To his credit, President Barack Obama has rejected efforts at the CIA and National Security Council to prevent the disclosure of memos detailing torture techniques. However, the statement below appears to lay the groundwork for a decision to block any investigation into war crimes. While insisting at we are a “nation of laws,” Obama seems to refer to enforcing those laws as acts of “retribution.” It is a position that is strikingly similar to the view of pro-Taliban leaders in Pakistan who have blocked war crimes prosecutions in that country. In the meantime, Attorney General Eric Holder has promised that no CIA employee who tortured detainees will be prosecuted. I discussed the memos on this segment of Rachel Maddow.
Holder’s anouncement further shows the obstruction of any serious investigation since the threat of prosecution is a critical tool used by investigators to gain cooperation from witnesses. It is also a curious position for the Attorney General who is saying that he will not allow people to be investigated for the commission of federal crimes despite his oath to enforce those very laws without political manipulation or interference.
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
____
FOR IMMEDIATE RELEASE
April 16, 2009Statement of President Barack Obama on Release of OLC Memos
The Department of Justice will today release certain memos issued by the
Office of Legal Counsel between 2002 and 2005 as part of an ongoing
court case. These memos speak to techniques that were used in the
interrogation of terrorism suspects during that period, and their
release is required by the rule of law.My judgment on the content of these memos is a matter of record. In one
of my very first acts as President, I prohibited the use of these
interrogation techniques by the United States because they undermine our
moral authority and do not make us safer. Enlisting our values in the
protection of our people makes us stronger and more secure. A democracy
as resilient as ours must reject the false choice between our security
and our ideals, and that is why these methods of interrogation are
already a thing of the past.But that is not what compelled the release of these legal documents
today. While I believe strongly in transparency and accountability, I
also believe that in a dangerous world, the United States must sometimes
carry out intelligence operations and protect information that is
classified for purposes of national security. I have already fought for
that principle in court and will do so again in the future. However,
after consulting with the Attorney General, the Director of National
Intelligence, and others, I believe that exceptional circumstances
surround these memos and require their release.First, the interrogation techniques described in these memos have
already been widely reported. Second, the previous Administration
publicly acknowledged portions of the program – and some of the
practices – associated with these memos. Third, I have already ended the
techniques described in the memos through an Executive Order. Therefore,
withholding these memos would only serve to deny facts that have been in
the public domain for some time. This could contribute to an inaccurate
accounting of the past, and fuel erroneous and inflammatory assumptions
about actions taken by the United States.In releasing these memos, it is our intention to assure those who
carried out their duties relying in good faith upon legal advice from
the Department of Justice that they will not be subject to prosecution.
The men and women of our intelligence community serve courageously on
the front lines of a dangerous world. Their accomplishments are unsung
and their names unknown, but because of their sacrifices, every single
American is safer. We must protect their identities as vigilantly as
they protect our security, and we must provide them with the confidence
that they can do their jobs.Going forward, it is my strong belief that the United States has a
solemn duty to vigorously maintain the classified nature of certain
activities and information related to national security. This is an
extraordinarily important responsibility of the presidency, and it is
one that I will carry out assertively irrespective of any political
concern. Consequently, the exceptional circumstances surrounding these
memos should not be viewed as an erosion of the strong legal basis for
maintaining the classified nature of secret activities. I will always do
whatever is necessary to protect the national security of the United
States.This is a time for reflection, not retribution. I respect the strong
views and emotions that these issues evoke. We have been through a dark
and painful chapter in our history. But at a time of great challenges
and disturbing disunity, nothing will be gained by spending our time and
energy laying blame for the past. Our national greatness is embedded in
America’s ability to right its course in concert with our core values,
and to move forward with confidence. That is why we must resist the
forces that divide us, and instead come together on behalf of our common
future.The United States is a nation of laws. My Administration will always act
in accordance with those laws, and with an unshakeable commitment to our
ideals. That is why we have released these memos, and that is why we
have taken steps to ensure that the actions described within them never
take place again.
The refusal to allow an investigation by a special prosecutor obstructs the enforcement of these laws, including our commitment under treaties. Obviously, Obama and Holder cannot be charged with obstruction of justice for refusing to prosecute but they are obstructing the enforcement of these laws in violation of these international agreements.
Excuse me. I will restate it.
Obama and Holder are cowards to the black people of the world. They make us all ashamed.
I want to add that to release damning information while at the same time refusing to do anything about the actions described therein is really appalling to me. If you find clear and convincing evidence of a crime you don’t “move forward” you appoint a prosecutor. It’s also more divisive to ignore the rule of law than to follow it. And don’t forget that Obama said also, that his govt. will need to be more secretive from now on, “to protect the American people”. I see where this is heading–right back to the past.
Then there’s this:
The Washington Post also reported:
“For the first time, officials said that they would provide legal representation at no cost to CIA employees in international tribunals or U.S. congressional inquiries into alleged torture. They also said they would indemnify agency workers against any possible financial judgments.” (quoted by Jeremy Scahill)
So we move beyond ignoring our law to paying for any and all expenses incurred by lawbreakers.
Suddenly it’s clear how Woody Guthrie’s anger at “God Bless America” could bring him to sing “This Land is Your Land”
or this little ditty
God Bless America…
Mike,
Click on BVMs name and look at the website to which it links.
Seconded.
BVM,
Where does their race come into play? That statement went beyond stupid into the realm of beyond belief. If you’re not black it was racist and if you are, then you should re-read the history of your people to discover that statements like that are pitifully dumb. It is enough to endure your over the top hyperbole, but to read nonsense like this makes me sick.
You’re either a right wing troll who thinks he’s smart, or an aspiring left winger whose got no chops. In either event you are representative of the most dangerous of humans, one who doesn’t know that he/she is stupid.
Obama and Holder are traitors to the United States and cowards to their race.
Change we can believe in.
To look forward a little bit is short sighted. Look forward with clear vision further than Obama is doing now, and you will see repeats of these crimes because those types of criminals do not need to fear prosecution.
Look further ahead President Obama.
The press release is an exclamation of the Nuremberg defence that has already been rejected by the United States and the free world. It has also been rejected by federal criminal trial courts.
Hitler’s minions exclaimed that they “were only following orders” which was rejected.
There is a criminal case in the 5th Circuit published cases where a sheriff and his deputies water boarded prisoners to exact confessions.
They were all convicted.
One of the deputies raised the Nuremberg defence, but it was rejected by the trial court, and by the appellate court.
US v Lee, 744 F.2d 1124 (5th Cir., 1984).
“I don’t WANT to have a common future with folk who think torture is justified.”
Seconded.
“That is why we must resist the forces that divide us, and instead come together on behalf of our common future.”
I say, more important then unity in this country is having an open and painfully frank discussion as to what exactly this country does and doesn’t stand for.
I don’t WANT to have a common future with folk who think torture is justified.
OBAMA OBSTRUCTING JUSTICE !!
OBAMA THE LIAR !!
OBAMA THE MASS-MURDERER !!
OBAMA THE WARMONGER !!
OBAMA THE WAR CRIMINAL !!
Since we can’t find a judge in the U.S. who is a real man or real woman, extradite OBAMA and all the co- conspirators of U.S. War Crimes to Europe.
I have a utopian idea that was predicated on Mr. Obama’s cowardice and naiveté.
Let’s not look back at any crime—governmental or otherwise—by opening the prisons and telling everybody: “Your crimes of pedophilia, torture, murder, and all others are forgiven, we are all starting over from this day forward with a clean slate. However, if you commit the same or worse crimes again, well then, we are *really* going to punish you this time—we really are and mean it now, please be sure of that resolve and please be nice…
Not interested in the torturers proper. I’ve said it before. I want the ones who provided them cover and gave the orders, from Yoo to Cheney.
APPOINT A SPECIAL PROSECUTOR NOW!
From the ACLU–this is a very good examination of what Obama is doing. It is forceful and strongly worded. They are not backing down.
“We have to look back before we can move forward as a nation. When crimes have been committed, the American legal system demands accountability. President Obama’s assertion that there should not be prosecutions of government officials who may have committed crimes before a thorough investigation has been carried out is simply untenable. Enforcing the nation’s laws should not be a political decision. These memos provide yet more incontrovertible evidence that Bush administration officials at the highest level of government authorized and gave legal blessings to acts of torture that violate domestic and international law,” said Anthony D. Romero, Executive Director of the ACLU. “There can be no more excuses for putting off criminal investigations of officials who authorized torture, lawyers who justified it and interrogators who broke the law. No one is above the law, and the law must be equally enforced. Accountability is necessary for any functioning democracy and for restoring America’s reputation at home and abroad.”
http://www.alternet.org/blogs/peek/breaking%3A_obama_doj_releases_four_cia_torture_memos/#137058
Pvt. Keepout,
“the former policy subverts the latter”–You are absolutely correct.
Pass, but…
“…nothing will be gained by spending our time and energy laying blame for the past.”
“…we have taken steps to ensure that the actions described never take place again.”
the former policy subverts the latter. Appoint a Special Prosecutor.
What does it mean to say we are a nation of laws while simultaneously flat out refusing to execute those very laws? There are many inaccuracies in his statement. Nevertheless, as I read it, it should only prohibit the people who physically did the torturing and relied upon the legal council to do so. Many CIA officers were told by their own legal council that what they were doing was illegal and there were govt. attys who said the same thing. But, to me, this statement by Obama leaves prosecution of the lawyers and the most senior officials, to include bush and cheney, open to prosecution. So what is the reason for not prosecuting them? This is an act of lawlessness.