Mukasey's Paradox

[bemildred]

The recent decisions of Atty. Gen. Michael B. Mukasey to block any prosecution of Bush administration officials for contempt and to block any criminal investigation of torture led to a chorus of criticism. Many view the decisions as raw examples of political manipulation of the legal process and overt cronyism. I must confess that I was one of those crying foul until I suddenly realized that there was something profound, even beautiful, in Mukasey's action.

In his twisting of legal principles, the attorney general has succeeded in creating a perfect paradox. Under Mukasey's Paradox, lawyers cannot commit crimes when they act under the orders of a president -- and a president cannot commit a crime when he acts under advice of lawyers.

Such a perfect paradox is no easy task. Most attempts fall apart because of some element of logical consistency. The closest example to Mukasey's Paradox is the Grandfather Paradox: If you go back in time and kill your grandfather before he meets your grandmother, you would not be conceived and therefore you could not go back to kill your grandfather. That one can play real tricks with your head.

Mukasey's Paradox appears designed to play tricks with Congress. Its origins date back to Mukasey's confirmation hearings, when he first denied knowing what waterboarding was and then (when it was defined for him) refused to recognize it as torture. In fact, it is not only a crime under U.S. law, it is a well-defined war crime under international law.

http://www.latimes.com/news/opinion/la-oe-turley4mar04,0,4839406.story

[flor de jasmim]

1. Spot-on analysis. Now, how can we get Congress to ACT? n/t

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2. Congress doesn't want to "act", it wants to dissemble.

The only way I know of to make them move is to threaten their seats. Maybe not even then. But if they are not in Congress, then they won't be able to stonewall action any more ...

[Frustratedlady]

3. Well, someone had better start doing something! This is getting out of hand.

They are piling up crimes and violations faster than we can type. Stonewalling is one thing, but laughing like hyenas while they refuse to cooperate is abominable...as are they.

I've never been so ashamed of my government as I am now. Look at the lessons they are teaching our children and college-aged young people. You think they aren't watching? Guess again!