Tag: Holder

Progressive Democrats of America board member David Swanson and Yellow Dog Democrat and Chair of The National Congress of Black Women Dr. Fay Williams, who worked for two years to help get Obama elected, talk to Real News CEO Paul Jay about prosecuting George Bush and Dick Cheney for war crimes, and about how Obama is pretty much backed into a corner now and will have a very difficult time avoiding doing so.

Real News: January 27, 2009 – 10 min 51 sec

Should Obama prosecute Bush and Cheney

Pt.1

Swanson: Reversing the policies does not provide a deterrent

Dr. Fay Williams: “People have to make him do it“.

On Thursday January 22, 2009 President Barack Obama issued one of the first Executive Orders of his presidency, ordering the establishment of a Special Interagency Task Force to be composed of the Attorney General and the Secretary of Defense as co-chairs, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Chairman of the Joint Chiefs of Staff, and other federal employees as determined by the co-chairs.

The Task Force will…

…develop policies for the detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations that are consistent with the national security and foreign policy interests of the United States and the interests of justice, I hereby order as follows:

  Section 1. Special Interagency Task Force on Detainee Disposition.

  (a) Establishment of Special Interagency Task Force. There shall be established a Special Task Force on Detainee Disposition (Special Task Force) to identify lawful options for the disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.

[snip]

(e) Mission. The mission of the Special Task Force shall be to conduct a comprehensive review of the lawful options available to the Federal Government with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations, and to identify such options as are consistent with the national security and foreign policy interests of the United States and the interests of justice.

Both Attorney General Eric Holder, and Obama in another Executive Order on January 22, 2009, have indicated that the Army Field Manual, which as Valtin explains and Patriot Daily has also written so well about, codifies coercive psychological torture under the name of “Restricted Interrogation Technique – Separation” in Appendix M.  will be the Obama administrations baseline guide for detainee interrogation policies, taking us back to pre-Bush days on the question of torture but in no way ending the practice.

This morning Michael Ratner, President of the Center for Constitutional Rights, talks with The Real News, comments on Obama’s executive orders, loopholes, and says Obama must still take up the prosecution of Bush/Cheney for war crimes, specifically torture of detainees…

Hat tip to Armando this morning, for: AP: Obama Team Debating Violating UN Convention On Torture

The other day, the AP reported:

President-elect Barack Obama is preparing to prohibit the use of waterboarding and other harsh interrogation techniques by ordering the CIA to follow military rules for questioning prisoners, according to two U.S. officials familiar with drafts of the plans. Still under debate is whether to allow exceptions in extraordinary cases.

. . . Obama’s changes may not be absolute. His advisers are considering adding a classified loophole to the rules that could allow the CIA to use some interrogation methods not specifically authorized by the Pentagon, the officials said. They said the intent is not to use that as an opening for possible use of waterboarding, an interrogation technique that simulates drowning.

As Glenn Greenwald points out, such a “loophole” would constitute a violation of the UN Convention on Torture, codified as a crime under US law:

We all know by now, or we should know by now, that Obama has no problem endlessly torturing people who put him where he is with talk of torture loopholes.

The question is are the loopholes he’s talking about big enough to allow even more bush era torture fanatics like Brennan in, to enable Obama to co-opt far right GOP senators and reps?

This is all about gaining “bipartisan” support, and power. Nothing else.

There is virtually no sunlight between the two when it comes to amassing and retaining power, and when it comes right down to it any suggestion that presidential power be limited appears to justify “exceptions in extraordinary cases”, in Obama’s world.

Barack Obama appears to have the same problem (or fantasy, depending on your POV) that George Bush had,  a problem described by Phillip Carter and Dahlia Lithwick at Slate back in October 2007 in

All Wet: Why can’t we renounce waterboarding once and for all?…  

Here are the rules.

The other day George Will, of all people, was comparing Obama refusing to prosecute Bush and Cheney to Ford pardoning Nixon.

If a far right crazed wingnut can get it right, why can’t the rest of us?

This comparison is one that we can use to good effect, but only if we do it continuously and loudly.

A friend of mine a couple of days ago, a nearly unquestioning Obama supporter, said to me, and I quote:

No argument from me.  Ford should have been stood against the wall and shot for that pardon.  Nixon cooling his heels in the clink for a few years would have prevented this mess, no doubt.

Ford’s pardon of Nixon was the beginning of the end of any hope Ford had of being politically effective, and absolutely killed his future chances for reelection.

So let’s see… if Obama doesn’t want a political blood bath that might define his first term as him being a bush enabler and a torture excuser and might drown him, then he’ll tell Holder to appoint a Special Prosecutor, and answer Fertik’s question directly himself, instead of hiding behind excuses and Joe Biden, since according to Biden it is not the job of the president or the vice president, but of the Justice department.