President-elect Barack Obama appears to be signaling that he is not inclined to investigate crimes committed by the Bush Administration. In an interview with ABC News program “This Week With George Stephanopoulos”, he picked up on the recent Democratic spin that we should all “look to the future and not the past” even if the past happens to contain war crimes committed by his predecessor. I just finished an interview on Talk of the Nation on which I debated the issue with Harvard Professor and former solicitor general Charles Fried. I also discussed the issue on MSNBC Countdown.
Many civil libertarians are concerned that this will be another flip-flop from Obama after he surprised many by voting in favor of telecom immunity. During the campaign, he made it clear that he believed that waterboarding is torture, an inescapable position. Yet, the deductive reasoning is inescapable. If waterboarding is torture and torture is a war crime, then the Bush Administration committed war crimes. Yet, it appears that once again practicalities have proven the enemy of principle. With many insisting that such an investigation would be a distraction. It is the latest spin from democrats. Democrats first insisted that they could do nothing about criminal programs like the torture and surveillance programs because they did not control Congress. Then, when they controlled Congress, they insisted that there was not enough time left in the Administration to investigate and that we would have to wait for the next Administration. Now that they have been given the White House, they are insisting that we need to look forward and not behind.
The latest theme seemed to be what Obama was raising in the interview. When asked about his position, he immediately stated his “belief that we need to look forward as opposed to looking backwards.” He then defended those who committed the torture: “And part of my job is to make sure that, for example, at the C.I.A., you’ve got extraordinarily talented people who are working very hard to keep Americans safe. I don’t want them to suddenly feel like they’ve got spend their all their time looking over their shoulders.”
No one seriously expects the torturers to be prosecuted, though I have far less sympathy for people who commit torture. In a nation committed to the rule of law, people should be looking over their shoulder when they are contemplating a war crime.
For the interview, click here.
For the full story, click here.
rafflaw:
I find investigations are very organic things which develop momentum of their own. If the truth can come out, I think the pressure will build to do something. We know in this Country that “something” usually means a trip to court to decide the issues.
I am so sorry the Khalid Sheik Mohammed was tortured. I can’t sleep at night.
What should we do?
Ask him politely, ‘ah, Mr. Khalid, can you help us? We’re trying to determine, are we going to be attacked again? If so would you be so kind as to tell us when and where? And can we tell the survivors of the people that just wanted to go to work and go home that you murdered that your sorry. Would that be accurate?
I am not as discouraged as some of you seem to be. I did not like the comment by Obama that everyone is quoting here, but remember that the question was whether he would name a special prosecutor to investigate the Bush felons. He doesn’t need a special prosecutor for the Justice Department under Holder(if confirmed), to investigate. After Conyers gets done with his Congressional investigation(if his bill is approved), Obama is going to have no choice, politically speaking, but to agree with Justice and/or Congress in their investigations.
With that being said, I hope I am right, or I will join Jill in calling for mass demonstrations to force the Dems and Obama to follow the law.
Prof. Turley,
Is there anyway for WE the PEOPLE to force the Justice Dept. to investigate and prosecute Bush/Chaney/Rumsfeld, etc. for all of their injuries to OUR Constitution? I don’t want to bemoan my “wasted vote” – I want all of those responsible for STOMPING on OUR Constitution to suffer serious consequences for their crimes! Thank you for speaking out on behalf of OUR Constitution.
“He also taught constitutional law at the University of Chicago Law School from 1992 to 2004.”
If Mr. Obama does not pursue Mr. Bush’s war crimes, then he is a hypocrite and he lied to the whole wide world. My vote as a 30-year registered Republican appears wasted on Democrat Obama’s fraudulent pledges.
“I’ll do ya one better:”
I like that too.
Jill,
If I’m not mistaken, I think I warned you about this more than half a year ago.
Like I said, the only way to hold the Bush Administration accountable will probably be through state law and the the extent a state constitution sets a higher ceiling than the fed constitution.
We need to get moving. Obama had many voters. We the people have the right to demand that our president represent our Constitution, that he fulfill the will of the people. He will take an oath to do so. A lot of voters can translate into a lot of protestors. If he can get elected through the actions of the many, he can get this message the same way. Friends don’t let friends destroy the Constitution!
How inspiring Mespo.
I’ll do ya one better:
http://www.courts.state.ny.us/history/elecbook/kaye_cardozo/pg1.htm
“When asked about his position, [Obama] immediately stated his “belief that we need to look forward as opposed to looking backwards.” He then defended those who committed the torture: “And part of my job is to make sure that, for example, at the C.I.A., you’ve got extraordinarily talented people who are working very hard to keep Americans safe. I don’t want them to suddenly feel like they’ve got spend their all their time looking over their shoulders.”
************
“Do not believe for an instant that the world’s conspiring elite in every nation have so much as a serious quarrel among them. They have just one object: control through tribute. Your slavery, through tribute, and mine… Behind this attack are the self-styled elite, secure in their own power and riches… To be effective we must direct our attacks on the real criminals, the wealthy, and powerful and secret elite of all the world – the conspirators laboring day and night to enslave us.”
Taylor Caldwell, “Captains and the Kings”, 1974
David,
Indeed! On some other program there was a crack about Dick having his customary breakfast of human pituitary glands.
rcampbell,
According to Glenn Greenwald today;
“And yesterday — after Obama signaled his reluctance to investigate Bush lawbreaking and explained that he can’t close Guantanamo until there is a new “process” allowing “tainted” evidence to be used — my comment section was full of people explaining why Obama can’t possibly investigate (let alone prosecute) Bush officials for crimes, and that it’s more important to keep Dangerous Terrorists imprisoned than it is to abide by long-standing principles of American law and Western justice which prohibit the use of “tainted” evidence (meaning, at least in part, confessions and other evidence obtained by torture), even though we have repeatedly been successful in obtaining convictions of Dangerous Terrorists in our federal court system both before and after 9/11. Some pro-Obama bloggers echoed those claims.”
Perhaps your article supersedes this information.
Jill-
Speaking of Tom Cruise, I hoped that somehow the lawyer Obama would metaphorically confront Cheney (“I want the truth!”)the way Cruise confronted Nicholson’s Jessup, as there are a lot of similarities between Jessup and Cheney, except for the military service part.
Remember: “Son, we live in a world that has walls and those walls need to be guarded by men with guns. Who’s gonna do it? … I have a greater responsibility than you can possibly fathom… You have the luxury of not knowing what I know: that Santiago’s death, while tragic, probably saved lives and that my existence, while grotesque and incomprehensible to you, saves lives. You don’t want the truth because deep down in places you don’t talk about at parties you want me on that wall, you need me on that wall.”
Sound like Dick?
I too want to see vigorous prosecution of the war criminals Bush, Cheney, Rumsfeld, etal. That the Gang of Eight’s complicity would come out and perhaps even lead to their own problems is the natural logical consequence of playing fast and loose with the Constitution. ANYONE who does so should know that they do so at their own peril. I recently read a quote from Congressman Conyers that addressed the issue of Executive branch prosecutions. He said simply “Stay tuned”. I’m sure many of us will.
That said, after reading the article provided by JT above and the comments, I did my customary routine and proceeded from this site to Huffington Post. Just below the headline piece about the decision to seat Roland Burris as the Senator from Illinois (duh!) was this AP piece by Lara Jakes:
WASHINGTON — Advisers to President-elect Barack Obama say one of his first duties in office will be to order the closing of the U.S. military prison at Guantanamo Bay. That executive order is expected during Obama’s first week on the job _ and possibly on his first day, according to two transition team advisers. Both spoke Monday on condition of anonymity because they were not authorized to speak publicly……
Assuming the Jakes’ article is true we can at this point say “…Well, at least THAT…”
Dpeifer,
Well Tom Cruise does!
I continue to be appalled that the Democratic Party seems to think that torture is not worth investigating because it’s in the past. Do they do a lot of investigations of future events?
Torture was done in our names, and until the torturers, and those who ordered the torture who are equally guilty, are brought to justice we are all tainted. Thank you for standing for the Constitution, Professor Turley. I am proud to stand with you.
Pursuing legal accountability for Bush administration officials who violated the US Code would also place Democratic Congressional leaders, particularly memebers of the Gang of Eight, of the 107th through and including the 111th Congress in identical legal jeopardy.
The new administration lacks the moral fiber for that much change.
I knew this guy was too good to be true.
It would be interesting to see if he signs his political death certificate by handing out pardons to anyone hauled into state courts for the same crimes.
Obama will not investigate war crimes. He will not close Gitmo for at least two years. He is talking of Iran having a nuclear weapon despite what is written in the NIE.
Pressure needs to be put on him to reverse course immediately. Supporters need to tell him he doesn’t have their support anymore if he maintains these positions. Supporters should not go to his inauguration, not send one dime, not do even one favor of any kind for him until he actually comes through on restoring the rule of law. George Bush is the dictator many of us didn’t like. We need to make certain Obama isn’t the warm and fuzzy dictator we do.
Mr Turley, Wanted to take a moment to thank you for speaking in opposition to torture with such conviction on NPR today.
If I understand the argument made against your position by Professor Fried, It is that there is no chance of gaining a conviction therefore we must not put the public through the ordeal. If indeed I understand it correctly, I am astonished.
Moreover, I am eternally thankful that the founders of our nation, the proponents of the French revolution and the Creators of the Magna Carta were not dussuaded by this argument. As a layman, I do not understand some of the complexities of the law, but it seems Professor Fried is using the benefit of hindsight to create maxims to support his argument. The realty is that the revolution was in question almost until Cornwallis capitulated at Yorktown.
I belileve we are in the ‘twilight’ justice Dougals Spoke of. I believe we are witnessing an assault by the Bush Administration on 800 years of civil liberties. I also know that history demonstrates that totalitarianian regimes do not arrive on our collective doorstep wrapped nicely with a big red bow with a note reading ‘ totalitarian regime inside’. These regimes use the machinery of free societies to gain control, to undercut, to divide, to create fear and finally to seize power.
In response to a comment by Mr fried, you indicated if only two people in the entire nation are with you that you will press on, that you will continue to stand in opposition to torture, due process violations, and the attack on Habeas Corpus. Mr Turley, be absolutely assured that I will always be with you, behind you and at your side as you press to bring the witting and unwitting proponents of totalitarianism to justice.
I will be the citizen the founders asked for. I will be a defender of the principles set forth in the Constitution. I will be most vociferous when the abusers are those in power.
Whatever the merits of punishing the policymakers, perhaps it would be detrimental to the long-term security of the country to prosecute the foot soldiers who merely carried out the orders they were given. CIA is timid and bureaucratic enough; forcing each employee to come to an independent judgment of the legality of each of his official actions would make that even worse.