Who will prosecute Bush?

Wednesday, January 14, 2009 by Dave Winer.

Pretty sure someone in the Bush Administration is going to get prosecuted for war crimes. And the lower-downs were smart this time, they made sure the higher-ups were on the hook, at least according an interview on Fresh Air last summer with Phillippe Sands, an international expert on war crimes prosecution. 

When I've heard this discussed in the media recently they've been approaching it as if it were an American decision whether or not to prosecute Bush. Obama could just punt, and let the international authorities worry about it. Then the question is would the US protect a former President against prosecution. 

Because this is such a touchy subject I feel it's necessary to say that I don't know the answer, I see both sides. If Bush is prosecuted, it could serve as a deterrent to future Presidents against committing war crimes, or it could have a chilling effect and make Presidents fearful of defending the country, knowing that their fate and the country's will be separated after they leave office. (It's hard to imagine a sitting President surrendering to international prosecution.) 

I will say this, I thought it was good that Ford pardoned Nixon. The country had other big problems to deal with in the 70s, and we had already paid a terrible price for the Watergate scandal. In many ways the same can be said of the fix we find ourselves in now, in 2009.