We constantly hear from the Bush administration and today, from John McCain, that he would appoint judges who would enforce, not make, laws. Yet here we have the Attorney General of the United States taking an admittedly unprecedented position that the law is whatever the Office of Legal counsel in the Justice Department says it is. In other words, a flawed Justice Department opinion trumps not only treaties, but congressional enactments and even the constitution's prohibition of cruel and unusual punishment. I thought that we fought a revolutionary war over the concept that the "King can do no wrong."
Muckraker Talking Points Memo Mukasey: The Law Is What The Justice Department Says It Is: "Mukasey wanted to say it more carefully. 'I think what I said was that we could not investigate or prosecute somebody for acting in reliance on a Justice Department opinion.'"
The sad thing is that I believe, based upon the view of the Clinton administration with respect to inherent Presidential powers that Hillary would also agree with this unamerican concept. At a minimum she should be asked the questions.
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