Dave Kopel at the Volokh Conspiracy Tries To Be Clever
And proves he is neither very funny nor even remotely interested in anything resembling intelligent debate:
Hypothesize that the Obama administration, or perhaps foreign/international courts, prosecute and convict various officials of the Bush administration. Further assume that the new President who takes office in 2013 or 2017 has promised “I will ensure that the crimes of the previous administration are vigorously prosecuted.”
Which, if any, acts of the First 100 Days of the Obama administration might be prosecuted? In answering the question, you may aggressively interpret any statute, treaty, jurisdictional claim, etc., in favor of the prosecution, but the interpretation may not involve a greater stretch than would be required to hypothesize the convictions of Bush, Cheney, Rumsfeld, their attorneys, CIA officers, and so on.
For my part, I’ll continue to hypothesize the existence of the Ministries Case, US prosecutions of Japanese soldiers for waterboarding, the Convention Against Torture, the Rome Statute, the federal torture statute…