oh for crying out loud!

[winterbadger]

After concluding that the laws of war did not apply to the conduct of the U.S. military, the memo [written by Justice Department lawyers John Yoo and Robert J. Delahunty in January 2002] argued that President Bush could still put Al Qaeda and Taliban fighters on trial as war criminals for violating those same laws. While acknowledging that this may seem “at first glance, counter-intuitive,” the memo states this is a product of the president’s constitutional authority “to prosecute the war effectively.”

from MSNBC

Comments

[robbysmom.livejournal.com]

DOJ: too clever by half, and whatever fun these guys had suggesting that Executive Authority is anything they can construe it to be, esp. in war time, it's just too obvious-- so that they have to address it-- that this is inconsistent. Applying a law in that way would eb the makings of a kangaroo court. Now, in Gitmo, there is no due process- which may or may not be accord with international law, but at least it's consistent.