It appears to us that under the current circumstances the defense of necessity could be successfully maintained against [an allegation of torture]William Pitt, the Younger:
Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.I'm not entirely unsympathetic to arguments of necessity, but it's something for a jury to consider. John Yoo, who wrote the torture memos Bybee signed off on, has suggested a defense try for jury nullification. And I'm a big believer in jury nullification.
What I'm not a fan of is partisans thinking they have veto power over the investigation or prosecution of of members from their party. The US is a nation of laws, and if getting a blowjob merits investigation, war crimes surely do as well. You can't lose all regard for the rule of law when its your leaders who may have violated it—not if you want to be taken seriously.
(ht RBC)
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