Attorney General Eric H. Holder Jr. announced late last week that the Administration had finally fulfilled the promise of President Barack Obama when, soon after taking office, he promised CIA employees that no one would be charged with torture despite his acknowledgement that water boarding is clearly torture under domestic and international law. Holder announced that the final investigation into deaths of prisoners in Afghanistan and Iraq in 2002 and 2003 respectively would not result in a single charge of any kind. Recently, John Cusack published an interview with me where we discussed the abandonment of core civil liberties principles as well as the expansion of unilateral executive power under President Obama. Now, just before the uncontested Democratic nomination convention, the Administration is reminding civil libertarians that it stands firmly on blocking the prosecution of what is widely viewed as war crimes by the U.S. After the creation of a comprehensive and premeditated torture program, not a single person will be charged despite acknowledged waterboarding and deaths of detainees. The Department did say that it was uncertain of the “propriety of the examined conduct.” War crimes is now a matter of uncertain “propriety.”
Thus, with little more than a whimper, a three-year investigation of torture came to a predictable and disgraceful end. The Justice Department simply announced “Based on the fully developed factual record concerning the two deaths, the department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”
The latest questions of propriety involve the deaths of Gul Rahman in 2002 after he was shackled to a concrete wall in near-freezing temperatures in the famous CIA-ran “Salt Pit.” He was suspected of being a militant. The other case is Manadel al-Jamadi who died in 2003 at the infamous Abu Ghraib prison in Iraq.
In a truly spellbinding moment, Holder blames the “statutes of limitations and jurisdictional provisions.” Of course, it was the Justice Department that delayed prosecution and the military that botched an investigation in a way that made prosecution difficult.
However, there is going to be one prosecution. Former CIA official John C. Kiriakou, is awaiting trial on criminal charges after disclosing information on the torture programs and those who committed the torture.
Source: NY Times
When all the prosecutors resigned from Guantanamo, and finally the lead prosecutor quit (Morris Davis), it became crystal clear: they had been instructed that there must be no acquittals, and exculpatory evidence was withheld, and everything was fixed, and the whole thing was an atrocity. At that point I remember thinking, “aha, so I live in the same country that my compatriots should now KNOW they live in with me.”
Do we know now?
Are we there yet?
Can we vote our way out of this?
So if not, should we have a bit of health care and $16/month worth of American Cheese and powdered milk before we die or not? That’s what I want to know.
http://physiciansforhumanrights.org/press/press-releases/justice-department-closes-door-on-torture-accountability.html
Cambridge, Mass. – 08/31/2012
The US Justice Department’s decision to end its criminal investigation of the CIA’s torture of prisoners without bringing a single prosecution is a shameful setback in a sordid chapter of American history, Physicians for Human Rights declared today.
“We are deeply disappointed that the US government has refused to bring charges against those responsible for heinous acts of torture resulting in two deaths – in violation of US and international law,” said Donna McKay, PHR’s Executive Director. “What message does it send to other countries and to the American public when neither the officials who authorized such abusive interrogation techniques nor the people who implemented them are compelled to answer for their crimes in a court of law?”
Since 2003, PHR has investigated allegations that US national security personnel used abusive interrogation techniques amounting to torture as part of their intelligence-gathering activities. Subsequent PHR reports have documented the systematic use of physical and psychological torture against detainees at US detention facilities in Iraq, Afghanistan, and Guantánamo Bay.
There were two strong pro civil rights, civil liberties, Presidents in the 20th Century and no dont get the flag up for FDR or JohnBoy Kennedy. They were Truman with his executive orders integrating the armed forces and Johnson who passed the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Historians in a hundred years will put them above the rest of the dog pack. JimmyCarter was a little farter, Clinton was from Benton, compared to those two. FDR was a crock.
David. While resisting would be good I don’t see anything in you posting that tells me or anyone else how to effectively resist. As I see it the only thing we can do is support Democrats who actually believe in the ideals of the Democratic Party and hope that the can push the party leaders back into line.
I wish we had more and better options.
Of course we have to continue making it clear that what is being done in our name is wrong but I don’t think Obama is listening.
You are right Blouise. I think we would have had less corruption and under handed dealings if Nixon had been impeached and tried.
Jill,
I have no problem fighting for improvements in the civil liberties, no matter who the president is, but to vote for Romney or a 3rd party that does not have a legitimate chance of winning will produce a Romney election and we will have women’s rights, the ecomony, SS and Medicare along with the civil liberty issues to deal with.
raff,
Yep. I said it then and I was always met with the same excuse from both sides of the aisle … “the country and the economy can’t handle the stress a trial would produce. Best to just let him fade away into a disgraced retirement so the “people” can move on.”
Yeah, right … look at what we’ve moved on to … from a botched burglary ordered by the White House to intentional torture ordered by the White House.
Justice Holmes,
Real liberals have plenty of things to do and we can get cracking anytime now. First, we don’t have to vote for Obama. That is your choice but it is not the only choice. Secondly, we can act like actual citizens and resist. Here’s some info on that for you!
“In fact, legality has been removed from all discussion, as President Obama has publicly instructed the Attorney General of the United States not to prosecute any members of the Central Intelligence Agency for torture.
President Obama, together with Congress, has “legalized” imprisonment without trial for Americans or non‐Americans (something Obama’s Justice Department is currently struggling to uphold in court), as well as rendition,
and torture (now a policy choice rather than a crime).
The Obama administration has engaged in an unprecedented assault on whistleblowers, charging more than all previous administrations combined under the Espionage Act, creating a climate of secrecy and fear, torturing
Bradley Manning, and maneuvering in an extensive effort to gain custody of Julian Assange and try or at least punish him for journalism.
This unprecedented militarism was the inevitable result of our failure to hold Bush and Cheney responsible for their crimes. It carries with it the inevitable trade‐off on the domestic side. Over half of federal discretionary spending (and rising) now goes to war preparation. Obama’s major complaint with the U.S. media is that, “He particularly believes that Democrats do not receive enough credit for their willingness to accept cuts in Medicare and Social Security” (New York Times, Aug. 7,
2012). The concentration of wealth in the hands of the few has advanced faster under Obama than under Bush. Corporate trade agreements have been created at a faster pace. The destruction of the earth’s atmosphere has continued at a faster pace.
The Horrible Romney Alternative
OF COURSE you should not vote for Romney. But civil rights were not gained by avoiding the responsibilities of citizenship in
order to pretend that every day is election day. Today is not election day. Today is an opportunity to communicate a message
to the holder of an office that has been given unprecedented power (again, by allowing Bush to walk free). Women did not
vote themselves the right to vote. The labor movement was not built by the current strategy of funding a corporate political
party with working people’s hard‐earned pay. In that moment of voting, vote as you see fit. But censoring your criticism of
your government, cheering as a spectator for one half of a corrupt government, treating government of the people as a
spectator sport is working against what has always done the good you are intending to do here. We don’t need well‐meaning
props in electoral commercials so much as we need activists, organizers, mobilizers, educators. If we reject any cuts to our
Social Security and Medicare, if we insist on an end to all the killing, we will move the culture of the country and with it all the
politicians. That’s what’s worked for centuries. Avoiding ugly facts has never gotten us anywhere.”
David Swanson
rafflaw, Thanks, apology accepted and the matter is closed.
1. Enough evidence to convict –That is the jury’s job but now that the president can be investigator, judge jury and executioner I guess it does not matter to Holder or Obama.
2. Is Obama better than Obama? He sounds better but if he is a relativist all the things he says he is for can be or will be jettisoned when inconvenient. As a result, I am on tender hooks.
3. There are some really commuted democrats in government and running for office we need to support them and encourage them to turn him around and malt it inconvenient for him to protect war criminals and financial criminals.
4. No where to go. Obama has known this and run with this unfortunate fact his entire term. Sad but true we liberals have no where to go.
What I find disturbing is that there are so many smart people in the USA such as lawyers, justices, and they all sit on the side lines and not saying anything. We should never have a system where the president picks an attorney general.
Dispicable
Not so much how existing law is ignored that is an issue, it is about how this administration interprets existing law to enforce. Not sure if giving them four more years of authority is wise.
Blouise,
this decision to violate our law and international laws on torture does seem to exempt the CIA and any public official for their wrong doing. I agree that the Ford pardon of Nixon haunts this country to this day. It would have been better to slog through the crimes and testimony to show the country that no one is above the law.
“declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.” … and here I always thought that was the jury’s job.
Of course the CIA might decide to retaliate should Holder put them on trial for following Bush/Cheney’s orders and I don’t think anyone has ever accused Holder of an abundance of bravery.
Now then, should CIA officials be put on trial then it seems quite natural for additional charges to travel up the line … but wait … Ford’s pardon of Nixon set a precedent which means the sitting President would then have to pardon Bush/Cheney … oh laws, what a mess.
I wonder if the CIA will ever again follow orders to torture? What? Oh … never mind … just call me Handiwipes Holder.
So, no torture prosecutions and they dropped the charges against Joe Arpaio, too. Chickens. Cowards. Weakness that will be exploited in the future.
So disgusted.
Wiki says his home is in Malibu….
I like Cusack a lot and my husband and daughter follow him on twitter. He has been a strong Obama supporter in the past, and if I read what he said correctly, it remains to be seen whether or not he casts a protest vote against Romney. If he still votes in deep blue Evanston, it does not matter.
Nick,
If I misinterpreted what you wrote, I apologize. I did react too quickly to your response.
So far, in place of addressing what has happened we have seen the following; 1. Romeny won’t prosecute torturers either 2. it is racist to criticize this or any decision by Holder, 3. attacks against Cusack, which may be perfectly accurate but do not invalidate his current argument and 4. it is “selfish” to stand on any principle that doesn’t involved electing Obama. That is, the principle that, “my candidate is the one who should win” is an allowed principle. The principle that says we should not tolerate wrongdoing, no matter which person engages in that wrongdoing is an unacceptable, selfish principle.
I take these to be the govt. talking points. It bears considering whether these talking points have any meaning or value. It would be even better if people could first address the issue at hand before immediately launching into govt. given talking points.
How many historians have we heard talk about changes in nations using various dictionary words such as “erosion”, which have a wide variety of applications? Lots of them.
As the world’s ground zero for effective propaganda, it is about time we published some new Civics 101 textbooks that are in touch with reality.
If we don’t, our kids are going to be laughed at if they travel abroad and say they are from the greatest democracy on Earth.
They will blame the shame the feel on us.