Dan Murphy: I can't shake the feeling the GOP justices were explicitly thinking of torture and creating permission to do it again.

is torture an official act? are war crimes? both are criminal under U.S. law. what happens to presidential command responsibility? also, if POTUS is immune from prosecution, there is no complementarity. the court has made it easier for the ICC to pursue cases ag american presidents.

we are all understandably focused on how the court undermines domestic rule of law. but it's striking just how out of step the court is with the long-term trend of senior official responsibility for war crimes, crimes ag humanity and genocide.

I can't shake the feeling the GOP justices were explicitly thinking of torture and creating permission to do it again.

well kavanaugh almost certainly has misled the senate about his involvement in and knowledge of the post 9/11 geneva and torture decisions. that era shaped his views, i'm sure. so there's at least one.

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