The Great Unravelling: Leahy Takes TC Case to Time Magazine

And states it well.

So what is to be done about the abuses of the Bush years? Some say do nothing, and a few Senators even tried to make Attorney General Eric Holder promise in his confirmation hearings to launch no prosecutions for Bush-era lawbreaking. At the opposite end of the spectrum, others say that even if it takes many years and divides the country and distracts from the urgent priority of fixing the economy, we must prosecute Bush Administration officials to lay down a marker. The courts are already considering congressional subpoenas that were issued earlier as well as claims of privilege and legal immunities. Those cases will stretch out for some time, as would prosecutions–taking even a decade or longer. Moreover, it is easier for prosecutors to net those far down the ladder than those at the top, who set the tone and the policies.

There is another option, a middle ground whose overarching goal is to find the truth: we need to get to the bottom of what happened–and why–to make sure it never happens again.

I would love to ask Leahy were he pulled the “taking even a decade or longer” idea out of, though. I find that a little …ahem…prejudicial…in arguing his case.

Another slight problem…

One path to that goal is to appoint a truth-finding panel. We could develop and authorize a person or group of people universally recognized as fair-minded and without an ax to grind.

Senator, who in the world would the current batch of bi-partisan (hahahahahahaha) Republicans recognize as being fair-minded and without an axe to grind? My guess, Jesus, Santa Claus or Reagan’s zombie corpse. Let me use my crystal ball as to who the Repubs would suggest for the panel. Newt Gingrich, Tom DeLay and the RNC employee who just got off scott free for conspiracy ratfucking of the Rhode Island Senate race.

He also asks and answers his own question…

Most of all, we need to see whether the American people are ready to take this path.

In the meantime, Congress will work with the Obama Administration to fix those parts of our government that went off course. But to repair the damage of the past eight years and restore America’s reputation and standing in the world, we should not simply turn the page without being able first to read it. A recent USA Today/Gallup poll showed that more than 60% of Americans agree that investigating the failed national-security policies of the past eight years should be considered.

I hope he is listening to himself!

There is also a really really good article in the Washington Independent that lays out both sides well, I have bookmarked it for future reference when talking to folks who may not be up to speed on the complex ins and outs. It seems to be pretty balanced, here is part of the section rebutting the idea of a TC.

Truth Commission Talk Sparks Conflict

But that “middle ground,” as he called it, may be problematic. Many legal experts believe that eschewing prosecution is not an option: criminal prosecution is required under international law.

“The only reason to have a commission of this kind is to avoid doing what we’re obligated to do under a treaty,” George Washington University Law Professor Jonathan Turley told Keith Olbermann on MSNBC last week. “It is shameful that we would be calling for this type of commission,” he added. “We’re obligated to investigate. It’s not up to President Obama. It’s not up to Sen. Leahy.”

Margaret Satterthwaite, director of the Center for Human Rights and Global Justice at NYU School of Law, agrees. “Under the [international] torture convention we are obligated to investigate and then prosecute where there’s evidence of torture,” she said.

Other articles of note…

The doings in the UK:

Publish secret ‘torture’ documents, MPs tell Obama

And the latest from Sen. Whitehouse