Will Bush walk off scot-free?

In his Nov. 16 interview on CBS's “60 minutes,” President-elect Barack Obama reiterated his pledge to shut down Guantanamo Bay and end U.S.-sponsored torture. Both actions would be “part and parcel of an effort to regain America's moral stature in the world,” he said.

Obama's advisers are similarly encouraging him to look to the future and avoid the appearance of seeking vengeance for past practices. But many legal experts insist it's as important not to let those responsible for diminishing America's moral stature get away scot-free.

“When we speak about accountability, we're not talking about vengeance,” lawyer and writer Scott Horton told at a packed forum on torture at New York University School of Law last week. “We're really talking about the future.” President George W. Bush “has set a precedent that we cannot let stand.”

Rep. Jerrold Nadler (D-N.Y.), who also attended the forum, added: “Accountability is one of the most important questions before the country. It's critical to preventing a recurrence of the lawbreaking that clearly has been done [by this administration].”

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Pardons for administration officials would not necessarily close down the inquiry, however. A pardon wouldn't stop victims of torture from suing U.S. officials, for example, and revealing the truth — although federal government officials can claim all sorts of immunities that would make such cases difficult to pursue in the United States. And a pardon would not prevent another country, or an international tribunal, from investigating and prosecuting war crimes and other violations of international law.

“Hitler could not pardon himself and the Nazi general staff for war crimes committed during World War II,” said Golove. “Even if he could have pardoned them under German law, that wouldn't have had any effect at the Nuremberg Tribunal.”

As Ratner of the Center for Constitutional Rights noted at the NYU forum, “You cannot pardon war crimes and torture. Maybe here, but they're not going to walk so freely in Europe.”

The center and prosecutors abroad have already sought to bring administration officials to trial in Germany, France, Italy and Spain, among other countries. Although charges probably wouldn't land any U.S. officials behind bars, it could at least put a crimp in their travel plans — and prompt investigations that might further tarnish the Bush legacy.

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[ via Information Clearing House ]