Recent controversies surrounding the war on terror and American
intervention in Iraq and Afghanistan have brought rule of law
rhetoric to a fevered pitch. While President Obama has repeatedly
emphasized his Administration's commitment to transparency and the
rule of law, nowhere has this resolve been so quickly and severely
tested than with the issue of the possible prosecution of Bush
Administration officials. While some worry that without legal
consequences there will be no effective deterrence for the
repetition of future transgressions of justice committed at the
highest levels of government, others echo Obama's seemingly
reluctant stance on launching an investigation into allegations of
criminal wrongdoing by former President Bush, Vice President
Cheney, Secretary Rumsfeld, and members of the Office of Legal
Counsel. Indeed, even some of the Bush Administration's harshest
critics suggest that we should avoid such confrontations, that the
price of political division is too high. Measured or partisan,
scholarly or journalistic, clearly the debate about accountability
for the alleged crimes of the Bush Administration will continue for
some time. Using this debate as its jumping off point, When
Governments Break the Law takes an interdisciplinary approach to
the legal challenges posed by the criminal wrongdoing of
governments. But this book is not an indictment of the Bush
Administration; rather, the contributors take distinct positions
for and against the proposition, offering revealing reasons and
illuminating alternatives. The contributors do not ask the
substantive question of whether any Bush Administration officials,
in fact, violated the law, but rather the procedural, legal,
political, and cultural questions of what it would mean either to
pursue criminal prosecutions or to refuse to do so. By presuming
that officials could be prosecuted, these essays address whether
they should. When Governments Break the Law provides a valuable and
timely commentary on what is likely to be an ongoing process of
understanding the relationship between politics and the rule of law
in times of crisis. Contributors: Claire Finkelstein, Lisa Hajjar,
Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain,
Austin Sarat, and Stephen I. Vladeck.
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