The only thing worse than watching a slow-motion train wreck is to watch people who should know better move the switches to make sure the trains collide. I don’t know how else to describe the White House’s last few days in explaining who should and should not be investigated/prosecuted for torture.
For years now, we’ve known that a group of lawless White House and Senior Administration officials ordered brutal methods recognized as torture be used to extract information from detainees. We know this group orchestrated the interrogations and the methods used. We’ve learned that this group kept pushing for more, because they were not getting the answers they wanted to justify their war policies. [kudos to JimWhite]
These officials were facilitated by a group of morally compliant DoJ attorneys who willingly wrote legally bogus memos to define away and thus sanction torture. And the policies were carried out by a group of CIA operatives who obviously knew it was wrong (and whose superiors destroyed evidence) and so demanded CYA legal authorizations and orders from the President.
And finally, we know the White House — and what used to be called the Justice Department — did everything they could to cover up their conspiracies to commit war crimes.
Given this set of well known facts, any normal eight-year old would conclude that if anyone were ever held accountable, it should be those officals at the top who ordered these policies, followed by sanctions for the compliant attorneys. Only then, unless you could establish good faith reliance, you’d hold accountable those who carried out the orders.
In other words, you would do the opposite of what happened with Lynndie England at Abu Ghraib. But this weekend, the WH tried to argue, in effect, that John Yoo was just another Lynndie England.
Everyone with any decency knew that dismissing what happened at Abu Ghraib as the work of a few bad apples acting without encouragement/authorization from senior officials was dishonest. Restricting legal accountability to that level was morally repugnant, destructive of accountable government and the rule of law. But apparently, this simple principle of accountability escaped the White House counselers. Hence the slow-motion, but entirely avoidable, train wreck.
On Sunday, Rahm began throwing the wrong switches by insisting that Obama did not mean to excuse only CIA operatives, as his statements suggested; Rahm assured us the President really meant that people who ordered the policies should also not be prosecuted.
But by Monday, the White House threw another wrong switch, declaring they would not rule out legal sanctions against the attorneys who wrote the OLC memos. That implied that those who were manipulating/ordering the OLC attorneys — the WH group demanding more brutal interrogations and insisting OLC write cover memos — would not be investigated. Now the crash was virtually certain.
By Tuesday, President Obama was forced to contradict Rahm Emanuel and move the switches himself, but not far enough:
WASHINGTON — President Obama on Tuesday left open the door to creating a bipartisan commission that would investigate the Bush administration’s use of harsh interrogation techniques on terrorism suspects, and he did not rule out taking action against the lawyers who fashioned the legal guidelines for the interrogations.
That switch left Press Secretary Gibbs to fumble with the inevitable question: doesn’t this mean that an investigation would have to hold WH officials accountable too?
To which the only honest answer is, and always has been, uh, "Yes; what did you expect when the President and Vice President and their closest advisers order the CIA to torture people?"
Tell AG Holder we need a special prosecutor — sign the petition.



17 Comments







recommended – awesome post, thank you scarecrow
Thanks, Suz.
Outstanding. Recommended.
If it’s true that Obama took four weeks to write that statement affixed to the release of the torture memos, it follows that there’s been a lot of internal debate going on. So, he is conflicted and the wriggle room he is leaving himself is being exploited by Rahm and others who have (Blue) dogs in this fight.
He’d better make up his mind to stand with the Constitution and stick with it. We got into this mess by acting like it was just “a goddamn piece of paper.” (That other Constitutional “scholar,” G. W. Bush). Just this once, could we have a President who doesn’t think his oath is something to be gotten around? Hell, he did take it twice, for cryin’ out loud.
i suspect obamaco are trying to have it both ways – they work to create a “brand” that is anti-torture and pro-rule of law while at the same time not taking the actions necessary to actually govern in the ways that are consistent with his brand.
marketing, ain’t it grand.
Scarecrow, I heard/saw this on DemocracyNow today: “MARK BENJAMIN: No, I don’t think we’re going to see any arrests. And I think that the significance of what the Obama administration has done over the last few days or announced over the last few days has been largely missed, which is, if you look at the President’s statements and you combine them with the statements of Rahm Emanuel, the Chief of Staff, and Eric Holder, the Attorney General, if you put those together, you will see that over the last couple of days the Obama administration has announced that no one, not the people who carried out the torture program or the people who designed the program or the people that authorized the program or the people who said that it was legal even though they knew that it frankly wasn’t, none of those people will ever face charges. The Attorney General has announced that not only that, the government will pay the legal fees for anybody who is brought up on any charges anywhere in the world or has to go before Congress. They will be provided attorneys.”
I don’t know the truth of what’s bolded but if what Mark Benjamin says is accurate, then Holder would be appointing the ’special prosecutor’ he would be litigating against.
So…we the citizens get to PAY for their DEFENSE??? Good grief.
This is the wild west all over again. Where’s the Marshall?
Words…just…fail.
Thanks for tracking the evolving manipulations and hypocrisies. He must proceed with accountability, upholding rule of law and demanding investigation and prosecution. The notion there is no time to spend on this issue when there are more pressing issues and therefore we’re not to push for justice is full of sh..
White House consiglieres, more like.
Great post. Glad you put Turley on. He has been ripping up the carpet for years now. Hang onto every word he has to say.
Was Jeremy Nadler the first congressperson to call for a special prosecutor of the torture issues? I thought that was Kucinich? Is nadler taking credit for something Kucinich has been pushing for for years now?
If folks did not see Hardball on Monday night. Chris Matthew brings up Steve Cambone and his trip from Gitmo to Abu Gharib at the end of the “debating torture” clip
http://www.msnbc.msn.com/id/3036697/
Chris Matthews “how can you exonerate the big shots when they wrote the rule book for this kind of behavior”
Obama has made it abundantly clear he does not want to investigate or charge anyone from the Bush Administration for anything that they did during it. I just went to look up the links to a couple of oxdown diaries I wrote on Obama’s pre-inauguration January 11, 2009 interview with George Stephanopoulos.
http://oxdown.firedoglake.com/diary/2946
http://oxdown.firedoglake.com/diary/2948
The second of these covers the CIA and its programs including torture. Obama’s current position remains virtually the same:
And more generally:
My bold
I have no idea what it means to unblatantly break the law.
Hey scarecrow and all.
Frankly, I think that this could be a train wreck or perhaps a controlled demolition. Obama knows he cannot in anyway spearhead the charge to prosecute this (and no president should). That would be interpreted as politically motivated. He’s looking to Holder to do that. It’s also an opportunity for DOJ to reclaim itself as an independent arm of justice. And that would be motivated by the need for law enforcement, period.
They’ve got to build the case with the public for going after these guys…many of us firepups know what the score is, but if you only listen to Norah and Lou, you might not.
I’m also glad that Rahm kinda stepped in the dogdoo. just cuz.
Well there’s the makings of a great press conference question:
“Mr President, we now know that interrogation techniques unequivocally prohibited under US and international law were authorized, secretly ‘legalized’ ex post facto, and carried out. As you have previously said that ‘blatant’ lawbreaking should not be above the law, could you explain which components of the activities I just described could constitute ‘unblatant’ lawbreaking?”
Tremendous summary! It’s beginning to look like that train is going to barrel down the “prosecutions” track no matter what switches Obama and Rahm throw now.
Thanks for the h/t.
All those terms they use for letting these criminals off the hook really gets under my skin. Have heard Obama and his team say we do not want to be about “retribution, vengeance, blame, witch hunts” All of this “move on, turn the page, a new chapter in our history” yada yada.
They really need to get out on the streets more. Americans are starving to witness these individuals held accountable. We want to witness the same rule of law that is applied out here on the peasants to those who lied our nation into an unnecessary war, tortured etc etc.
Many of us worked our asses off to witness the Obama administration walk their endless talk NO ONE IS ABOVE THE LAW
great post jim