Question of criminal prosecution of George W. Bush rising from Iraq war

Here’s another new book which may or may not be on your summer reading list, but the essence of which you may wish to be familiar with after January 20, 2009, when President Bush leaves office: The Prosecution of George W. Bush for Murder  (Vanguard Press 2008). A precis review might be useful.

Author Vincent Bugliosi (who wrote the bestseller “Helter Skelterâ€� on the Charles Manson case) is a renowned L.A. county district attorney who has successfully prosecuted 106 felony jury trials, including 21 murder convictions without a single loss. Bugliosi regards the chances  good for successful prosecution of citizen Bush for conspiracy to commit murder and for actual commission of murder, that is, of the deaths of over 4,000 young Americans in Iraq. It constitutes one of the clearest cases for guilt and conviction he has seen in his lengthy career.

Bugliosi approaches this book writing with passion, but also with the cold rigor of a professional prosecutor presenting his case to an American jury. He provides witness testimony, as he would in court, of American families whose victimized sons and daughters, as it turns out, gave their lives in Iraq, not for you or me, or for America, as they thought, but for the lies and ambitions of a few selfish, spoiled and privileged individuals, co-conspirators Bush, Cheney, Rove et al.  It’s pretty devastating.

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Next Bugliosi proceeds to outline the legal framework for the prosecution.  He makes sure the reader (the jury) understands the legal definition of the crimes of murder and conspiracy, the meaning of criminal intent, premeditation, reckless disregard for human life, casualty, liability for conspiracy, the doctrine of innocent agent, self-defense, the law of aiding and abetting, and the felony-murder rule. Applying these legal rules and standards, prosecutor Bugliosi argues and provides evidence that “Bush did, in fact, specifically intend to have Americans killed.â€�

Then Bugliosi turns to the red meat of the charges. He provides to the reader (the juror) an avalanche of witnesses and documentary evidence to show that Bush, Cheney and their co-conspirators deliberately launched us into this war in Iraq, on the basis of of two absolute, known lies to Congress and the American people:  (1) that Hussein had weapons of mass destruction and was an imminent threat to America, and (2) that Hussein was involved with al-Qaeda and “9/11.â€�

As a disciplined prosecutor, Bugliosi offers witness evidence and documentary proof, not only that Bush had the means literally in hand to know that these two allegations were untrue, but that he actually believed them to be false when he used them to mislead Americans into war in Iraq. He thus “caused,� in the legal sense, the deaths of several thousand young Americans, whose families now have murder and wrongful death claims for first- and second-degree murder, under federal statute and under the laws of all 50 states.

For example, as the “Downing Street memoâ€� and other documentary evidence clearly show, Bush intended to provoke Hussein to make a first strike against the United  States, Israel or other ally, which he would not have done if he actually believed Hussein possessed nuclear or biochemical weapons and ballistic missiles or other means of striking within 45 minutes. Bush knew and believed we were not in imminent danger.

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Personally, on hearing Vincent Bugliosi elaborate on this on public radio, I rather resent Bush’s personal proposal to shoot down an airliner in United Nations colors over Iraq, blame it on Hussein, and then escalate incidents on both sides until Hussein was provoked to launch a major first strike that would justify war.  (Was “9/11â€� itself such a pretext?)  

In fact, as U.N. inspectors assured us, Hussein had destroyed all his WMD capabilities in 1991. Bush’s problem was that the U.N. had already removed the WMD argument for going to war. Bush’s rush to war was an attempt to go in before others found out.

Bugliosi deals with Bush’s main defense to the murder charge, namely that he acted in “pre-emptiveâ€� self-defense.  He provides ample evidence that Bush knew he was not acting in self-defense, and was not in imminent danger. Bugliosi believes this evidence meets the prosecutor’s burden of proof “beyond a reasonable doubt.â€�  

As to jurisdiction and place of trial, the best venue would be the District of Columbia in Washington under 18 U.S.C Section 1117 (Conspiracy) and 111 (Murder). However, prosecution could occur under any of the 93 U.S. attorneys in federal courts, or by state attorney generals or district attorneys, on behalf of those killed, in any (or all) of the 50 states.  Bugliosi personally stands ready to help. That’s a chilling thought for the accused.

In all states it would be up to the jury to decide what the appropriate punishment should be for the convicted defendants. Depending on the state, the punishment would range from life imprisonment with the possibility of parole, to life without possibility of parole and the death penalty.

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Nothing in the law protects a former president or vice president, once out of office, from criminal prosecution, and there are no time limits (“statutes of limitationâ€�) for such prosecution.  

Here’s a question for you:  Should civil damages be awarded to victims’ families, or do you think we should allow the families of criminals to be further enriched by their ill-gotten gains? That’s for you, the American people, to decide.

Bugliosi ends his book with some add-on remarks, not directly related to prosecution, to the effect that Bush and Cheney could not possibly have been any worse in handling the “war on terrorism,� and that Bush and his ilk have turned America upside down. Bugliosi is aware that impeachment hearings constitute a sort of prelude to criminal prosecution, and he is one of the witnesses called by the House Judiciary Committee and possibly the Senate on this subject. All this contributes to a very restless night’s sleep.

Sharon resident Anthony Piel is a former director and legal counsel of the World Health Organization.

 

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