Daphne Eviatar


Daphne Eviatar, Senior Associate in Law and Security for Human Rights First, discusses the preemptive legal defenses trotted out by John Yoo and Dick Cheney, information missing or withheld from the DOJ’s Office of Professional Responsibility’s torture memo investigation, the incompatibility of Yoo’s extralegal commander-in-chief theory with any semblance of Constitutional rule of law and why a post-apartheid South Africa-style truth commission may be the best resolution of Bush administration crimes we can hope for.

MP3 here. (26:56)

Daphne Eviatar is a lawyer and freelance journalist whose work has appeared in the New York Times, The Nation, Legal Affairs, Mother Jones, the Washington Independent and many others. She is a Senior Reporter at The American Lawyer and was an Alicia Patterson Foundation fellow in 2005 and a Pew International Journalism fellow in 2002.

12 thoughts on “Daphne Eviatar”

  1. The missiles to be deployed on ships in the Black Sea in Bulgaria and on land in Romania and Poland by 2015 are a necessary component for an unanswerable first strike – – to shoot down surviving Russian missiles which are launched in retaliation according to former Trident missile engineer Bob Aldridge-http://www.plrc.org-. An unanswerable first-strike capability leads to Launch On Warning. Who believes it has anything to do with Iran ? Only Bob Aldridge realized the danger and resigned.

  2. I just listened to a show called 'The Rape of Nanking' and I now wonder what the US is capable of in the Middle East and other wars we have started.

  3. YES, YES .. YES!!! It was a conspiracy!! It needs to be investigated as a conspiracy…….And prosecuted
    as a conspiracy… It not only WAS a conspiracy, it IS a conspiracy and continues to be a conspiracy..
    In this case, IT IS A CAPITAL CRIME, punishably by DEATH….. John Yoo ran that risk when he dreamed up and endorsed his ABOVE THE LAW fantasy…

    TITLE 18 > PART I > CHAPTER 113C > § 2340A
    Prev | Next
    § 2340A. Torture
    How Current is This?
    (a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
    (b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
    (1) the alleged offender is a national of the United States; or
    (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
    (c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

  4. How can you hold truth commission hearings when the current cast of criminals in the White House are carrying out what their predecessors set in motion? Nice thought but ultimately absurd.

  5. Eviatar is waaay too generous to O. He has spread the U.S. wars against Islam to 2 more countries. O sez he doesn't torture; do did O. Only a fool would believe what he sez.and that bit about tst, tsk, don't attack civilians is worse than lip service.

  6. Wish I could understand US politics, foreign affairs, deficits and why criminals are free from prosecution.

    Everybody seems to know what's going on but they all have different opinions and sources of information.

  7. We used to just shoot the pieces of non uniformed crap after extracting every last ounce of info from their fear ridden brains, and that was after putting the FEAR OF GOD in the entire enemy populace, which then of course SURRENDERED after peeing and pooing their pants and panties nationwide.
    Then they got a decent democracy and became a prosperous world power.
    Nowadays, we have our own left wing loon populace wetting it's pants and pooing everywhere, like a deranged deformed worm, and whining in fear that if we hurt the enemy that has sworn to murder every last one us, that they will get mad and uppity and really want to get us.
    Yes, indeed, we have a nation brimming with crazed lunatic tree hugging parasitic RETARDS.
    Maybe our lunatic libwretchers should travel to Karachi and file a lawsuit against Osama for allowing torture of his troops. ( Yes, the insane libs probavbly have already done that)
    So, goodbye dear 'ol USA, you now have libtard commie lunatics infecting every crevice of public and private life, and they are all moonbat INSANE !
    See ya after the big lib fallout bombs blow the whole place to smithereens.
    Won't be long now.

  8. Those vile sonsofbitches Cheney and Yoo should be hung from their–er, uh, privates.
    Because of the U.S. Government’s marked tolerance for official lawlessness, however, they don’t have much to fear from Obama’s
    “Justice” Department. Of course, there’s that complaint filed with the International Criminal Court by Francis Boyle (BushToTheHague.org), , , ,

  9. I miss completely the following viewpoint: After WW2, the US actively brought a number of war criminals before their court in Nürnberg, and had those perpetrating crimes punished no matter if they claimed to only having followed orders.

    So why on earth do the DOD not simply pursue anyone, whether ordered or not, for such crimes today. The finbe thing of such an order of justice is, that it will be much more difficult for criminal and abusive political leaders to get their crimes brought out, while they pretend to know or see nothing.

    The name of the DOD out to be changed, meanwile to "Ministry of Fear", because it will then become a lot easier for people to see the evident criminality of that organization.

    OK, probably the Nürnberg processes were deliberately NOT meant to cover American crimes at all. But such a viewpoint of "justice" is below any civlised conception – all the way back to antiquity. You have a brown shirt justice system in America, and nobody cares, not even activists like the lady in this interview. At least Horton really do dig somewhat into this.

    1. The executions at Nuremberg were simply window dressing to the world. They select some to die and others to disappear while running under cover due to all the death and misery being focused upon by the propaganda ministries AKA the "free press". No different today. The DOD will never pursue anyone because THEY are directly responsible in and of themselves. No outside force, at least an American one that is, will ever break them of their habits unless they're at the receiving end of a bomb or bullet. Sad to say that's the only thing that will ever wake them up. Happened to the British in days of yore and history has that funny way of rhyming.

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