Nuremberg or Nothing for Bush Administration Officials?:

By Orin Kerr on August 7, 2008 4:46 pm

TPM TV has an interview with Dahlia Lithwick on whether the Bush Administration officials responsible for legal strategies in the GWOT should be tried for war crimes Nuremberg-style, or whether a Truth Commission South-Africa-style or just some investigations or even nothing is more appropriate:

I personally think it’s delusional to think that the public would allow former U.S. government officials to face war crimes prosecutions or anything remotely like it for their legal advice in the war on terror. Those who want war crimes investigations brought against Bush Administration officials remind me a lot of the Republicans who wanted Bill Clinton impeached and removed for his conduct in Monicagate in the late 1990s. They’re mistaking the anger and sense of moral righteousness among the base with the attitudes of the public at large.

But I doubt we’ll get to that point anyway. Based on what we know about George W. Bush, isn’t it highly likely that he’ll pardon everyone prospectively on his way out in January 2009? After all, the officials were doing the President’s bidding. In an Administration as focused on loyalty to the President as this one, I would be surprised if he would let his people face the prospect of prosecution down the road.

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