(6 pm. – promoted by ek hornbeck)
Daniel Klaidman at Newsweek has a somewhat tantalizing article up just a little while ago today that may indicate a little hope for war crimes prosecution is not unreasonable…
By Daniel Klaidman | NEWSWEEK
Published Jul 11, 2009
Obama doesn’t want to look back, but Attorney General Eric Holder may probe Bush-era torture anyway.
Alone among cabinet officers, attorneys general are partisan appointees expected to rise above partisanship. All struggle to find a happy medium between loyalty and independence. Few succeed. At one extreme looms Alberto Gonzales, who allowed the Justice Department to be run like Tammany Hall. At the other is Janet Reno, whose righteousness and folksy eccentricities marginalized her within the Clinton administration. Lean too far one way and you corrupt the office, too far the other way and you render yourself impotent. Mindful of history, Holder is trying to get the balance right. “You have the responsibility of enforcing the nation’s laws, and you have to be seen as neutral, detached, and nonpartisan in that effort,” Holder says. “But the reality of being A.G. is that I’m also part of the president’s team. I want the president to succeed; I campaigned for him. I share his world view and values.”
These are not just the philosophical musings of a new attorney general. Holder, 58, may be on the verge of asserting his independence in a profound way. Four knowledgeable sources tell NEWSWEEK that he is now leaning toward appointing a prosecutor to investigate the Bush administration’s brutal interrogation practices, something the president has been reluctant to do. While no final decision has been made, an announcement could come in a matter of weeks, say these sources, who decline to be identified discussing a sensitive law-enforcement matter. Such a decision would roil the country, would likely plunge Washington into a new round of partisan warfare, and could even imperil Obama’s domestic priorities, including health care and energy reform. Holder knows all this, and he has been wrestling with the question for months. “I hope that whatever decision I make would not have a negative impact on the president’s agenda,” he says. “But that can’t be a part of my decision.”
Any White House tests an attorney general’s strength. But one run by Rahm Emanuel requires a particular brand of fortitude. A legendary enforcer of presidential will, Emanuel relentlessly tries to anticipate political threats that could harm his boss. He hates surprises. That makes the Justice Department, with its independent mandate, an inherently nervous-making place for Emanuel. During the first Clinton administration, he was famous for blitzing Justice officials with phone calls, obsessively trying to gather intelligence, plant policy ideas, and generally keep tabs on the department.
One of his main interlocutors back then was Holder. With Reno marginalized by the Clintonites, Holder, then serving as deputy attorney general, became the White House’s main channel to Justice. A mutual respect developed between the two men, and an affection endures to this day. (Malone, a well-regarded ob-gyn, delivered one of Emanuel’s kids.) “Rahm’s style is often misunderstood,” says Holder. “He brings a rigor and a discipline that is a net plus to this administration.” For his part, Emanuel calls Holder a “strong, independent attorney general.” But Emanuel’s agitated presence hangs over the building-“the wrath of Rahm,” one Justice lawyer calls it-and he is clearly on the minds of Holder and his aides as they weigh whether to launch a probe into the Bush administration’s interrogation policies.
Holder began to review those policies in April. As he pored over reports and listened to briefings, he became increasingly troubled. There were startling indications that some interrogators had gone far beyond what had been authorized in the legal opinions issued by the Justice Department, which were themselves controversial. He told one intimate that what he saw “turned my stomach.”
It was soon clear to Holder that he might have to launch an investigation to determine whether crimes were committed under the Bush administration and prosecutions warranted. The obstacles were obvious. For a new administration to reach back and investigate its predecessor is rare, if not unprecedented. After having been deeply involved in the decision to authorize Ken Starr to investigate Bill Clinton’s affair with Monica Lewinsky, Holder well knew how politicized things could get. He worried about the impact on the CIA, whose operatives would be at the center of any probe. And he could clearly read the signals coming out of the White House. President Obama had already deflected the left wing of his party and human-rights organizations by saying, “We should be looking forward and not backwards” when it came to Bush-era abuses.
Still, Holder couldn’t shake what he had learned in reports about the treatment of prisoners at the CIA’s “black sites.” If the public knew the details, he and his aides figured, there would be a groundswell of support for an independent probe. He raised with his staff the possibility of appointing a prosecutor. According to three sources familiar with the process, they discussed several potential choices and the criteria for such a sensitive investigation. Holder was looking for someone with “gravitas and grit,” according to one of these sources, all of whom declined to be named. At one point, an aide joked that Holder might need to clone Patrick Fitzgerald, the hard-charging, independent-minded U.S. attorney who had prosecuted Scooter Libby in the Plamegate affair. In the end, Holder asked for a list of 10 candidates, five from within the Justice Department and five from outside.
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