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First Read is an analysis of the day's political news, from the NBC News political unit. First Read is updated throughout the day, so check back often.

Chuck Todd, NBC Political Director

Mark Murray, NBC Deputy Political Director

Domenico Montanaro, NBC News Political Reporter



Obama agenda: More Cheney buckshot

Posted: Monday, August 31, 2009 9:14 AM by Domenico Montanaro
Filed Under:

On FOX yesterday, Cheney said of Attorney General Holder's decision to open up investigations into some CIA detainee abuses, "I think it's a terrible decision. President Obama made the announcement some weeks ago that this would not happen, that his administration would not go back and look at or try to prosecute CIA personnel. ... We had a track record now of eight years of defending the nation against any further mass casualty attacks from al Qaeda," Cheney said. "The approach of the Obama administration should be to come to those people who were involved in that policy and say, 'How did you do it? What were the keys to keeping this country safe over that period of time?'"

The New York Times: “Mr. Cheney described the inquiry as an ‘intensely partisan, politicized look back at the prior administration’ intended to placate the left wing of the Democratic Party. ‘It’s clearly a political move,’ he said. ‘I mean, there’s no other rationale for why they’re doing this.’” 

The AP previews Obama's fall lineup. "Back from his first presidential vacation, a break truncated by the death and remembrance of Sen. Edward M. Kennedy and the nomination of the Federal Reserve chief to a new term, Obama settles back into the Oval Office well aware his approval ratings have fallen. He now must spend heavily from that shrinking fund of political capital -- with a highly uncertain outcome -- if his vision of a health care overhaul is to emerge from Congress."

Good news from the CBO? “Medicare beneficiaries would often have to pay higher premiums for prescription drug coverage, but many would see their total drug spending decline, so they would save money as a result of health legislation moving through the House, the Congressional Budget Office said in a recent report,” the New York Times says. 

Meanwhile, "Fewer Americans are afraid that they will be unable to pay for healthcare services and fewer expect to postpone medical treatments due to costs, according to a Thomson Reuters survey published on Monday. Researchers found a steady increase in people's confidence about their ability to pay for healthcare services -- it rose 12 percent between March and July this year."

Over the weekend, "Al Gore and Bill Clinton -- ghosts of Democratic victories past who are increasingly showing up to buck up the faithful as President Obama goes through his first real trials in office -- were the star guests at the Tennessee Democratic Party’s annual Jackson Day dinner."

The Washington Post writes that environmental groups have gotten out-worked so far in the debate over the energy legislation. “It seems that environmentalists are struggling in a fight they have spent years setting up. They are making slow progress adapting a movement built for other goals -- building alarm over climate change, encouraging people to "green" their lives -- into a political hammer, pushing a complex proposal the last mile through a skeptical Senate.” 

And… Joe Biden was inducted into the Little League Hall of Fame on Sunday. "Biden isn’t the first vice president inducted into the hall. Dan Quayle was inducted in 1990. Other inductees include President George W. Bush, Gen. Peter Pace, New York City Mayor Rudolph Giuliani, former Sen. Bill Bradley (D-N.J.), columnist George Will, actor Kevin Costner and rock star Bruce Springsteen."

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First presidential vacation?

This guy has been on vacation since he was elected...

Hawaii, Paris, New York broadway shows, etc etc etc
Lets call the Obama administration investigation of the CIA what it really is, just an attempt to call off the sogs from Obies failed attempt at health care reform. Obie will lose the CIA debate too.
First Read Says: President Obama made the announcement some weeks ago that this would not happen, that his administration would not go back and look at or try to prosecute CIA personnel. ...


Cheney should know better. What Obama says, and what Obama does are two different things. Take the economy, just where are all those jobs Mr. Obama? Gitmo? Still there. Two wars? Still going on. Health care reform? Nowhere in sight. Cap and Trade? Deader then a door nail. The list goes on, and on, and on.
THAT'S RICH!!!! Cheney thinks the justice departments decision to prosecute offenses by the CIA is a political move?! WOW!! If that's not the pot calling the kettle black then I don't know what is! I'm stunned this dufus would even say those words.
Cheney is right to question the Obama lie about not investigating the CIA.

Now they will go forward with the investigation.
Yes or no? Up or down? The only change Obama's done is continually change his mind. This guy is whack.

That's why any reasonable person can't believe one damn thing Obama says. He'll change it the next day.
Too full of lies and deception.
I think pundits are totally missing the point on torture. Many Americans have been signing petitions and inundating the adminstration to DO something about the former administrations use of torture! The Obama administration is not just pulling this out of thin air. To set former VP Cheney's mind at rest, he is absolutely right, those who simply followed the instructions from higher up should not be the ones held accountable. But if he was the one who changed the policies and took us away from the Geneva Convention which we signed so long ago then he should certainly be held accountable and that is the real reason Cheney is out and about trying to change the subject to CIA operatives and away from himself.
As for the whole "they kept us safe for eight years," I would remind Mr. Cheney that we were attacked on his watch! Torture doesn't work, just ask Senator McCain and I will take his opinion over "Chicken Hawk Cheney" any day of the week!
Seniors "would see their total drug bill decline..."  Haven't we heard this line before somewhere, perhaps at a county fair where the cardshark huckster says, "I'll give you three, three dollar bills and a six dollar bill for your old twenty dollar bill; look, man, you are getting 4 fresh, crisp bills for that one dirty old twenty."  Remind you of Hussein, Holder, Gibbs, Pelosi, and Reid? Hussein and His Mighty Band of Hucksters, anyone?
I guess that Buckshot is a more politically correct way to say BS!  Time to put War Criminal Cheney on the stand in his own trial for war crimes and let him sing from the witness stand.  We all know that Shooter is the biggest liar to ever disgrace American politics.  I can't wait to hear what Ed Schultz has to say about Shooter's latest pack of lies.

Let's face it the only reason we weren't attacked by al Qaeda since 9/11 is because they didn't bother to attack us. War Criminal Cheney's torture club and domestic surveillance did nothing to stop any attacks except for some homegrown al Qaeda wannabees.

Prosecute War Criminals Bush and Cheney!
Nuremburg for CIA workers
Miranda rights for terrorists

something wrong with that picture!
Cheney should use his retirement to catch up on his reading. He could start with a well regarded history of our invasion on Iraq, titled "Fiasco."
The New York Times: “Mr. Cheney described the inquiry as an ‘intensely partisan, politicized look back at the prior administration’ intended to placate the left wing of the Democratic Party. ‘It’s clearly a political move,’ he said. ‘I mean, there’s no other rationale for why they’re doing this.’”

-----------------------------------------------------
What is alleged is highly ILLEGAL.  And the govt. needs to establish an investigation so our legal system can find innocence or Guilt in those involved.

THAT IS THE SYSTEM IN THIS COUNTRY.

Although I can see why he is confused seeing that he hasn't played by the rules since he's been in washington.  

It's like the serial killer saying the police searching the his house..."searching my basement is not necessary, everything on the first floor checks out"
And the dead eye saga just keeps on a rolling.Chicken Dick just can't give up on his excuse tour that has him defending his torture tactics,every weekend on FOX,the network station with the real news,RIGHT.Dead eye has, and will continue to lie about, how he was the master mind behind the war,the torture,the pressures put on the CIA to do the things that they are accused of doing,the twisted story's, the lies about he keeping us safer when they got zilch from the torture victims,in fact the FBI pulled out of the torture program,knowing that it was illegal,and not wanting to involve there agents knowing that they would have to answer for there tactics later.So Dicky had to pressure the CIA into his little house of horror,and Justice to bend the laws to let this war monger have his fun.I don't know,since the Good Lord seems to make a lot of personal calls on the oh so Godly members of the republiklan party,maybe Dicky was on speed dial with the Creator,and was told this was the right thing to do.But since there has not been one shred of information that would lead one to believe that what he approved worked to stop anything.So Dicky the well of excuses is starting to dry up,and will you blame Obama for this also?
For Darth Vador Cheney to have the audacity to say politics played a part is an insult to the intelligence of most people WHO DO NOT DRINK THE KOOL-AID on a daily basis.Lets see: outing of Valerie Plame, firing Republican state Attorney's for political purposes, hiring your daughter as deputy secretary of state and other acts of political gamesmenship. Spare us Cheney you pathetic attempt at outrage.  
Get the house in order and the Senate will follow..

or the bully will be unleashed?

S.O.S.D.D....
For eight long years, Dick Cheney, kept himself rather well hidden from public comment and viewing.  Now he is popping up all over the place, pushing an agenda that is counterproductive to helping this new administration get things done.

He only seems to rear his ugly head filled with unpatriotic thoughts, and how best he can save his own skin.  You have much to hide and the louder you protest the more we wonder how deep your guilt goes. You are without a doubt a creep and not worth the air you breathe.
Who would want to join the CIA if they thought later on they would be criminally charged as part of a  political retribution?

Obamas actions weaken and undermine American clandestine intelligence gathering and publicly disgraces our own country and civil servants in front of foreigners and our avowed enemies.

Spare me your ACLU-Amnesty International-Civil Rights bleeding heart crap. America has enemies willing to fight to the death to destroy our nation and who hate our way of life. Obama is weak on defense and national security like all Democrats.

Sadly, Khrushchev was right, America will collapse from within and the commies will take over.
The New York Times: “Mr. Cheney described the inquiry as an ‘intensely partisan, politicized look back at the prior administration’ intended to placate the left wing of the Democratic Party. ‘It’s clearly a political move,’ he said. ‘I mean, there’s no other rationale for why they’re doing this.’”

^^^^^^^^^^^^^^^^

Let's see Gibby Gibbs spit his way through the daily briefing over this one. The White House keeps picking fights with the Bush administration, and Cheney keeps stealing their lunch money every time they do.
i hate to be the one to break it to you first read, and as robert novak would say, "those of your ilk," but we really don't care what the paranoid, frightened and inept ex-vice president cum president thinks any longer. he and his party were overwhelmingly defeated in the last election, although those at town hall meetings crying, "i want my country back," are having more than a difficult time accepting the results of a democratically held election.
I saw a good portion of the Cheney interview and I will have to say that he seemed more frightened than angry. He has good reason to be. Torture is torture and it is against the law. It has been for years, it was during his adminstration and it should be forever.  If an investigation runs full course he may feel the flames of truth burning at his feet.
i saw that interview and this guy need to shut the hell up!! what is he trying to do by talking trash about the president. doesn't he realize that if he would have kept his mouth shut then the attorney general would have just let the things the former administration did just go, but NOOOO old man Potter can't help but to listion to his self talk!!!
Now i hope the president does bring charges against every body that was involved in the water boarding, detainee abuses and any thing else they can find!!
Dick Cheney was instrumental in the architecture of CIA torture techniques, and in the plans to send out
CIA hired teams to assassinate U.S. opponents. And news just coming into publicity reveal that Blackwater was asked to hire foreign mercenaries to
do the killing for CIA. Nice way to secure deniability for the U.S., but the mistrust and hatred those acts generate against us around the globe doesn't make us safer - as Cheney foolishly insists.  Nikos Retsos, retired professor    
OBAMA IS DESTINED TO BE A LOSER BECAUSE HE WILL NOT MODERATE TO THE POLITICAL CENTER --- HE IS A 'DYED-IN-THE-WOOL' SOCIALIST.
A few months ago the President clearly stated that he would leave it up to the Attorney General whether to investigate the CIA. Apparently AG Holder has some information he believes is worth investigating. The problem with Cheney is that his name pops up time and time again whenever illegal acts of the Bush Administration are revealed. Cheney belongs behind bars and he knows it, so he is running scared, nothing more than that.
One has to wonder whether the methods that were used on detainees were indeed extreme interrogation methods, or torture, or more likely, mind control or behavior control experiments. Extreme sleep deprivation, white noise, nakedness, diapering, extreme hot and cold, etc. seem like methods that are used to break a person of their identity. Much like communist countries used(s) on people who have religious faiths or political differences deviating from the standard communist doctrinaire. The CIA has conducted mind control experiments on people in the past, and these so called 'enemy combatants' might be a convenient pool of unwilling recruits for their experimentation. Does one have to waterboard an individual more than a hundred times to illicit information? I think not. These individuals minds were mush afterwards.
Cheney - do the nation a favor and let your batteries run down.
Cheney should use his retirement to catch up on his reading. He could start with a well regarded history of our invasion on Iraq, titled "Fiasco."
Amy B Portland, ME


Odd. That's the same name of the book being written about the Obama administration.
Torture of terroist that hate Americans to thier very core, I have no sympathy for these terroist and whatever the CIA has to do to keep us safe I'am for, All you people that like the terroists so much you can be served up to them first. They hate liberals more than conservatives. The war crimes are going to be the Obama Administration not keeping us safe in which they have all sworn to do.
Dich Cheney is a jerk.  He says he "kept us safe" but who kept us safe from him and Pres. Bush's unconstitutional, criminial behavior!

He did not keep 4000 military personal safe! He is a despot of the first magnatude.
These political investigations have 2 edges. If the dems go through with these show trials they best get everything right and hope that no further attacks are made on our homeland or key oversea deployments and embassies. Why? Because the next republican admin (2012 or 2016) will have  precedent to review and justifiably try every involved member of the Obama administration for sedition, and co-operating with our enemies including Obama himself. In fact when we place the successful defence of our country (which is what happened from 9/12/01 to present) along side of a second damaging attck that might occur on the Obam watch, Holder and his minions would look like what we are beginning to suspect they are. The smart money says that the Holder charade has 2 purposes. 1) to assauge the fanatical left of the dem party ( the Michael Moore faction) and 2) create political flack  as cover for the Health Care Deformed acts that are already giving off heavy smoke and are in danger of crashing. The unintended consequences may include a neutered US intelligence agency that just might set us up for 9/11 redux. Would Jamie Gorelick please call Eric Holder.
On FOX yesterday, Cheney said of Attorney General Holder's decision to open up investigations into some CIA detainee abuses, "I think it's a terrible decision. President Obama made the announcement some weeks ago that this would not happen, that his administration would not go back and look at or try to prosecute CIA personnel. ... We had a track record now of eight years of defending the nation against any further mass casualty attacks from al Qaeda," Cheney said. "The approach of the Obama administration should be to come to those people who were involved in that policy and say, 'How did you do it? What were the keys to keeping this country safe over that period of time?'"

----------------------------------------------

...and there is another fatal flaw of the Bush Administration.  The Justice Department's obligation is to the laws of this nation.  Cheney and company seemed to forget that and chose rather to use the DOJ under Ashcroft and Gonzalez as their own personal political tool.

Get used to it...Holder will make his own decisions even if he goes against the President in the process.

PS - Enough of the "We Protected America" argument because we're not buying it anymore!!!
The suggestion made about Obama's vacation is ignorant at best! Bush in his last four years took off over 300 days. Where was your outrage then? Perhaps you also choose to ignore the fact that 9/11 happened on Cheney's watch! He ignored the warrings and is now spinning the facts to cover his own political ass!
Frankly, I don't give a rat's @$$ what Dick thinks. He is beneath contempt.  He is only trying to protect his own butt.  Why would he be afraid of an investigation, you wonder?  Maybe, because he was the driving force behind all of the violations of the Geneva Conventions which unequivocally consider waterboarding as torture, as does our own Army Field Manual.  All roads in this lead to HIM. All of his statements are completely self-serving.
If you rob a bank & get away with it..and even if it worked & you have money, it is ILLEGAL.  By the way, we still have not seen evidence that the torture helped stop anything.  In fact an agent who was present for some of the legal interrogations said the best intel was gotten before the torture.  It has been proven many times over that people will say whatever they think you want to hear under threat and torture.
SCREW CHENEY.  ON FOX HE LOOKED LIKE AN OLD SCARED MAN.  TO HELL WITH HIM!
People should keep in mind that the GOP (just like McCain's website before the election) PAYS people to blog for them. I know. I got signed up for those "rewards" to test it.

And for pete's sake -- how about giving this guy the same amount of time you all gave the village idiot from Texas to get something done? I mean, he got 8 YEARS and all he got done was to start 2 wars, completely screw over New Orleans, ruin our economy and cut a lot of brush down in Texas... sheesh.

I personally have signed MANY petitions to have the war criminals like Bush and Cheney and Rumsfield and the lot investigated and prosecuted for TORTURE...

I think Cheney's trying to keep us from seeing what his corporate/military industrial cohorts got out of the wars he and the moron started.

And, of course, Cheney is simply trying to cover his rather large a-$-$, but he's too stupid to understand that if he just STFU, he'd be better off.

He might as well be shaking his head and telling us all " I am not a crook!" Uh, huh. We've heard that one before, buddy.
Cheney is a war criminal the best way to refute his lame arguments is to lock him up for the torture laws he broke.    

Rule of law is not political catnip.
Cheney is just trying to cover his ass. Repeatedly broke the law and is trying to keep a lid on all that administrations lies and manipulation. I liked what one idiot said about Obamas vacation. Bush has the all time record for vacations, so shut your mouth.
Prior administation were traitors to their country, to their constiuents and the american public. Obama, hasn't been in office 6 months. At least he is trying to make change, to fix Bush's attack on the common man.
And Now all these Bush "Yes" men are all "No" about Obama, go figure. Not a set of gonads in the whole party. They have found a nitch that they can campaign on "Fears and Lies", obviously they dont want the american public to find out just how much they have lied, just how many lives were lost so they could win another election. Sure Obama is part black, intellegent and really trying, all things new to the white house and never in the GOP. So the bar is raised forever and they know there is no-one in the GOP that can match him, much less make any sense.
They continually show that Brains and Common sense does not exist in the GOP. I dont think any investigation will arrest CIA ops that were doing what they were told, I hope they track these crimes to the real criminal here, CHENEY!!! And Bush too, for not being smart enough to see what was going on and for letting it happen.
I hope they expose their actions and they do time.
Republicans politicians beware!!! WE have seen and felt your crimes against us in the name of Terror and fear and the USA. Not buying it anymore, better try something else. Stand up, grow some nads and do the job you got elected for...representing your constituents to the best of your ability instead of taking bribes, trolling mens bathrooms and cheating on your wifes with the taxpayers money. We will not stand for it anymore. We will expose you, Dem or Rep.
And Please..one of you idiots stand up and tell the real reason that you support Sarah Palin, because she is sooo stupid, elected she would be just a face with all you crooks in the background, pulling string and getting rich. We all know, she not only isn't qualified to fetch coffee but will quit or turn over control any time it get 'tooo hard'.
It has been a while now, memories have dimmed, but another 9-11, or worse, and people will be asking why there had not been more torture.
I agree with Amy B- Cheney should catch up on his reading. I differ in the first literature he should start with, though. I think he should read Bush's Presidential Daily Briefing with the header "Osama Bin Laden determined to attack the United States".
Then maybe he'd see how HE and Bush failed this country so miserably. How dare he even bring up the subject of American civilians safety when more than three thousand lives were lost on his watch! Gutless draft dodger is he!
I'd like to see him reading the PDB in a place fitting for him- in jail.
Lets see, the WH kills the investigations on the NEW Black Panthers and ACORN while calling for a witch hunt on the CIA.
What's wrong with this picture?
Cheney isn't used to an independant Attorney General that does investigate possible law violations.  He is used to finding an Attorney General that makes sure the Justice Department is full of those that are connected to the GOP and follows their party line.  Clinton had to deal with that when Reno got Starr to investigate him.
Didn't Cheney work for Nixon, Nuff said.  Crooks of a feather, flock together.  I do believe that if Cheney didn't have anything to hide, he would not be worried about this investigation, but obviously he knows his butt would be prosecuted, because he knows that the majority of Americans do not believe him, and the evidence just keeps pointing to him, so there is a reason he is out there making these false statements, because he knows he is guilty and would go to prison, so he is trying to distract the attention from him, but all he does is attract negative attention to himself every time he comes out and opens his big mouth.  
Gee, Dick.  Bill Clinton's affair with Monica kept us safe for the 8 years between the 1993 WTC bombing and 9/11, huh?
Isn't that the kind of logic you are pawning off on Fox (who else?) viewers??
I strongly agree with the statement ... We are Americans... We don't torture. It does not matter whether torture worked or did not work. The point is the Constitution was violated & International laws were broken.

We do not torture, and torture is a crime, not a technique . If you want to work for a government and want to torture someone, you need to find another country. Government employees take an oath to uphold the U.S. Constitution. If you are a government official and torture someone, you have failed your oath to defend the U.S. Constitution and you have broken the law. We do not need or want people working in our government that conducted torture no matter how many excuses, rationalizations, or justifications they come up with.

There is no way anyone can respect the CIA if it rewards torture interrogators with their job. Abscense of morality in any government agency will not result in respect, ether now or in the future. This controversy is not about legal opinions & the CIA its about the CYA mentality of the Bush Administration.

At the Nuremberg trials in 1946, the U.S., England, and France decided that just taking orders is not excuse for torture. Concentration Camp commander's defended their actions as just taking orders. No doubt Nazi lawyers declared their actions both necessary and legal under German Third Reicht Law.  At Nuremberg in 1946, the decision by the U.S., France, and England was unanimous, that a person is responsible for their own actions. No orders or shadow legality is a defense against a complete loss of morality. The trials at Nuremberg set the standard. Just taking orders does not give anyone, not even an American, the right to torture another person . We do not want our country to have Nazi morality standards.

I hope we still have today as much moral strength as our fathers that fought WWII to save our country and save our Constitution. If government officials today trash our Constitution to gain immediate ends, then we have lost any meaningful difference between our enemies and ourselves.  We are America, and We don't torture. Our Constitution and our morality are worth far more than any information obtained from torture. The ends do not justify the means & there are more intelligent , effective & efficient means to obtain accurate information.

We should also keep in mind that who knew what & when is irrelevant  & who did what and when during the Bush Administration is what is important !  Also if true, giving an illegal order to withhold information from Congress by Vice President Chaney is a crime !

We are Americans, and We don't torture. NO IF ANDS OR BUTS ABOUT IT !  See title 18 sec. 241 & 242 if you do torture, this is what you can expect from the law. Also see sec. 2441 war crimes . Eventually the US Government will have to do the right thing and bring all those involved in this criminal behavior to justice !  NO ONE IS ABOVE THE LAW !  It's time for the the  Executive Branch , the Congress & the Courts to do their duty weather they want to or not & uphold our Constitution & the rule of law. Then & only then can we put this dark pain full period behind  us & move forward .

Title 18, U.S.C., Section 241
Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.
--------------------------------------------------------------------------------
Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

                            PART I--CRIMES

                        CHAPTER 118--WAR CRIMES

Sec. 2441. War crimes

   (a) Offense.--Whoever, whether inside or outside the United States,commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.
   (b) Circumstances.--The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).
   (c) Definition.--As used in this section the term ``war crime''
means any conduct--
       (1) defined as a grave breach in any of the international conventions signed at Geneva     12 August 1949, or any protocol to such convention to which the United States is a party .
       (2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;
       (3) which constitutes a violation of common Article 3 of the
   international conventions signed at Geneva, 12 August 1949, or any
   protocol to such convention to which the United States is a party
   and which deals with non-international armed conflict; or
       (4) of a person who, in relation to an armed conflict and
   contrary to the provisions of the Protocol on Prohibitions or
   Restrictions on the Use of Mines, Booby-Traps and Other Devices as
   amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May
   1996), when the United States is a party to such Protocol, willfully kills or causes serious injury to civilians.



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