's a fucking politician
and doesn't want to give up one single shred of power, no matter how blatantly evil and blatantly unconstitutional that power may be.