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Torture Prosecution Turnaround?
Manuel Balce Ceneta / AP Photo
The attorney general is leaning toward appointing a special prosecutor to investigate Bush-era torture policy, sources tell Scott Horton. Inside the logic driving Eric Holder’s possible conversion.
The Obama White House has deflected calls for appointment of a special prosecutor to investigate the formulation and implementation of Bush-era torture policies with an argument that they want to “look forward, not backward.” But Justice Department lawyers took careful note of a different statement President Obama made yesterday in Ghana: “You have the power to hold your leaders accountable.” Now two sources in the Justice Department confirm to me that Holder is preparing to appoint a special prosecutor to conduct a comprehensive investigation and, if necessary, bring charges. They caution that the final call has not been made. And senior Justice Department officials remain concerned that meddling by the White House’s political wing would undermine the appearance of the Justice Department’s independence.
Holder’s path to a decision was described as prolonged and surprising. Holder began his review mindful of the clear preference of President Obama’s two key political advisers—David Axelrod and Rahm Emanuel—that there be no investigation. Axelrod and Emanuel are described as uninterested in either the legal or policy merits of the issue of a criminal investigation. Their concerns turn entirely on their political analysis. They have advised Obama and other senior figures in the administration that the torture issue is a “distraction,” and that any attention on it would detract from Obama’s ability to push through his agenda—especially health-care reform. Holder initially appeared prepared to satisfy their wishes.
Holder began his review mindful of the clear preference of President Obama’s two key political advisers—David Axelrod and Rahm Emanuel—that there be no investigation.
But, then, Holder decided to take a close, personal look at the issues, and his perspective began to change. Holder is said to have been closely engaged with three sets of documents—a group of memoranda from the Bush-era Office of Legal Counsel, since repudiated by the Justice Department; the report of the Office of Professional Responsibility on these memoranda, which has been on his desk, awaiting review and release for months; and the report of the CIA’s inspector general reviewing in great detail the actual techniques used, guidance given by the Justice Department, and results or lack of results obtained.
Holder released the first set of memoranda and his Justice Department publicly suggested that it would release both the related report and the CIA inspector general’s report—often viewed as the Rosetta Stone of the torture controversy. As he read through the latter two documents, my sources said, Holder came to realize the focal and instrumental role that Department of Justice lawyers had played in constructing the torture regime and in pushing it through when career lawyers raised objection. He also took note of how the entire process was orchestrated from within the Bush White House—so that more-senior lawyers in Justice, sometimes even the attorney general, did not know what was being done. And he noted the fact that the United Nations Convention Against Torture, to which the United States is a party, requires that a criminal inquiry be undertaken whenever credible allegations of torture are presented.
It’s important to re-emphasize that no final decision has been taken. Moreover, with hearings set to commence on the nomination to the Supreme Court of Sonia Sotomayor on Monday, administration officials are eager to keep speculation about the appointment of a special prosecutor out of the press. “This is waving a red flag in front of the Republicans,” one notes.
Holder had contemplated finalizing his decision in connection with the release of the Office of Professional Responsibility report. While The New York Times previously reported that the report recommended against criminal action against the lawyers involved in preparing the torture memoranda, a Justice Department official cautioned me that this was misleading: “No criminal investigation was conducted. OPR looked only at issues of legal ethics. A recommendation as to criminal charges would come only following an appropriate investigation, which has not yet occurred, and whether it occurs will be up to the attorney general.”
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These bleeding hearts, who think they are now in power would be better advised to concentrate on the main task at hand of re-booting the economy and placing jobs on the table.
This lot, so vocal now against VP Cheney and others would also do well to advise US citizens on a better strategy to fend off cavemen scum ... Please spare me the hearts and minds BS !!
It's not clear to me that you read the article or have ever read the Constitution. You say they think they are in power, as if they are actually not. But then advise them to do what they can only do with power.
But the main problem is that you seem not to have noticed that the one who is open to prosecution is the Attorney General, who has absolutely no power to re-boot the economy or place jobs on the table. What he is, by law, required to do, is to prosecute wrongdoing. And as is becoming clearer and clearer, the illegal activity that the VP instigated did nothing to actually fend off cavemen.
"bleeding hearts"....Those BLEEDING HEARTS SHOULD BE attempting to protect and defend the Constitution unlike those in the WH from 2000-2008 who actually set about dismantling and shredding it instead...
ALL of the elected officials sitting in the WH as well as Congress are charged with the task of protecting and defending that Constitution before and above all else.
Maybe you didn't pay attention in grade school civics or ever watch a single inaugauration.
Don't worry, you still have a chance to learn as long as you have a pulse and a brain.
We have only begun to find out what went down under the last administration. Just wait... in the next 10 years, this is only the beginning.
Truth commission, rule of law... I just don't want our dirty laundry out for everyone to see. But I do want illegal acts prosecuted.
Perhaps Holder was waiting for Pelosi and the rest of the Democrats in office to be cleared of actually knowing anything substantive about torture and other illegal acts.
Perhaps this is one of the benefits of having a real Attorney General as we appear to in Holder, instead of a lapdog like Gonzales, who made Ashcroft looks like a saint dedicated to upholding the Constitution and the laws derived from it.
I have mixed feelings about this but if this is where the Obama Administration wants to go, then by all means do so. Judgement will be passed in 2012.
--------------------------------------------------------------------------- ---------------
July/12/2009
From:
octavio
To:
Everyone
It is obvious that leaders need to be prose-
cuted when they (infringe) brake our laws.If the previous
president George W.Bush is guilty.Then, he should be
prosecuted asap (as soon as possible).The same goes for the
ex-vicepresident Cheney.Tricky Dicky Richard Nixon should
had been impeached.Bill Clinton (who lied to the american
public) should had been impeached.
Now we have an opportunity to investigate and
prosecute any one found to brake our laws.The KEY is to
PROSECUTE and avoid giving special pardons.E.g; We can
start by prosecuting anyone found overcharging for medical
services (charging $2600 for a simple 6 stitches medical
procedure etc,etc.).Since Richard Nixon was pardonned
;Now every CEO thinks that he can do whatever he wants,
etc,etc.
octavio.
chao,
END!
------------------------------------------------------------------------ -----------------
This user is no longer registered.
Yep, for lying about having a girl friend. How many American troops died as a result?
This user is no longer registered.
Yes, Nixon should have been impeached, but was set free by his own.
Bill Clinton was impeached, but not convicted (acquitted?).
While there is a presumption of innocence, the Attorney General isn't supposed to ignore alleged criminal activity, especially misfeasance or malfeasance.
Holder should appoint an independent party--and there are plenty in the Justice Department--then proceed as the evidence suggests.
No one should get a free ride. Just because others have, now would be a good time to stop that silliness. If not, we could turn back the calendar and eliminate voting rights, civil rights, women's rights, return to slavery. What the Hell... debtor's prison for everyone who declares bankruptcy.
Ole'
Just not Patrick -The sell out - Fitzgerald... He's proven he's just another republican hack!!!
To all of you eagerly awaiting the prosecution or investigation of Bush and his officials...be careful what you ask for. Additionally, Holder himself had best be careful, because many of these rendition and enhanced interrogation techniques have been around for longer than 8 years and Holder himself was a Deputy Attorney General under Clinton and if he knew anything about this, he could be in a vise.
I suspect however, that many of you who express glee about this investigation do so more out of an intense dislike for Bush and his policies than anything to do with the Constitution-at least be honest about that.
I find it odd that Holder is rehatching this at this time - probably a political deception game meant to take the public's eyes off of things like cap and trade and health care where the administration is in trouble with even some Democrats. I find it very odd that he does this right after Pelosi has thrown a Hail Mary into the public discussinon with her letter the other day basically saying " Panetta said the CIA lies".
Anyone wanting to know what has really happened should read Michael Scheuer, the former head of the Bin Laden unit at the CIA- in effect, all hands are dirty in this and it is best to let it go. The effect could be to "castrate " the CIA. While this may seem like a wonderful thing to many on the left, it opens this country up to infiltration and subversive attacks from without- a world power like the US cannot take vacation from its responsibilities. Sometimes living up to those responsibilities involves doing things that we would rather not make public.
Sometimes it is best to let the sleeping dog lay
As an independent I hope AG Holder continues to operate is his apparent independence from the desires of the White House. What a change from his predecessors. Let the Constitution be his guide.
Well, the Justice Department, having freed up its schedule by refusing to do anything about New Black Panther Party thugs trying to intimidate voters last election day, has to do something with its time.
I'd be happy to testify against ex-president Carter in the Hague for his violation of Article two of the UN Charter for violating the soveriegnty of countries by his financing of dictators and CIA training of death squads. That should be enough to imprison him for several years.
As one commentator said AG Holder was in the administration that violated the UN Charter Against Torture with rendition and violating the soveriegnty of a country when Clinton bombed a pharmacy in Sudan that was not a military target, killing innocent civilians. President Clinton committed a crime by invading a country ( Kosovo) without UN Security Council approval. Plus, the crime of denying a genocide was occuring in Rwanda which every member of the UN is obligated to prevent. I doubt AG Holder is going to appoint any one to investigate himself and his former boss or any democratic leader.
I had forgotten about all that.
The Torture Momos were used to con normally law abiding, patriotic CIA and FBI agents and US Soldiers into violating our Federal Anti-Torture Laws. Panetta has become a major part of the current torture cover up.
The fact is that it is the CIA's own leadership that put their agents in danger of prosecution simply by leadership's not obeying and respecting our Federal Laws and Constitution. But then CIA wishes to be exempt from all laws in any country in which it operates, including the United States.
Bush and Cheney attempted to ignore the law and thereby put all CIA agents who tortured or conspired to torture, even if they meant well (chuckle), at serious risk of Federal prosecution. That the leadership of CIA was corrupt at the time does not make what they did any less illegal.
And Attorney General Holder's special prosecutor-trial balloon is designed to try to get away with a very narrowly focused, very limited investigation of only a few criminals who tortured using methods worse than the
ALREADY ILLEGAL Torture Methods In Bush's Torture Memos.
We voters need a complete investigation of all the abuses of power and violations of Federal Laws under Bush and Cheney. Holder's tightly focused, limited investigation of torture that violated the "Bush Cheney Torture Memos" Is Just More Cover Up.
The problem here is that Attorney General Holder seems to be leaning toward a very narrow investigation about the "wrong" Torture violations.
Holder appears to be saying that the Bush "Torture Memos" have the force of law, that the memos became new torture law and that he only has to prosecute violations which were outside of the Torture allowed by the memos. That is false.
The "Torture Memos" themselves are a criminal conspiracy to evade our Federal Anti-Torture Laws and to render our Federal Torture Law moot. A presidentially appointed lawyer can't make or change Federal Laws no matter who appoints them. Only Congress can do that.
Prosecute all those that ordered torture in our name, then go after all the other violations of Federal Laws and of our Constitution committed by Bush and Cheney.
The only way to protect lower ranking CIA agents, soldiers and law enforcement agents from prosecution for violating Federal Laws ( while under orders from superiors to do so) is to prosecute the superiors that ordered the illegality in the first place, even if, and especially If it includes former Presidents, Vice Presidents and Directors of the CIA.
Prosecution of the leaders will protect the agents. Enforcement of our Torture Laws will protect our freedoms from the tyranny of the powerful.
"Only Prosecution deters crime".
SIGN THE PETITIONS
Demanding
both a Commission of Inquiry
and a Special Prosecutor
For All Their Crimes
at ANGRYVOTERS.ORG
http://ANGRYVOTERS.ORG
Thank you.
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