Crimes without Prosecution

4. Back to politics. One can easily imagine the defense strategy, which will start by calling to the stand various Democratic senators and representatives who had been informed of the interrogation tactics and did not publicly object to them at the time. The testimony would surely be entertaining, as the politicians would be put in the impossible position of either admitting their moral complicity, which would make the entire trial look like a political show trial designed to punish Republicans but not Democrats, or looking like cowards who knew that the government was breaking the law but despite their oath to the Constitution were unwilling to do anything about it. Do Obama and Holder really want to put leaders of their own party in Congress in this position?1

Is it any wonder that I find the compromises of politics so difficult to accept?

  1. The Volokh Conspiracy : Eric Posner : Does Holder’s “waterboarding is torture” comment implicitly commit him to prosecuting Bush administration officials?