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.
Good points WollieB.
During my tenure as a federal officer, there is no way my supervisor would have forced me to torture anyone for any reason. Any reasonable CIA officer or other LEO would have known that waterboarding is torture, regardless of those written legal opinions.
I think many–not most–decent Americans would experience deep remorse if they commited torture under the orders of superiors and then found that out, after-the-fact, that they violated international law and would at least resign and seek justice against those who gave the orders.
Excerpt:
“Spain wants torture charges against Bush Six dropped”
By MARTIN SIEFF
http://www.upi.com/news/issueoftheday/2009/04/16/Spanish-government-wants-torture-charges-against-Bush-Six-dropped/UPI-95961239896403/
“WASHINGTON, April 16 (UPI) — The attorney general of Spain has recommended dropping a yearlong attempt to bring six former senior Bush administration officials to trial on charges of authorizing torture practices at the U.S. detention center in Guantanamo Bay, Cuba. But the final decision on whether or not to proceed with the case will lie with the daredevil judge prosecuting it. And he’s never backed down yet.”
Well, mark, let me be the first to publicly confess my naivete. Until your post, I truly didn’t realize that the CIA has a standing policy of assassinating presidents who don’t sign on to its game plan. What universe have I been inhabiting?
I know it’s off-topic, but the W.A.R. article was posted so long ago, I felt it necessary and important to popst this update about Gov. Palin’s choice for Alaska Attorney General, Wayne Anthony Ross. This is from the Huffington Post:
After weeks of losing ground, the joint body of the Alaska legislature has voted to reject Wayne Anthony Ross as Attorney General.
Our representation has debated at length Governor Palin’s controversial appointment and they have been distracted from state business in the critical waning days of the session. I believe that was part of the design of the appointment.
Sarah Palin is 3000 miles, and 3 time zones away in Indiana. She was not present to lobby her appointment.
They have denied Wayne Anthony Ross.
This vote by the joint legislative body reveals a growing bipartisan lack of confidence in Governor Palin’s ability to make critical appointments.
The Combined Vote: 23 yeahs 35 nays. DENIED.
HEE HEE HEE!
Oh come on you naive little creatures. Virtually Obama’s entire safety in this dangerous world rests with the CIA.
Were you ever so naive to actually believe this President would make an enemy of the same agency charged with protecting him?
No wonder this clown won; you actually never thought this through did you?
Amazing.
Apparently mark just picked up on my item #10. I didn’t think it would take long.
FFLEO, thanks for the kind words. I just wish I could come up with something positive to say about this decision.
WHERE IS MESPO?
I WANT THAT PRICK TO COME HERE AND TELL ME HE WAS WRONG WHEN HE WROTE SERVERAL MONTHS AGO THAT OBAMA WAS DIFFERENT AND WOULD REVERSE ALL THE SPYING BUSH DID!
IT APPEARS OBAMA IS AN EVEN WORSE RIGHTS VIOLATOR IN JUST 3 MONTHS THAN BUSH WAS IN 8 YEARS!
“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.”
Good Lord! Is torture now a job?
“It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department,” Holder said.
It would be unfair? What the hell! Is torture now a victim-less crime.
Thanks Mike Appelton.
Although I do not always agree with lawyers, the ones who posit reason and logic through critical thinking are invaluable writers who often take the time to ‘itemize’ their thoughts. We have 4 or 5 of those types within this blawg.
However, Stars ‘n Bars forever to those 258,000 Confederate dead.
Nice combo, trolls.
Poison Pill (Obfuscation of blame – the crime is Bush Co’s. but the failure to prosecute is Obama’s. That’s more subtle than anything I’ve seen since I used to crush your kind at WaPo.) and False Consensus all on one thread. Your corporatist fascist bosses must be sweating buckets to pay your overtime.
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Mike,
If you have some other words to describe Obama and Holder which mean the same as cowards and traitors, please feel free to use them.
I want you to be comfortable in referring to the treasonous fascists.
I AM SORRY I EVER VOTED FOR THIS SAD SON OF A BITCH OBAMA.
HE LIED THROUGH HIS TEETH TO US ABOUT EVERYTHING.
HE IS JUST ANOTHER CROOKED POLITICIAN.
BVM,
How lovely to note that you speak for the black people of the world, just when were you appointed? Somehow, those people of color I know didn’t realize you were the minister of propaganda.
Just a note on Black History, which you really should know. Eldridge Cleaver, he of Black Panther Fame and raper of women called Dr. King a coward and traitor to his race. Eldridge, that man of the people wound up as a clothing designer. Elijah Mohammed of the Nation of Islam called one of the greatest persons of his time, Malcom X, a traitor and Elijah probably conspired with Hoover’s FBI to have him murdered. Stokely (Black Power) Carmichael helped destroy the Civil rights movement with his inflammatory rhetoric calling great Black Leaders cowards and traitors, then Stokely miraculously reappeared in Africa to avoid the mess he created and the destruction of his community. There were of course rumors of CIA employment and Cointelpro, but nothing came of it.
As a white man,the most important and most moving issue of my 7 decades has been the struggle by African-Americans against racism and assaults on their dignity. My role was small, but my commitment never has wavered and I don’t give a damn what color you are: Stupid is Stupid, but ignorance is worse.
Mike S.
Two words. One phrase. “Poison Pill”.
Also a troll tactic.
So, what has the president accomplished today with these announcements? Let’s itemize:
1. He has proclaimed to the world that the prosecution of those responsible for the violation of U.S. domestic laws and international treaty obligations is limited to those accused who are foreign nationals.
2. He has published a handbook of permissible torture methods that current and future enemies of the U.S. can safely rely upon when interrogating U.S. citizens arrested or captured overseas.
3. He has revived the argument rejected at Nuremberg that reliance upon orders from one’s superiors is a valid defense against charges of war crimes.
4. He has ratified the worst excesses of the Bush administration in deference to the false god of national unity.
5. He has confirmed to the American public his belief that government should be of laws rather than of men, unless there are overriding political considerations.
6. He has cast aside the opportunity to reaffirm our willingness to exercise responsible moral leadership in international affairs.
7. He has established the political precedent that the actions of the executive branch should be afforded immunity from investigation by successive administrations.
8. He has informed the community of nations that our word can be relied upon provided we deem it appropriate under the circumstances of the moment.
9. He has betrayed the trust of literally millions of voters who saw in him real hope for the restoration of this country’s reputation.
10. He has delivered to the Republican Party sufficient evidence of hypocrisy to galvanize political opposition to future policy battles.
If I appear bitter, I am. This is shortsighted, Machiavellian expedience at its worst.
So we’re going to pay for their defense?
How about this.
Punish the torturers or cease to be a legitimate government.
Illegitimate. Do you understand that word, Obama?
As in “one I should no longer pay taxes to”. Or “obey their unequal application of laws”. Or “give any thing except the finger, much less money, respect or deference.”
You think those idiot teabaggers are trouble? They’re poorly educated pawns. Right now I urge every attorney who takes his or her vow to protect the Constitution seriously to withhold paying taxes next year (probably too late for this year) absent forward movement on prosecution between now and then. Write on your forms, “I’ll be glad to pay as soon as you put the treasonous traitors of the Bush Administration on trial. Until then, I politely decline to participate in your tacit approval and furtherance of criminal conspiracy to defraud U.S. citizens and violate the Constitution by cutting your funding.”
“So we move beyond ignoring our law to paying for any and all expenses incurred by lawbreakers.”
Jill,
How cool is that?!
FFLEO,
Went there and found a flashback to the annoying holier than thou radicals I knew in the 60’s. So pure in verbiage, so disdainful of anyone who doesn’t follow their party line, so accusatory in style, most of them were “skin deep” believers, ready to sell out their ideals if the gravy train came in. From the looks of this group they’d be up singing for Rick Warren if the dollars were right. People often mistake those seemingly with common cause for allies when in truth they’re just carbon copies of their political opposites. Same type of rhetoric, same authoritarian bent: The interchangeability of Nazi’s and Stalinists.