Thursday, April 03, 2008

Must Read

Scott Horton, on John Yoo's newly released torture memo. Shocking? Only if you've been under a rock for the last 5 years.

UPDATE: Reading it over and this passage stuck out:

"The circumstances under which the memoranda were prepared and issued constitute a joint criminal enterprise involving individual actors; the memos were issued as part of an actual plan to induce individuals to commit criminal acts by ensuring that their crimes would never be investigated or prosecuted. Under the standards of United States v. Altstoetter it was reasonably foreseeable that the issuance of these memoranda would result in serious harm, including assault, torture and death, to protected persons in the custody of the United States. Accordingly, each of the actors, including the memoranda writers, is criminally liable. As a product of a joint criminal enterprise, none of the legal memoranda has any force or effect as a legal opinion. It is particularly noteworthy that the major focus of Yoo Two is the criminal liability of the actors."

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