Gov't. Crime: Obama's Judgment Fails.

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Pres. Obama insists that his actions to insure torture will not take place under his administration is sufficient, and that crimes committed before he came to office by the Bush administration do not warrant the application of justice or expense of investigation and prosecution, except in defense of torturers. Pres. Obama said, "I am a strong believer in looking forward, not backward." This faulty logic applied to all crime would make the case that murderers, thieves, and rapists should not be prosecuted provided such perpetrators promise not to do it again. Where has Pres. Obama's logic and Constitutional law education gone?

There is much more to this decision than a simple lapse of judgment, or memory of the basic principles of our justice system from college. Pres. Obama has, on a host of other decisions, demonstrated proficiency in memory, Constitutional education, and judgment. Why, then, does he now expose himself, and our nation, to such obvious criticism for equally obvious bad decision making on this one issue? It is a mystery, that will continue to demand a rational explanation. His believing in looking forward and not backward, is wholly insufficient as a rational explanation.

The ACLU demanded that the Obama administration release memos justifying and authorizing illegal torture procedures. Pres. Obama agreed to release these memos. Pres. Obama cannot possibly avoid knowing that the release of such memos require, under our rule of law system, prosecution of crimes committed as a result of those memos. A case can be logically made, to not prosecute CIA operatives following executive orders of the White House. But, under our Constitutional rule of law, no logical case can be made for the failure to prosecute the decision makers who authorized illegal acts of torture.

The complete absence of a rational and defensible explanation for Pres. Obama's behavior in this matter, will and are fostering conspiracy theories. One will posit that Pres. Bush or Dick Cheney or agents of same have communicated to Pres. Obama that the Bush administration put in place a completely secret black ops organization within the government that will take out any subsequent president and their family, who attempts to implicate or prosecute Pres. Bush and members of his administration. Another conspiracy theory already posits that Pres. Obama is carrying forward a secret presidential agreement that no president will ever prosecute a previous president or their staff as an insurance policy that Pres. Obama himself will not be held responsible for actions which may be deemed unconstitutional or illegal in the future.

Pres. Obama must NOT be allowed to continue, without perpetually being hounded by the press and public for a rational and defensible explanation for his decision in this matter. In America, there is not one law of exemption for those in power, and another law of prosecution for the rest of society. If anything, it was the founding father's intent to hold those in power to a higher legal standard and accountability than the lay public. Pres. Obama is violating one of the most basic principles of our rule of law. And Pres. Obama cannot be permitted to get away with this with a passing reference to his preference to look forward and not backward.

Pres. Obama insists that his actions to insure torture will not take place going forward under his administration is sufficient, and crimes committed before he came to office by the Bush administration do not warrant the application of justice or expense of investigation and prosecution. If Pres. Obama insists on this defense for his action in this matter, then he is obligated by consistency of application to instruct his Attorney General to not prosecute any crime in which the perpetrator offers the assurance that it won't happen again.

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This page contains a single entry by David R. Remer published on April 17, 2009 1:05 PM.

Gephart vs. Obama: Health Care was the previous entry in this blog.

Leadership and Neighborliness is the next entry in this blog.

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