Judging the Torture Presidency of George W. Bush

Building a case for a prosecution that likely won't happen

Internationally, there were also the Nuremberg trials, in which we participated, and at which Nazi leaders were convicted of war crimes after having been given extensive due-process rights.

Although I believe that a war-crimes trial of George W. Bush and his accomplices is legally justified, I cannot foresee it ever taking place; not only because it would much more deeply divide the nation than impeachment proceedings, but also because I doubt that any future American administration, with the threat of terrorism likely to continue for generations, would welcome the precedent of such a trial if there were another 9/11, or worse—resulting in more violations of American and international law uncritically accepted by a terrified citizenry.

Even so, the future histories of George W. Bush's torture presidency will lay out an abundantly documented case regarding the resounding crimes he has permitted, and committed, in our name.

Next week: A former high-ranking CIA lawyer adds dramatically to the indictment.

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