Newsflash: Obama, Holder Made Deal With The CIA?

No charges against CIA officials for waterboarding

WASHINGTON —  The Obama administration on Thursday informed CIA officials who used waterboarding and other harsh interrogation tactics on terror suspects that they will not be prosecuted, senior administration officials told The Associated Press.

Even before President Barack Obama took office in January, aides signaled his administration was not likely to bring criminal charges against CIA employees for their roles in the secret, coercive terrorist interrogation program. It had been deemed legal at the time through opinions issued by the Justice Department under the Bush administration.

But the statement being issued Thursday by Attorney General Eric Holder, the nation’s chief law enforcement officer, is the first definitive assurance that those CIA officials are in the clear, as long as their actions were in line with the legal advice at the time.

The immediate implication is that this was a deal struck with the CIA in return for Obama’s decision to release the memos today.

Does this…



as long as their actions were in line with the legal advice at the time.

…mean that those who MADE torture “legal” and those who authorized the “legalizing” of illegal torture programs WILL be prosecuted?

If torture is illegal, and yet occurred, but the people who carried out that torture are immune, who performed the illegal actions that led to torture?

To put it another way…torture is illegal, so somebody performed illegal actions: torture. If it was not the legal fault of those who were “just following orders,” is it not the legal fault of those GAVE those illegal orders?

The crux: Will Holder go after Bush and Cheney for authorizing the illegal actions of the CIA? That, to me, is the logical implication.

Or does this mean that everyone is off the hook for these patently illegal acts?

Excerpts from Holder’s speech at the West Point Military Academy’s Center for the Rule of Law last night, which just makes this all more logically inconsistent… below the fold.

We will not sacrifice our values or trample on our Constitution under the false premise that it is the only way to protect our national security,” Holder said, speaking to a conference at West Point. “Discarding the very values that have made us the greatest nation on earth will not make us stronger-it will make us weaker and tear at the very fibers of who we are.”

“There simply is no tension between an effective fight against those sworn to do us harm and a respect for the most honored civil liberties that have made us who we are,” he said.

snip

“Even as we usher in a new period of openness and transparency, many national security decisions must by necessity be made in a manner that protects our ability to gather intelligence, investigate threats and execute wars,” Holder said, according to the prepared text of his remarks. “But a need to act behind closed doors does not grant a license to pursue policies, and to take actions, that cannot withstand the disinfecting power of sunlight. In fact, it is in those moments when no one is watching when we must be most vigilant in relying on the rule of law to govern our conduct.”

Please see…

[Holder Affirms Rule of Law, Won’t Say How He’ll Enforce It

Attorney General Address Dodged Key Legal Issues During Speech at West Point

By Daphne Eviatar http://washingtonindependent.c…

….for more.

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  1. Photobucket

    • TomP on April 16, 2009 at 21:23

    everyone is off the hook for these patently illegal acts

    And the Obama adminstration won’t be doing torture.

    Like much with Obama, it’s half a loaf.

  2. … kind of makes the brain explode.

    Not sure if this is a deal (i.e., memos released in exchange for immunity), as Panetta has been talking about this for a while.

    More questions than answers right now.

  3. it makes it more likely the ones that ordered the torture and prepared the memos which justified it are going to be prosecuted. You don’t let the little fish off the hook, except to go for the bigger ones.

    I know that is not going to be the popular view, but it is where I am today.  

  4. If the deal gets the men and women at the top of the Bush administration that ordered the torture, then that, to me, is the important part. Yes, ideally I want to hold the actual torture teams accountable in court, but I’m holding out for Bush, Cheney, Rumsfeld, Rice, Yoo, Addington, Gonzales, Feith, Bybee, Haynes, et al.

    My hope is releasing the documents will help build a louder public outcry and “force” Obama and the DoJ to start investigations.

  5. The crux: Will Holder go after Bush and Cheney for authorizing the illegal actions of the CIA? That, to me, is the logical implication.

    Yes… as I just said in TomP’s essay. Only …different. lol.

    • Arctor on April 16, 2009 at 21:37

    issuance of the OLC memos?

    • quince on April 16, 2009 at 21:44

    Obama lost my 2012 vote today. I will never forgive this. Never.  

  6. (h/t mcjoan) Memos posted by the ACLU here:  The Bush Administration’s Secret Legal Memos

  7. Statement 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. . . . .

    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. (emphasis mine)

    Sorry, buhdy, but there is nothing in Obama’s statements that indicate any kind of justice seeking at all!  

    But, it does definitely appear that there was a compromise of sorts between the CIA and the DoJ, and Obama.

  8. any thread…lol.

    msnbc Pete Williams was just talking… says Human RIghts groups are criticizing and also Leahy (and other voices in the Senate) are making noise, saying, with all this ambiguity crap, ALL THE MORE reason to call for investigations.

    The counter pressure is gonna really need to pick up speed.

  9. interesting. Which one will Turley be on?  

    Ill toss up an Open Thread Watch Party if anyone wants to come… 🙂

    • geomoo on April 17, 2009 at 03:15

    I’ve been wanting to write a diary recalling a time when most people operated from a deep intuitive understanding that torture is deeply offensive to our fundamental selves.  I assume there was such clarity at the end of WWII, and I hoped to find some very clear statements.  In my brief search, however, the assumption was so strong that objections that were not made explicit.  And also that was a time when such unpleasantness was avoided.  Can anyone suggest an author, document, or publication I might look to to find the common wisdom about torture in the late 1940’s stated explicitly?

    • robodd on April 17, 2009 at 04:11

    of overturning the rule that defying an illegal order is not only permissible, it is mandatory?

    Obama’s immunity does just this.

  10. Jeebus H Crispy, the US has become a B-movie cliche. How embarrassing.

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