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    Abu Ghraib: Prosecutorial Misconduct At Its Worst

    The London Times reports through their Washington correspondent Tim Reid that:

    Prison guards jailed for abusing inmates at the Abu Ghraib jail in Iraq are planning to appeal against their convictions on the ground that recently released CIA torture memos prove that they were scapegoats for the Bush Administration.

    The photographs of prisoner abuse at the Baghdad jail in 2004 sparked worldwide outrage but the previous administration, from President Bush down, blamed the incident on a few low-ranking "bad apples" who were acting on their own.

    The decision by President Obama to release the memos showed that the harsh interrogation tactics were approved and authorised at the highest levels of the White House.

    This really was the first issue that popped into my mind when I first heard about these memos that were recently released.

    The bad apples ruse was being used by w's administration for years. Oh, rummy says, those pictures just demonstrate that there were a few bad apples who perpetrated "these pranks". I knew it was a lie from the getgo just like the rest of the 'left'.

    I mean first the acts were colored as youthful hijinks; the type of behavior you might see at a party sponsored by Skull and Crossbones.

    Then the 'bad apples' defense was perpetrated.

    Then these kids were sent to prison.

    Imagine that you were designated to defend these soldiers. How best to proceed when a picture is worth a thousand words.

    There is a story about John Adams who defended British Soldiers for the deaths of Americans at the Boston Massacre. He and Quincy, his partner defended eight of the soldiers.

    Who gave the orders to fire? When were the orders issued? What type of orders were issued when the soldiers were sent to the scene.

    Adams was rather victorious in his defense. I mean one or two soldiers were sent to the hooscow for a short period of time.

    Of course, 'patriots' showed up and threw rocks at his law office and he was forced to hide out for awhile.

    But the soldiers in this modern farce? Suppose you are their attorney. You had no access to the memos outlining every damn thing that were depicted in the pictures.

    As an attorney, every one of your inquiries concerning governmental conduct would be denied. No documents would be made available because of 'National Security'.

    You would be given no right to cross examine rummy or cheney.

    The entire trial would be a farce. 

    And now we are to expect hundreds of pictures of similar activity at other prisons will be issued any day now. 

    What was rummy and cheney and scores of other governmental officials thinking? That no one would 'get caught'.

    You know, if I was charged with a crime, I would have certain basic rights.

    I could confront my accusers.  I could cross examine them.

    I would be entitled to access to certain documents.

    The prosecution would have a duty to supply me with all the evidence it had against me. And the prosecution would have a duty to supply me with evidence that buttressed my case.

    If the prosecutor was found to have violated these safeguards, he or she could be prosecuted for misconduct. The charges against me or even my conviction could be dismissed.

    Oh rummy would say. BUT WE WERE AT WAR.

    Ok. So if we are at war, our soldiers, our citizens can simply be indescriminately rounded up and thrown in the hooscow. After all, Lincoln and Wilson did it.

    But we now have it on record that rummy lied about the bad apples.  cheney lied about the few bad apples. w lied about the few bad apples.

    So what is new?

    I hope these attorneys have a field day.

    I think our president should commute everybody's sentence today and review the matter for a full pardon later on.

    I know. Nuremberg supposedly tells us that "I was just following orders," is not a sure fire defense. Just let the kids go.

    THIS WAS PROSECUTORIAL MISCONDUCT AT ITS WORST.

    And I think rummy and cheney and w should be prosecuted for perpetrating a lie that led to abuse, torture and unjust prosecutions.

    You can find this article at the Times or through Daily Beast or HuffPo.


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