QUOTE (BearSox @ Apr 21, 2009 -> 05:07 PM)
I have a question... how can the people who advised the torture be prosecuted? What laws did they break?
How's this for fitting in to the Republican thread, I'm going to cite the dissent in the Hamdan case by Justice Clarence Thomas explaining how joining in a conspiracy to violate the laws of war exposes you to legal jeopardy.
Basically, it's the reverse of the Eichmann defense, and it doesn't work either way. If you're trying to justify and cover up orders to violate the rules of war, it doesn't matter if you were doing the "walling" yourself. It is your job under the laws of war to object and to refuse to enable those violations.
It's probably not an easy case to make, but it's probably easier than proving perjury. It's similar to charging a mob lawyer for having been a participant in illegal actions.