Tuesday, November 08, 2005

Fuzzier and Fuzzier

Speaking of disregard for the law…

Check out this article by Jane Mayer in the latest New Yorker (hand salute to FAllenmonk).
Two years ago, at Abu Ghraib prison, outside Baghdad, an Iraqi prisoner in [CIA Agent Mark] Swanner’s custody, Manadel al-Jamadi, died during an interrogation. His head had been covered with a plastic bag, and he was shackled in a crucifixion-like pose that inhibited his ability to breathe; according to forensic pathologists who have examined the case, he asphyxiated. In a subsequent internal investigation, United States government authorities classified Jamadi’s death as a “homicide,” meaning that it resulted from unnatural causes. Swanner has not been charged with a crime and continues to work for the agency.

Rule of law… Rule of law… Rule of law…


  1. Last I heard with respect to Swanner, the revised definitions of torture and abuse and the like promulgated by the Bush administration may be making it more difficult to bring charges in the case (or even for the agency to undertake punishment on its own). I don't know all of the details, but apparently this is throwing a bit of a wrench into prosecutions, at least thus far.

  2. Scott,

    I'm catching up with this story. There was some talk that this was one reason the admin doesn't want McCain's torture amendment passed.

    But I'm under the impression that the ex-post facto clause would apply, and anyone prosecuted would only be subject to the laws that existed at the time of the act.

    Or something like that.