I was wondering how to keep Scott Brown off balance for the next three years. Here are the results of my Monday morning fantasy all based on his advocacy of water-boarding to extract information from terror suspects.
1. Surely he cannot be allowed to take the Senate oath to uphold the constitution when he is on record as advocating actions that surely contravene the 8th amendment on cruel and unusual punishment.
2. For his statements on water-boarding, the US attorney for Massachusetts should bring a prosecution for advocating criminal activity. Water-boarding is contrary to the Geneva Convention and US anti-torture laws.[it would be sweet if Martha Coakley could have been prosecuting officer, but I think it is a federal crime that I suspect him of.]
3. The Massachusetts bar should initiate proceedings to disbar lawyer Brown for his advocacy of criminal activity.
4. As a Lt-Colonel in the National Guard, Brown is subject to military discipline. The Judge Advocate General should bring Court-Martial proceedings against Brown for advocating interrogation techniques that are well outside the military's guidelines.
I think the best chance is #4. #1 is untested and I doubt the Senate would want to create a precedent. If federal prosecutors (#2) [also this is probably protected under the first amendment as he is not advocating actions that would put someone in immediate danger] and bar associations (#3) have taken no action against the developers of the torture memomrandums, then there is little chance of disbarring Brown. However many have been Court-Martialed for engaging in torture and some have been Court-Martialed for permitting it on their watch, so that might have a small chance of success.
OK. Back to Monday morning reality. Brown will take his seat today.