Teh Politics Forum Rumors and lies and Teh Iraqi Info Minister and much much more...

Powell and Three Others to Leave Cabinet.

Thread Tools
 
Search this Thread
 
Old Nov 15, 2004 | 02:28 PM
  #16  
Salty's Avatar
Thread Starter
VIP Member
iTrader: (14)
 
Joined: May 2003
Posts: 8,675
From: Wherever Sucks the Most
Car Info: 2003 WRX, 2008 Camry
Originally Posted by psoper
Far be it from my range of expertise to "define war crimes"; I just rely on the Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal. Adopted by the International Law Commission of the United Nations, 1950;

more specifically;

Principle Vl
The crimes hereinafter set out are punishable as crimes under; international law:
Crimes against peace:
Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
War crimes:
Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or illtreatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.
Crimes against humanity:
Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.
Principle VII
Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principles VI is a crime under international law.

But Alberto says W is above all law, domestic and international law, so who really cares what anyone thinks is a war crime?
So that's it? It's just black & white then?

You don't have anything personal to add about mission effectiveness and how it pertains to petty offenses as defined in UCMJ/Geneva war crimes?

Let me ask you this... If you were in Lt Col. West's shoes how would you have handled the particular situation he faced? Would you a) Disregard the immediate threat after considering possible repercussions of war crimes -and- not demand priority intelligence which could save friendly lives, including your own or; b) Do the exact same thing Lt. Col West did to get the intelligence he needed during unconventional circumstances via illegal action?
Old Nov 15, 2004 | 03:07 PM
  #17  
psoper's Avatar
250,000-mile Club President
 
Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
To be quite frank, I wouldn't let myself get into Lt Col West's shoes.

Being a pawn in an illegal war is not a situation I would knowingly volunteer to place myself in.

And how do you know that the "priority intelligence" he gathered by shooting over heads actually meant anything? Its his word against others, and apparently those that served with him felt it was inappropriate enough that they raised it to command.

The fact that criminal charges were dropped, yet administrative discipline was still rendered shows that his commanders also felt his actions were inappropriate, even if they felt they did not have a criminal case against him.

Another likely scenario is that they had plenty of evidence to convict, but did not want to set the precedent, since after all Councellor Rodriguez wrote his opinion that W is above all this legal crap, and anyone following his orders is thereby exhonerated.


But none of it would have happened if W hadn't launched the illegal invasion in the first place.
Old Nov 15, 2004 | 03:31 PM
  #18  
Salty's Avatar
Thread Starter
VIP Member
iTrader: (14)
 
Joined: May 2003
Posts: 8,675
From: Wherever Sucks the Most
Car Info: 2003 WRX, 2008 Camry
Originally Posted by psoper
To be quite frank, I wouldn't let myself get into Lt Col West's shoes.
What a bull**** answer...



Originally Posted by psoper
Being a pawn in an illegal war is not a situation I would knowingly volunteer to place myself in.



And how do you know that the "priority intelligence" he gathered by shooting over heads actually meant anything?
The "priority intelligence" meant something because of the fact criminal charges were dropped. If the allegations toward Lt. Col. West turned out to be warranted then he would have been made an example of with a massive dog and pony show. The military has a strong reputation to withhold it's zero tolerance policy so there's no questions later.



Originally Posted by psoper
Its his word against others, and apparently those that served with him felt it was inappropriate enough that they raised it to command.
Haha nice try... it's the Executive Officer's (XO 2nd in command) job to report anything of this nature or else the responsibility falls onto his shoulders. Haven’t you ever watched Crimson Tide with Gene Hackman and Denzel Washington?

EDIT: And just so there's no confusion a Lt. Col (Battalion Commander) has been an XO 2 times in his/her career. West knows how the cookie crumbles



Originally Posted by psoper
The fact that criminal charges were dropped, yet administrative discipline was still rendered shows that his commanders also felt his actions were inappropriate, even if they felt they did not have a criminal case against him.
Actually, it usually means the exact opposite considering the military's zero policy on many issues, especially those of war crime allegations. If Lt. Col. West hadn't been given a slap on the wrist then people, such as yourself, would have whined till the end of time.



Originally Posted by psoper
Another likely scenario is that they had plenty of evidence to convict, but did not want to set the precedent, since after all Councellor Rodriguez wrote his opinion that W is above all this legal crap, and anyone following his orders is thereby exhonerated.
Set the precedent!? Like this type of situation had never been addressed in past American wars? LMFAO! Name:  lol.gif
Views: 19
Size:  641 Bytes

Last edited by Salty; Nov 15, 2004 at 03:51 PM.
Old Nov 15, 2004 | 03:37 PM
  #19  
subaruguru's Avatar
Registered User
 
Joined: Aug 2004
Posts: 352
Originally Posted by psoper
Yeah, JA's gone, and boy am I excited about his replacement!

Alberto Gonzales is the man who advised the White House that they should build a defense in advance against someday being charged with war crimes.

He advised that we should declare the Geneva conventions as inapplicable, so as to be free to commit actions that would otherwise be considered war crimes.

He was the man that advised the White House that the president's orders, as commander-in-chief, superseded all other law, specifically our own war crimes act, and therefore anybody who committed a war crime in the belief that he was following orders would have a valid defense.
He was White house counsel. That's what lawyers do; they protect their clients using the best legal arguments they can muster. The idea that Alberto Gonzales had any hand at all in coming up with the war policy is absurd. Gonzales is not a military strategist or a politician. He is a LAWYER. Bush comes to him, and says "I'm going to do this this and this. Now make a legal defense for me."

That's how lawyers work. It's asinine to assume he supports torture based on his legal work.
Old Nov 15, 2004 | 03:40 PM
  #20  
subaruguru's Avatar
Registered User
 
Joined: Aug 2004
Posts: 352
Originally Posted by Salty

Set the precedent!? Like this type of situation had never been addressed in past American wars? LMFAO!
Salty has it dead on here. I think Psoper's problem is that he thinks based on reading a one page piece of the international conventions on torture and war crimes, that he therefore understands everything about how to apply them.

Spend some more time on google, Psoper.
Old Nov 15, 2004 | 04:25 PM
  #21  
psoper's Avatar
250,000-mile Club President
 
Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
Gee, its great to know that you guys know me so well you totally understand my thinking and of course you know how little I've studied international law.

I'll be getting back to google now.....
Old Nov 15, 2004 | 04:26 PM
  #22  
deyes's Avatar
Registered User
 
Joined: Jan 2004
Posts: 933
From: Sacramento
Car Info: Stock Legacy Turbo Wagon Silver
Powell is 67! Man, his biological clock is telling him he needs to fish!
Old Nov 15, 2004 | 04:43 PM
  #23  
subaruguru's Avatar
Registered User
 
Joined: Aug 2004
Posts: 352
Originally Posted by psoper
Gee, its great to know that you guys know me so well you totally understand my thinking and of course you know how little I've studied international law.

I'll be getting back to google now.....
Ain't it grand?


Seriously though, it's not some psychic power that says you don't know what you're talking about...it's looking at what you posted that tells me that.
Old Nov 15, 2004 | 04:45 PM
  #24  
psoper's Avatar
250,000-mile Club President
 
Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
Well, for your part- you have yet to make one coherent argument disproving any point I've ever brought up, so I don't give you much credibility either.
Old Nov 15, 2004 | 04:47 PM
  #25  
subaruguru's Avatar
Registered User
 
Joined: Aug 2004
Posts: 352
Originally Posted by psoper
Well, for your part- you have yet to make one coherent argument disproving any point I've ever brought up, so I don't give you much credibility either.
What was incoherent about my post re: Gonzales's job in the whitehouse?


And, I can't really say much about your "legal theory" because it doesn't exist. Law either works a certain way or it doesn't. I can't really prove that you're wrong except to say "no, that's not quite so simple."
Old Nov 15, 2004 | 04:54 PM
  #26  
psoper's Avatar
250,000-mile Club President
 
Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
My point was that he made these assertions, which taken prima facia are counter to the covenants and principles of international law.

Your counter was to give excuses, essentially "he's a lawyer, he was just doing his job"

I would state that a laywer that makes administration legal position statements which run counter to international law isn't a very good laywer.

I think we should have a good lawyer as Attorney General.

Last edited by psoper; Nov 15, 2004 at 04:57 PM.
Old Nov 15, 2004 | 04:56 PM
  #27  
Salty's Avatar
Thread Starter
VIP Member
iTrader: (14)
 
Joined: May 2003
Posts: 8,675
From: Wherever Sucks the Most
Car Info: 2003 WRX, 2008 Camry
Do you at least have a decent rebuttal for my last post regarding Lt. Col. West?
Old Nov 15, 2004 | 04:57 PM
  #28  
subaruguru's Avatar
Registered User
 
Joined: Aug 2004
Posts: 352
Originally Posted by psoper
My point was that he made these assertions which taken prima facia are counter to the covenants and principles of international law.

Your counter was to give excuses, essentially "he's a lawyer, he was just doing his job"

I would state that a laywer that makes position statements counter to international law isn't a very good laywer.

I think we should have a good lawyer as Attorney General.
Yeah, that was my point. A lawyer's job is to WORK FOR HIS CLIENT. If Bush says "we're doing this, now defend us", that's what you do. You don't set policy as whitehouse counsel. You act just like anyone else's lawyer; you give advice, and do the best you can with what your client gives you.

Now, on top of all that, he actually made a LEGAL argument for the bush policy, so the argument wasn't "we should break the law", it was "we can do this legally." Since you're obviously not even google certified to practice law, I fail to see how you can evaluate the legal quality of the work Gonzales did.
Old Nov 15, 2004 | 05:01 PM
  #29  
psoper's Avatar
250,000-mile Club President
 
Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
I might as well be arguing with a 2 by 4.

you guys believe all is well in your little army-man world, we'll just kill all the terrists and live happily ever after.

fine, have it your way.
Old Nov 15, 2004 | 05:06 PM
  #30  
psoper's Avatar
250,000-mile Club President
 
Joined: Nov 2002
Posts: 4,770
From: Bizerkeley
Car Info: MBP 02 WRX wagon
Originally Posted by subaruguru
Yeah, that was my point. A lawyer's job is to WORK FOR HIS CLIENT. If Bush says "we're doing this, now defend us", that's what you do. You don't set policy as whitehouse counsel. You act just like anyone else's lawyer; you give advice, and do the best you can with what your client gives you.
OK just one more point-

a good lawyer will tell you, "no- that's pretty f-ed up you shouldn't do that" when his client tells him he plans to do something illegal.

A kiss-*** syncophant lawyer will write up a position statement based on utter nonsense in an attempt to defend a clients wrongful action.

I still think we'd be better off with a good lawyer as Attorney General.



All times are GMT -7. The time now is 05:51 AM.