June 07, 2004
Query
Posted by
Mark Kleiman
Comparing actions of American elected officials to actions of the Nazis is out of bounds. We all agree on that.
Here's the question, though:
Suppose the General Counsel of the Air Force (a political appointee) writes, and the Secretary of Defense approves, a memo arguing that the President has "inherent authority" as commander in chief to order torture, and that officials who torture prisoners pursuant to such supposed authority could use the "Nuremberg defense" (I was only following orders) to escape prosecution.
Under those circumstances, what are we allowed to say? ("Nixonian" is a correct characterization of course, but hardly adequate.) Inquiring minds want to know.
