As Harper’s Scott Horton documented over the weekend, a new filing by the Obama DOJ in defense of John Yoo is “seeking to make absolute the immunity granted Justice Department lawyers who counsel torture, disappearings, and other crimes against humanity.” In other words, as we lecture the world about the need for them to apply the rule of law and hold war criminals accountable, we simultaneously proclaim about ourselves:
We can kidnap your sons from anywhere in the world, far away from any “battlefield,” ship them thousands of miles away to an island-prison, abuse and torture them mercilessly, and when we either drive them to suicide or kill them, you have no right to any legal remedy or even any recourse to find out what happened.
As Horton writes, the claim that government officials enjoy a virtually impenetrable shield of immunity even in the commission of war crimes ”has emerged as a sort of ignoble mantra for the Justice Department, uniting both the Bush and Obama administrations.”
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