Anyone involved, peripherally or directly, in the enhanced torture techniques made public in this week’s “torture report” released by Sen. Dianne Feinstein ought to retain legal counsel, defense lawyer
Geoffrey Nathan said Thursday on
Newsmax TV's “America’s Forum.”
“I wouldn't be surprised if everyone is lawyering up right now, as they well they should, for two reasons. One, there is the possibility of a worldwide war crimes prosecution, secondly, who knows whether Obama's administration is going to reconsider its executive decision
not to prosecute in this regard,” Nathan said.
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The only way for those involved to breathe a sigh of relief is for President Barack Obama to issue a pardon.
Then “everyone can put their handkerchiefs away and stop dampening their brow, and until that happens, the individuals involved from the White House all the way down to the players inside the detention centers really need to start formulating a defense so it could be implemented if and when they're charged,” he added.
The Justice Department could also offer immunity in exchange for a “true and complete” disclosure of what occurred, according to Nathan.
“What's needed here is the truth, not necessarily a criminal prosecution resulting in incarceration,” he said.
Nathan does not think it is likely that a world war crimes tribunal would occur since gathering evidence for a conviction would be extremely difficult.
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But hiring a lawyer is important as a precaution to any prosecution, national or international, is important, he added.
“Anyone subjected to congressional or other investigation to maintain their constitutional right to silence,” Nathan said.
“No one has to participate in a criminal prosecution. You have the right to maintain your silence and/or to be represented by counsel at any time. That's the advice that I would give to anyone, including the Vice President of the United States, Mr. Dick Cheney.”