When The President Approves It... It Is Not Illegal!

April 16, 2009 MSNBC Keith Olbermann
Psychologicsays...

Having the justice department officially advise someone that something is legal doesn't make it legal. However, it does make it nearly impossible to convict the person who carried out the act that was designated legal by the justice department. Prosecute them if you want, but they would never be found guilty under those circumstances. It would be a huge waste of time and money.

I doubt that the people issuing that legal advice could be prosecuted either. There is no law I know of against giving bad legal advice unless there is (provable) willing deception involved. The Bar Association could maybe take action against them, but that isn't a criminal matter.

That doesn't make these actions right though. There is very good reason to be upset about what those people did, and I'm glad that the memos were released so we can see who was saying what. Hopefully that will, if nothing else, hurt the future legal careers of those who issued the legal advice.

I can't get mad about the lack of prosecution though. I can't see how they could possibly be found guilty of doing something that one of the highest legal authorities in the nation told them was acceptable. I'm sure a lot of people would feel better that they were at least going through the motions, but I don't want them spending large amounts of money on prosecutions that are highly unlikely to result in any convictions.

Psychologicsays...

So many front line soldiers faced court martial and prosecution, while Bush and other higher ups get off scott free. What a disgrace.



The UCMJ is a different situation. Soldiers are held to different standards by military courts. "I was only following orders" is not a viable defense in the military.

I'm not sure about working under faulty legal advice though. If a high-ranking JAG told someone that they could do something that they were later court marshaled for then that could possibly be used in their defense.

I don't think they soldiers were working under direction from the justice department though. It really depends on the specific situations for specific soldiers.

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