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July 24, 2008

DOJ: ‘Good Faith’ Protects Against Torture Charge

I'm looking forward to the DOJ applying their torture standard in all prosecutions.  What about the person that “believed in good faith” that the light was green?  They don't get a ticket!  That they weren't speeding?  No problem!  That there wasn't a pedestrian in the crosswalk?  Uh, but there was .... That the donation was not over the allowable limits?

It may be contextual information that is important in the ultimate degree of culpability in either the charge or the sentencing, just as manslaughter charges are brought on someone who didn't mean to kill someone (and it wasn't self defense), but doesn't mean you necessarily get off without taking some responsibility for your role in the illegal results.

Memo: ‘Good Faith’ Protects Against Torture Charge -  CommonDreams.org :

The Justice Department in 2002 told the CIA that its interrogators would be safe from prosecution for violations of anti-torture laws if they believed `in good faith’ that harsh techniques used to break the will of prisoners, including waterboarding, would not cause “prolonged mental harm.”

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