Podcast: Play in new window | Download
[Law and Disorder Radio: Encore Interviews on Prosecution]
The Trial of Donald Rumsfeld: A Prosecution by Book – Michael Ratner
We are very pleased to talk with our own Michael Ratner, president of the Center for Constitutional Rights about his recent book The Trial of Donald Rumsfeld: A Prosecution by Book. Michael’s book exposes how hundreds of individuals were victims of gruesome crimes inside the secret prisons in Iraq, Afghanistan and Cuba while under International and American law. Michael Ratner not only levels the charge against former US secretary of defense Donald Rumsfeld but lists others to be guilty of the US War Crimes Act of 1996 such as David Addington, George Tenet, Alberto Gonzales, and John Yoo.
The case is presented in shocking detail, it’s a blueprint for prosecuting war criminals and a powerful reference tool for holding the Bush administration’s rogue leadership accountable. One review states that it quote represents a case that a prosecutor could bring against Donald Rumsfeld were he not shielded by dubious immunity doctrines crafted by the Bush administration and the judges it has appointed.
Guest – Michael Ratner – president of the Center for Constitutional Rights and author of many books including, Guantanamo: What the World Should Know. Michael has worked for decades, as a crusader for human rights both at home and abroad litigating many cases against international human rights violators resulting in millions of dollars in judgments for abuse victims and expanding the possibilities of international law. He acted as a principal counsel in the successful suit to close the camp for HIV-positive Haitian refugees on Guantanamo Base, Cuba. Over the years, he has litigated a dozen cases challenging a President’s authority to go to war, without congressional approval. In the wake of the September 11 attacks, the Center has focused its efforts on the constitutionality of indefinite detention and the restrictions on civil liberties as defined by the unfolding terms of a permanent war. Among his many honors are: Trial Lawyer of the Year from the Trial lawyers for Public Justice, The Columbia Law School Public Interest Law Foundation Award, and the North Star Community Frederick Douglass Award.
—–
David Swanson: Why We’re Planning to Prosecute Cheney and Bush
In an article published on the website – AfterDowningStreet, author David Swanson lays out another powerful case as to why it is critical to hold leadership accountable for war crimes. He explains that if much needed change is made in the United States such as a transparent electoral process, eliminating secret government and constitutional amendments, it would still not be enough to “chain the dogs of war.” Hosts discuss with David Swanson about why it’s critical to hold a conference to plan the prosecution of Bush and Cheney.
Guest – David Swanson, creator of many media-based websites including MeetWithCindy.org and KatrinaMarch.org, he has worked as a newspaper reporter and as a communications director, with jobs including press secretary for Dennis Kucinich’s 2004 presidential and three years as communications coordinator for ACORN (the Association of Community Organizations for Reform Now)
—-
Legislation To Stop Preemptive Pardons
So far George W Bush has issued nearly 170 pardons, they include a Missouri farmer who unintentionally poisoned three bald eagles. Pardons give the recipients greater leeway to find jobs, live in public housing and vote. Many expect that President Bush will pardon himself and other high officials as a shelter from criminal charges and that’s what New York Congressman Jerrold Nadler is trying to prevent. Nadler is the Chair of the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties, and he’s recently introduced House Resolution 1531 demanding that Bush refrain from issuing pre_emptive pardons of senior officials in his Administration during the final 90 days of office.
New York Congressman Jerrold Nadler:
- No pre-emptive pardons, the president should not do it, it’s a dangerous abuse of pardon power.
- HR 1531 also says that we believe an attorney general should appoint an independent counsel to investigate alleged various crimes, such as warrantless wiretapping, torture, renditions and so forth committed during the Bush administration.
- Premptive Pardons: President Ford pardoned Nixon, for any crimes that he might have committed.
- President H W Bush pardoned Casper Weinberger and various other people for any crimes they might have made. President Carter pardoned anyone who violated the draft laws in evading the draft during the Vietnam War.
- My feeling is the reason for pardons or give the pardon power in the first place is you want to temper justice with mercy.
- It would be an abuse of power before they get convicted of a crime. If he pardoned all the people well, then how do you develop a case.
- I think there should be a commission with supoena power, that can get at the facts, that can have people testify, that can develop more information for prosecutors to use.
- Right now the narrative will be: Nobody did anything wrong, we protected the American people from terrorism.
- We need to educate the American people about why these prosecutions must be done.
- It’s very important for the people in a democratic country to know what was done in their name.
- One of the problems we have in this country today is that everything is secret.
- The resolution will not be passed in this Congress. If Bush exercises pardons, then there’s very little we can do about those pardons. I’m going to introduce a constitutional amendment to restrict the pardon power in the future.
Guest – Congressman Jerrold Nadler – He represents New York’s Eighth Congressional district. The Eighth, one of the most diverse districts in the nation, includes Manhattan’s West Side below 89th Street, Lower Manhattan, and areas of Brooklyn including Borough Park, Coney Island, Brighton Beach, Sea Gate, Bay Ridge, and Bensonhurst.
—
Harpers Magazine Panel: Justice After Bush: Prosecuting an Outlaw Administration
We hear from our own Michael Ratner President, Center for Constitutional Rights. The event discussed methods available to a democracy to prosecute high officials in the Bush Administration and responded to Scott Horton’s Harper’s Magazine cover story called “Justice After Bush: Prosecuting an Outlaw Administration.”
- Elizabeth Holtzman, Author, The Impeachment of George W. Bush
- Scott Horton, Contributing Editor, Harper’s Magazine
- Jerrold Nadler, Chairman, House Subcommittee on the Constitution
- Antonio Taguba, Major General (U.S. Army Ret.)
—————————————————————————————-