Top Bush administration officials should be subject to prosecution for criminal violations in connection with the torture of detainees, and its warrantless surveillance program, law Prof. Jonathan Turley of George Washington University tells Legal Times. He asserts that Eric Holder should not be confirmed as Attorney General unless he declares that waterboarding is a crime.
Says Turley: “The two most obvious crimes in this administration are the torture program and the unlawful surveillance program. Despite the effort to pretend that there is some ambiguity or uncertainty on these crimes, the law is quite clear.” On surveillance, Turley says warrantless surveillance of the kind conducted by the administration is a felony. He cites two laws “that provide the sole means by which the government can obtain the necessary approval for electronic surveillance: Title III of the Omnibus Crime Control and Safe Streets Act of 1968 and the Foreign Intelligence Surveillance Act.