Go read DK's intro into this oped by former congresswoman Elizabeth Holtzman:

The administration has apparently decided to secure immunity from prosecution through legislation. Under cover of the controversy involving the military tribunals and whether they could use hearsay or coerced evidence, the administration is trying to pardon itself, hoping that no one will notice. The urgent timetable has to do more than anything with the possibility that the next Congress may be controlled by Democrats, who will not permit such a provision to be adopted.

Creating immunity retroactively for violating the law sets a terrible precedent. The president takes an oath of office to uphold the Constitution; that document requires him to obey the laws, not violate them. A president who knowingly and deliberately violates U.S. criminal laws should not be able to use stealth tactics to immunize himself from liability, and Congress should not go along.

There's always travel abroad to consider. Unless they can get the whole world to change their interpretation of Geneva, isn't that a concern? It would seem the administration itself is at least a tad worried about legal liability for violating Geneva domestically, so has this crossed its legal minds? This from Newsweek would suggest such concerns are not abstract.

More from Hilzoy at Obsidian Wings, Balkinization, and Newsday.

Posted by Laura at September 24, 2006 12:05 PM