Controversy Intensifies Over Rumors of Holder’s Possible Interrogation Abuse Prosecutions
Monday, July 27, 2009 at 3:27 pm
The Washington Post’s editorial today arguing for prosecution only of “those who went well beyond the often-extreme measures authorized by the [Office of Legal Counsel] memos” that justified abusive interrogations is calling more attention to the rumor, first reported by Daniel Klaidman in Newsweek, that Attorney General Eric Holder is seriously considering such prosecutions.
According to Newsweek, although the public demand for prosecutions had seemed to die down, in late June Holder spent two days holed up in his office poring over a classified CIA inspector general report on interrogation abuses and was “shocked and saddened” by what he read. The New York Times later reported that if Holder does open an investigation, it’s likely to be a narrow one, “focusing only on C.I.A. interrogators and contract employees who clearly crossed the line and violated the Bush administration’s guidelines and engaged in flagrantly abusive acts.”
That’s what The Post’s editorial board now wants as well, arguing that “those who relied on the memos and shaped their behavior in the good-faith belief that they were following the law should not be subject to prosecution.”
Of course, that’s exactly what former Attorney General Michael Mukasey and Vice President Dick Cheney argued more than a year ago. Will President Obama’s attorney general now conduct an investigation according to the strict parameters those Bush administration officials set out back then, which were widely viewed as self-serving?
Glenn Greenwald today points out the absurdity of the Justice Department’s going after low-level criminals and ignoring the bosses who instructed and cheered them on. That’s precisely the opposite of the way the Justice Department usually goes after criminal investigations — at least the ones it takes seriously.
As Greenwald puts it:
That, in a nutshell, is the twisted Washington mentality when it comes to lawbreaking: when political crimes become so blatant and extreme that they can no longer be safely excused (Watergate, Iran-contra, Abu Ghraib), then it’s necessary to sacrifice some underlings who carried out the crimes by prosecuting them, but — no matter what else happens — the high-level political officials responsible for the crimes must be shielded from all accountability. In ordinary criminal justice, what typically guides prosecutions is the opposite mindset: namely, a willingness to immunize low-level soldiers in order to ensure that the higher-level criminals suffer the consequences of their crimes. But when it comes to crimes committed by political officials in America’s Versailles culture, only the pawns are subjected to the rule of law while the monarchs and their highest royal court aides are immunized.
2 Comments
Comment posted July 29, 2009 @ 4:18 pm
“Holder Probe Would Be Big Break From Bush Torture Policy”
Oh Please, IT IS NOT !
This 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 Approved In The Torture Memos.
Unless we voters get a complete investigation of all the abuses of power and violations of Federal Laws, Holder's tightly focused, limited investigation of torture that violated the “Bush Cheney Torture Memos” means little or nothing.
The problem here is that Attorney General Holder seems to be leaning toward a very narrow investigation about the “wrong” Torture violations.
SEE our Federal Anti-Torture Law http://tinyurl.com/besdd3
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.
The Torture Momos were “used to con normally law abiding, patriotic CIA agents and
US Soldiers” into violating our existing Federal Torture Laws.
A presidentially appointed lawyer can't make or change Federal Laws no matter who appoints them. Bush and Cheney attempted to ignore the law and put all who tortured or conspired to torture, even if they meant well (chuckle), at serious risk of prosecution.
We the people have to bring these creeps to justice or this will happen again even when the Democrats are in power (perhaps especially, remember President Johnson and Vietnam and Operation Phoenix, thousands assassinated? The CIA again).
Prosecute all those that tortured in our name, then go after all the other Federal Crimes and violations of our Constitution committed by Bush and Cheney.
If House Judiciary Chairman Rep. John Conyers
does not soon start hearings in his Committee
on the crimes of the Bush Administration
WE Must ALL Call For His Resignation.
SIGN THE PETITIONS
Demanding
both a Commission of Inquiry
and a Special Prosecutor
For All Their Crimes
at ANGRYVOTERS.ORG
We must hang in there…
or our own children or grandchildren may in future decades
be tortured and imprisoned without cause because of our failure
Comment posted August 8, 2009 @ 6:08 pm
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
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