Excerpted from Kossack and Justice Department attorney Lars Thorwald’s DKos diary on Obama’s speech:
I heard a level of determination in his voice that I think some could reasonably interpret as being tinged with a bit of pique over the political silliness of the last few weeks.
Of course, the President used carefully weighed language, but I think his message was clear on those matters in which he was determined to set forth policy. True to Obama: steel determination wrapped in a velvet glove.
Where he wanted to be, the President was certain and clear and unwavering. For instance, he forcefully declared that we will close the prison at Guantanamo–delivering that message without hesitation or reservation.
The message between the lines was, hey, you scairdy-cat and illogical Congress critters can sort of suck it if you think otherwise. Some of these detainees are going to SuperMax prisons. You’d best learn to deal with it. So he took some in his own party to task in that measured, reasoned way that is becoming Obama’s hallmark.
But here’s the point: although Obama’s speech was powerful enough that he could have declared that there will be no further investigation or examination of the legality or illegality of the use of torture, and even though he did declare set positions on several key issues, I did not hear such foreclosure with regard to possible prosecutions.
Key passage:
I know that these debates lead directly to a call for a fuller accounting, perhaps through an Independent Commission.
I have opposed the creation of such a Commission because I believe that our existing democratic institutions are strong enough to deliver accountability. The Congress can review abuses of our values, and there are ongoing inquiries by the Congress into matters like enhanced interrogation techniques. The Department of Justice and our courts can work through and punish any violations of our laws.
That passage packs a significant amount of punch. A significant amount.
That statement, that language quoted above, was reviewed and approved by more than Obama and Rahm and Jon Favreau. You can rest assured that the language of that speech was vetted within the White House and by the Attorney General, by State and DOD, CIA and NSA. Presidents do not give a speech of such importance without serious review of what will be said. Okay, maybe the last one didn’t. But I assure you this one does.
So it has meaning, and, I would contend, real meaning.
Some will interpret this passage as an abandonment of a Truth Commission (which the President never wanted), and thus an abandonment of the idea at getting at the truth, and grow discouraged.
I think the President rejected a Truth Commission for two fundamental reasons: he rejected it as a matter of process because he believes it can be addressed elsewhere in government; and he rejected it because the idea of establishing a Truth Commission in such a charged atmosphere would be tantamount to–if I may mix metaphors for a moment–ringing the dinner bell on a three-ring circus in this town at a time where the oxygen required to keep messaging, and thus policy, alive and well would be sucked up.



7 Comments







I refer you and Dog to these links:
http://tpmtv.talkingpointsmemo…..38;ref=fpb
Note Holder’s silence.
http://www.huffingtonpost.com/…..06343.html
Bottomline is ‘political considerations’ are getting in the way of enforcing the law and THAT is absolutely wrong AND says that the words about the ‘Rule of Law’ are nothing but hypocisy.
I love ya for your passion, but I think you are jumping to a conclusion before all the moves have been made. There is a lot of disarray at DOJ as the new administration moves in and they push the old Bush loyalists aside. It has been about 4 months since AG Holder was put in place and all of the Sub-AG’s are not there yet.
This takes time, even if they were going full blast on it. But I promise you I will be right there with out talking about hypocrisy if we get to the end of the first Qrt of 2010 and we are not moving forward. Until then I will just keep the pressure up.
It’s a truism to say that the courts and the DoJ CAN work through – identify, establish as fact, and punish – violations of the law. The issue is will they.
Courts in this country are reactive. They can only make judgments about cases brought to them. Whether they are is within the exclusive control of the executive. About that, Obama gave us velvet words without steely action. When he does that, we might begin to revert to a country ruled by law.
PW: Thanks for bringing this diary over to the Lake. I would have missed it otherwise.
EOH: what you say is true. But at least one DOJ atty seems to indicate big interest in pursuing these matters!
Thanks for this. I have a lot of respect for Lars Thorwald. And it sounds like he’s envisioning a significant role for DoJ in investigating and prosecuting crimes which occurred under the previous administration. So long as that actually happens, I’m not going to quibble about how it happens. And if oversight and law enforcement can work within the institutions the Constitution already provides, then hopefully that will strengthen those institutions as well.
I always pay extra attention to Lars Thorwald. He’s been right in the past. He has good instincts. I’ll take him at his word.
You appreciate his namesake, then, the wife murderer played by Raymond Burr in Alfred Hitchcock’s Rear Window.
Thorwald is selling optimism in his chief of state, not an unusual take for a professional bureaucrat. I thought his/her optimism a little panting given that s/he claims to have been a Bush hire, to have served in Ashcroft and Gonzales’ DoJ, and who has seen Obama adopt in practice several of Shrub’s most legally challenged expressions of executive power and state secrecy.
David (Kagro X) Waldman, who unlike Rachel Maddow was at the meeting Isikoff wrote about, disagrees with that part of Isikoff’s reportage that Rachel and others have been waving about like a banner, especially to attack “LarsThorwald” and his diary:
Oh, and by the way, Jesselyn Radack agrees with Lars’ characterization of Obama’s speech, though not his take on OPR. Neither Kagro nor Jesselyn are Obamabotties.