Friday, May 15, 2009

Andy McCarthy: Isn't Pelosi Guilty Even on Her Own Account?


http://corner.nationalreview.com/post/?q=YWQzYjlhZTBmYjI2OGUxNzE4YmRlMzE0YWUxZWYyOTQ=

American law regards conspiracy to commit torture as something exactly as serious, punished exactly as severely, as actual torture. As it happens, I don't think waterboarding as administered by the CIA was torture. But Pelosi says she does. If that's where you're coming from, how do you get off the hook by saying you only knew about a plan to torture but not actual torture?

To establish torture conspiracy, a prosecutor wouldn't even have to prove an overt act in furtherance of the conspiracy. You just need to show that two or more people agreed to commit the prohibited act. Here, though, by her own account (or at least one of her own accounts), Pelosi knew the CIA was planning to use waterboarding and later learned it was actually being done. So, if Pelosi was told — as the CIA says she was — that waterboarding was being used, that's another nail in the coffin.  But for a prosecutor, it's just gravy — not at all necessary to the case. As Pelosi herself tells it, she was aware of a conspiracy to torture — which is just as significant under the law as torture itself — and she did nothing about it.


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