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jerZ07002
Supreme tranceaddict
Registered: Dec 2006
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| quote: | Originally posted by otec
Lebezniatnikov LOL
So tell me smart guy, why monkey Bush and Rumsfeild were not prosecuted in a such called 'unsanctioned humiliations that, when uncovered, resulted in court martials!' ? |
do you see either bush or rumsfeld in the picture? the very fact that it was not sanctioned is the reason they wouldn't be prosecuted. executive immunity is another major reason that wouldn't happen.
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Dec-28-2008 15:21
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jerZ07002
Supreme tranceaddict
Registered: Dec 2006
Location:
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| quote: | Originally posted by otec
so now you wanna tell me, that we should have prosecuted Nazi soldiers who did the actual killins, but because Hitler was out of the picture he is mr. nice guy, correct? |
in order for rumsfeld or bush to have any culpability for actions of soldiers there needs to be some sort of link between the actions of bush or rumsfeld and the actions of soldiers. That is, an order to torture or humiliate would need to come from somewhere near the top of the executive branch, or the top of the executive branch had knowledge of those actions and willfully disregarded those actions. I'm not sure the willfull disregard argument goes too far considering there was a subsequent court martial of those soldiers. Nevertheless, both likely have executive immunity that protects then from liability for actions undertaken in performing their executive duties.
with respect to your nazi comment, the nazi soldiers were carrying out orders of higher ranked government officials. this case is clearly distinguishable because it doesn't appear there were orders to force iraqi men to take off their clothes and pose in humiliating positions. it appears these were the actions of a few soldiers and not a policy of the military.
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Dec-29-2008 14:44
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