One thing that hasn't received much attention in conservative and Republicans circles is the ongoing conversation on the left about the possibility of Nuremberg-style war-crimes trials for members of the Bush administration should a Democratic president take office. I'm not exaggerating or introducing the Nazi analogy myself; they actually use the phrase "Nuremberg-style" when they discuss "war-crimes tribunals." And they are quite serious (although the more moderate of them prefer a "truth commission.") ...Ya think?
I think the thing to emphasize here is that this is a serious conversation going on among people who might have influential voices or play influential roles in an Obama administration. Many of them want to put John Yoo — a special favorite of theirs — on trial, whether before a Nuremberg-style tribunal, a criminal court, or a truth commission with as-yet unspecified powers. And, of course, they wouldn't stop with Yoo; if they had their way, they would likely have a long list of former Bush administration officials to put in the dock. They are serious.
Ah, yeah, they're serious. Note what I said yesterday, with reference to Spencer Ackerman's claims of genocide in Iraq and the need for Balkans-style war crimes tribunals:
This all ties into the big push on the left for "accountability" of the Bush administration foreign policy decisions, such as the treatment of enemy combatants at Guantanamo Bay, as well as the domestic surveillance operations and the question of telecom immunity.See also, Veracifier, The Sundries Shack, Talking Points Memo and Whiskey Fire.
Ideally, for war opponents, Bush administration "criminals" would be prosecuted for war crimes under a Barack Obama administration come January 2009. What's most likely to happen, in the advent of an Obama regimes, is that Congress would establish a "commission on torture" to investigate alleged wrong-doing under the Bush-Cheney years. Yet, the recent hard-left uproar over Obama-advisor Cass Sunstein's recent dismissal of war crimes prosecutions indicates that the antiwar forces want a bit more than "truth and reconcilliation."
Thus, today's uproar over the Biddle, O'Hanlon, and Pollack essay can be seen as building more war crimes charges against the administration.
The whole thing may well end up being a bunch of sound and fury, signifying nothing, especially as Barack Obama's been dropping in the polls like an anchor.
On the other hand, the war crimes push is an international movement, and U.S. bloggers like Ackerman, Ezra Klein, and the crew at Newshoggers - with no substantive loyalty to the principle of American sovereignty - would like nothing more than the establishment of a universal jurisdiction of vengeance and star chamber prosecutions of Bush's neo-imperialist cabal next year.
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