But, you seee, that’s really irrelevant to a legal charge of murder. You don’t need the emotional agony of reading heartbroken parents’ stories. It’s obvious that soldiers died; the fact that families are upset might be relevant at sentencing, but it’s not a fact that would require cumulative proof at trial.
The very fact that his thesis relies so strongly on outrage is evidence of the legal weakness of his case. He needs the reader to be so furious at the terrible deaths that he wants someone to pay, and isn’t particular about the legal niceties in getting that someone to pay.
This Bugliosi authored entry on The Huffington Post gives a nutshell version of his book for those who don’t want to read the book or the full website.
I heard him interviewed on Air America a couple of weeks ago, and that’s what I understood, too.
From the interview I heard, there is no emotional appeal being made as any kind of argument for a murder charge. That’s probably just to fill more pages in a book, and make it more likely to be read by the general public, who seem to crave the “gory details” as it were. He actually laid out a very precise legal argument, void of any emotion, that he thinks can legitimately be used by any prosecutor’s office in any state where a slain soldier resided (should they have the balls to do it).
In my opinion, there’s no case here. There’s no legal precedent making Presidents criminally liable for the death of soldiers who die in combat. Congress approved military action so it was legal. Bush almost certainly is guilty of lying to Congress and the public about the evidence making the case that military force was needed but, as far as I know, that’s not an actual crime.
But that’s what he’s claiming – that the lie that led to the approval by Congress to send our soldiers into war, constitutes a crime that could have him be prosecuted for murder for any death that occurred as a direct result of that lie.
As much as I admire Obama and loathe Bush, as much as some believe Obama is someone selling dreams instead of reality, and despite how much supporting evidence there is, I cannot see our next president allowing the Justice Department or a Congress composed of people of his own party pursuing this. It would be too divisive and I believe Obama is pragmatic and long ago learned that such a path would block other paths that would provide real good, not just smug satisfaction.
We want truth and justice, and justice is impossible. 500 years in a Club Fed wouldn’t be justice for one American soldier, or one innocent Iraqi.
So, we can’t have justice. How about truth, then? How about all the subpoenas go, everybody swears and testifys, and we know who did what when. That’ll have to do, its all we’ll ever get.
You still aren’t getting it. This is not something he’s suggesting Congress or the next President pursue. He wants, for instance, Steve Cooley, to indict Bush on a murder charge for the deaths of
Los Angeles Pineda, Carlos Corporal 24-Jun-2005
Los Angeles Whitley, Dion M. Lance Corporal 15-Jun-2005
Los Angeles Monzon Jr., Milton M. Sergeant 24-Jul-2005
Los Angeles Garcia-Arana, Juan de Dios Staff Sergeant 30-Apr-2005
Los Angeles Menyweather, Eddie E. Staff Sergeant 23-Nov-2003
Los Angeles Gonzalez, Benjamin R. Lance Corporal 29-May-2004
Los Angeles Penamedina, Abraham D. Staff Sergeant 27-Apr-2004
Los Angeles Marshall, John Winston Sergeant 1st Class 08-Apr-2003
Los Angeles Martinez-Flores, Francisco Abraham Private 1st Class 27-Mar-2003
Los Angeles Gonzalez, Jorge Alonso Corporal 23-Mar-2003
Los Angeles Lu, Victor R. Lance Corporal 13-Nov-2004
Los Angeles Martinezluis, Trinidad R. Sergeant 28-Nov-2004
Los Angeles Figueroa, Luis A. Lance Corporal 18-Nov-2004
Los Angeles Razani, Omead H. Specialist 27-Aug-2004
Los Angeles Lopez, Edgar E. Sergeant 28-Aug-2004
Los Angeles Villanueva, Joselito O. Sergeant 1st Class 27-Sep-2004
Los Angeles Sandoval-Flores, Felipe D. Lance Corporal 02-Apr-2006
Los Angeles Guerrero, Salvador Lance Corporal 09-Jun-2006
Los Angeles Abad, Roberto Corporal 06-Aug-2004
Los Angeles Perez, Geoffrey Private 1st Class 15-Aug-2004
Los Angeles Muy, Veashna Lance Corporal 23-Jun-2005
Los Angeles Carrillo, Alejandro Sergeant 30-Jan-2007
Los Angeles Young, Christopher D. Specialist 02-Mar-2007
Los Angeles Catalan, Romel Specialist 02-Jun-2007
Los Angeles Gagarin, Greg P. Staff Sergeant 03-Jun-2007
Los Angeles Ayres III, Robert T. Sergeant 29-Sep-2007
I don’t believe it is. It’s illegal to lie to Congress or any other “competent tribunal, officer, or person” if you’re under oath (18 USC 1621), but not otherwise.
If you were going to bring any federal charges against him, they’d be either war crimes (18 USC 2441) or conspiracy to commit torture (18 USC 2340), but the board’s been over those enough times…