Monday, May 04, 2009

Gonzo and Ashcroft disagree with Rice: Just because a President says it doesn't make it legal

Thinkprogress:

Former Secretary of State Condoleezza Rice recently tried to defend the Bush administration’s torture program in a discussion with a group of Stanford students on April 27. Channeling Richard Nixon, Rice said that “by definition,” once the president authorized “enhanced interrogations,” they were automatically legal:

Q: Is waterboarding torture in your opinion?
RICE: I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.
Today, Dan Abrams released the
transcript of a panel discussion he conducted with former attorneys general John Ashcroft and Alberto Gonzales that same day. When Abrams asks them a question similar to the one posed to Rice, Ashcroft and Gonzales come to a very conclusion — Nixon is wrong:
ASHCROFT: When the President does it. If he has the authority to do it, it means it’s not a crime.
ABRAMS: Take away the caveat there. If has the authority to do it. What President Nixon was saying was “When the President does it, that means its not illegal.”
ASHCROFT: Well, no. Obviously the President does not have carte blanche to do things – [Applause] that are illegal. [...]
ABRAMS: Do you disagree with President Nixon as well? [...]
GONZALES: I think that’s its dangerous to say that the President would have that kind of authority.

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