The Penalties that George Bush Would Face If He Had Gotten Charged With Torture

[discocrisco01]

This is what Bush would have gotten if he got convicted by a Spanish Judge. Spain rejected Baltasar Garzon attempt to bring Cheney and Bush on war crimes. If Garson had been successful, this would have been the sentence

"Torture committed the authority or public official abusing his office, and in order to obtain a confession or information or to punish any person for any act he has committed or is suspected of having committed, or for any reason based on any type of discrimination, subjecting to conditions or procedures which by their nature, duration or other circumstances, can involve physical or mental suffering, the elimination or reduction of their powers of knowledge, discernment or decision or that of any other way violate their moral integrity.The guilty of torture will be punished with imprisonment from two to six years if the infringement was serious, and imprisonment of one to three years if it is not.

That is a weak sentence. If Obama had the balls to bring them to trial, this would be the http://law.justia.com/us/codes/title18/18usc2340a.html">sentence

(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.

In a parallel universe, in 2011, they might decide to come back to revisit this. It was always my thinking that they delayed the prosecution of Bush and Cheney until all of the major legislation that he campaigned on had passed. Trying Bush and Cheney is akin to doing political suicide in this country.

It will never happen but my post summarizes what the law states for what Bush and Cheney would be charged with.

[gratuitous]

1. Fortunately, we don't look backwards to the past

Nope, here in America, we only prosecute if the Republicans make a big enough stink about nothing, or if we just happen to hit the Goldilocks Moment (when prosecution wouldn't be too soon or too late, but ju-u-u-u-ust right).

[Octafish]

2. ''Trying Bush and Cheney is akin to doing political suicide in this country.''

Why? Trying war criminals is just what America needs.

Plus, Bush and Cheney are TRAITORS who lied America into two illegal, immoral and unnecessary wars.

Getting to the truth is needed for the nation to fix the problems they caused and to make this again a nation of laws.

However, I must say I believe it would cause some serious consternation if Congress or We the People were to properly investigate Bush and Cheney's role in 9-11.

[Angry Dragon]

4. I find your post refreshing

I have some of these same thoughts............

[Clintonista2]

5. It's political suicide because as soon as Americans hear the phrase "war crimes" referring to former

presidents, it sounds so over the top that they would never support it. While those of us on the left KNOW that they are criminals, convincing the average Joe probably just isn't possible.

[dflprincess]

6. The problem is,

if Bush and Cheney are tried for the crimes they committed in order to get us into the wars it will make it very hard to justify continuing those wars or widening them. And Obama has made it clear he intends to pursue the same policy of endless war regardless of how much damage it does to the U.S.

[Scuba]

7. +1

[Angry Dragon]

3. Off With Their Heads

[Senator]

8. Spain has not actually "rejected" the torture case

The article you linked to was just the first attempt to spin/stop the Garzon prosecution. Just some talk from a politician to give the US Euphemedia the hook to say "nevermind, move along" to any talk of justice for the victims of US torturers.

The persecution of Judge Garzon has continued and intensified. However, he has also advanced formal charges against the bushcheney torture team in Spain, so they are trying to remove him.

The latest news I've seen is that he is http://www.albavolunteer.org/2010/05/garzon-is-going-to-the-hague/">going to work at The Hague, which could be helpful (or not).

It may well be that a lifetime of hounding is all that can be done. But it must be done -- and not just to the perpetrators themselves:

It may yet rank among the biggest disappointments of the Obama presidency that in the 21st century, a man can confess in public, yeah, we waterboarded, I‘d do it again, without fear of arrest, or prosecution, or justice. -- Keith Olbermann, June 3rd 2010

---