From a commenter at reddit, on the subject of Associate Attorney General David Margolis, with Holder's approval, reducing the conclusion of the DOJ's Office of Professional Responsibility report on Yoo and Bybee's Torture Memos to Bush to say that they showed only "poor judgment":
If Obama's 'Justice Department' had conducted the Nuremberg War Crimes Trials, all of the Nazis would have gone free - 'Merely Poor Judgement, the Holocaust was just a policy mistake'!
There is a road, no simple highway,
Between the dawn and the dark of night,
And if you go no one may follow,
That path is for your steps alone...
Just in case you had any cancerous unpatriotic anti democratic poisonous lingering doubts about Holder and Obama's honesty and integrity and willingness to buck the tide of public opinion and be rule of LAW kind of guys instead of your standard disingenuous political calculators, here's just what you need to get your head straightened out and get yourself back into GoBama mode again.
The Supreme Court has thrown out an appeals court ruling ordering the disclosure of photographs of detainees being abused by their U.S. captors.
In doing so Monday, the high court cited a recent change in federal law that allows the pictures to be withheld.
The justices issued a brief, and expected, order Monday directing the 2nd U.S. Circuit Court of Appeals in New York to take another look at a lawsuit filed by the American Civil Liberties Union to obtain the photos of detainee abuse. President Barack Obama at first didn't oppose the release, but he changed his mind, saying they could whip up anti-American sentiment overseas and endanger U.S. troops.
The administration appealed the matter to the Supreme Court, but also worked with Congress to give Defense Secretary Robert Gates the power to keep from the public all pictures of foreign detainees being abused.
Gates invoked his new authority in mid-November, saying widespread distribution of the pictures would endanger American soldiers.
The ACLU has said it will continue fighting for the photos' release.
Justice Sonia Sotomayor, who served on the 2nd Circuit until August, did not take part in the court's consideration of the case, Department of Defense v. ACLU, 09-160.
That would be the SC top heavy with Bush appointees, btw. Like Sonia (it wasn't me) Sotomayor (I didn't do it and you shouldn't think about it). Rah. Rah.
Besides that, this follows on the heels of, back in October, the Obama White House "ordering" Congress to amend the FOIA to give SecDef Gates the authority to withhold "protected documents", so we can clearly see from all of these actions that we have all badly misjudged Obama and that he really is intent, nay, determined at all costs, to uphold and follow the rule of law, even if he has to do Congress's job and make the law he intends to follow.
federal judge yesterday sharply questioned an assertion by the Obama administration that former Vice President Richard B. Cheney's statements to a special prosecutor about the Valerie Plame case must be kept secret, partly so they do not become fodder for Cheney's political enemies or late-night commentary on "The Daily Show."
Ugh. But it gets even better.
But career civil division lawyer Jeffrey M. Smith, responding to Sullivan's questions, said Bradbury's arguments against the disclosure were supported by the department's current leadership. He told the judge that if Cheney's remarks were published, then a future vice president asked to provide candid information during a criminal probe might refuse to do so out of concern "that it's going to get on 'The Daily Show' " or somehow be used as a political weapon.
snip
Fitzgerald, in a 2008 letter to Rep. Henry A. Waxman (D-Calif.) cited by CREW, drew a distinction between interviews that he conducted under standard investigative secrecy rules and the meetings he held with Bush and Cheney. Fitzgerald said "there were no 'agreements, conditions, and understandings between the Office of Special Counsel or the Federal Bureau of Investigation' and either the President or Vice President 'regarding the conduct and use of the interview or interviews.' "
So the Change You Can Believe In administration is arguing, with an apparent straight face that this isn't a cover up of treason by Richard Bruce Cheney, that's a 1st amendment issue. Let me calm down and try to suss this out.
The claim made originally by war criminal Bradbury, that the Vice President may not participate in a criminal probe in which he is himself the prime suspect, because Jon Stewart might make fun of him. Not because he may incriminate himself. And we can't know about this, not because it might provide proof that Cheney is a criminal, but because in the future, when a Vice President breaks the law, he may, out of a fear of embarrassment, not cooperate with criminal investigations against him.
Yesterday was a very dark day. Most who know me know how hard and unmercifully I slammed Obama and Holder, but Obama especially since he is Holders superior, for their excusing and shielding of CIA torturers from prosecution based on nothing more than the universally repudiated Nuremburg defense of "just following orders". Many may even think that I was and am being too inflexible in my criticisms and direct comparison of Obama to Bush over this matter with my opinion that he is also shielding Bush and Cheney with his actions.
Protecting and shielding war criminals.
That remains my opinion, and will remain my opinion unless and until a Special Prosecutor is appointed and George Bush and Dick Cheney are sitting in a prisoners dock charged with war crimes for which there is more than ample evidence, above and beyond their own public confessions and gloating, that they committed.
To be honest I really don't care whether the CIA Interrogators are ever prosecuted. They will have to live with what they did, and they will probably be shunned for the rest of their lives by anyone with any remnants of humanity left in their souls.
It is one thing to shield the followers of orders. It is an entirely different thing to shield and protect the issuers of those orders. To do so is to be complicit in the crimes and no better and in fact worse than the perpetrators, in my opinion.
But to give Obama some small credit where due, he and Holder did leave themselves an opening, and in fact not only left an opening but created that opening with their actions yesterday. We can even speculate that perhaps did what they did yesterday they did in an attempt to create enough public anger and drum up enough public support to make it politically possible to prosecute Bush and Cheney.
If, and it's a very big if that still appears very doubtful, If Obama and Holder did what they did yesterday as setup for future prosecutions of Bush and Cheney then they will earn a little of my respect back.
In the United States, what Obama did yesterday is simply not done. American Presidents do not disseminate to the world documents which narrate in vivid, elaborate detail the dirty, illegal deeds done by the CIA, especially not when the actions are very recent, were approved and ordered by the President of the United States, and the CIA is aggressively demanding that the documents remain concealed and claiming that their release will harm national security. When is the last time a President did that?
WASHINGTON (AP) -- The Obama administration will not prosecute CIA officers who participated in harsh interrogations that critics say crossed the line into torture, CIA Director-nominee Leon Panetta said Friday.
Asked by The Associated Press if that was official policy, Panetta said, "That is the case."
It was the clearest statement yet on what Panetta and other Democratic officials had only strongly suggested: CIA officers who acted on legal orders from the Bush administration would not be held responsible for those policies. On Thursday, he told senators that the Obama administration had no intention of seeking prosecutions for that reason.
Panetta, in an interview with the AP after a second day of confirmation hearings with the Senate Intelligence Committee, said that he arrived at that conclusion even before he began meeting with CIA officials.
"It was my opinion we just can't operate if people feel even if they are following the legal opinions of the Justice Department" they could be in danger of prosecution, he said.
Panetta demurred on saying whether the Obama administration would take legal action against those who authorized or wrote the legal opinions that, for a time, set an extremely high legal bar for an action to constitute torture.
Formal Petition to Attorney General Eric Holder to appoint a Special Prosecutor to investigate and prosecute any and all government officials who have participated in War Crimes.
Add your signature to it today, if you haven't yet.
You may find VP Joe Biden's remarks interesting here....
"Welcome back to the Justice Department. As we gather here to day it's worth remembering the mission statement that guides this great department."
"To enforce the law and defend the interest of the United States according to the law. To ensure public safety against threats foreign and domestic. To provide federal leadership in preventing and controlling crime. To seek just punishment for those guilt of unlawful behavior, and to ensure fair and impartial administration of justice for all Americans."
"There's no mention in that mission statement of politics. There's no mention in that mission statement of ideology. And that's how it should be, because there is no place for politics or ideology in this building."
"With the appointment of Eric Holder as Attorney General, we're going to be returning to a standard that has governed this great department at it's greatest moments in my view. No politics. No ideology."
This is a merging of two prior essays about Eric Holder
Eric Holder, Jr. Photo: George Washington University
Barack Obama announced on December 1, 2008 his nomination of Eric H. Holder, Jr. to serve as Attorney General, to take over the running of The Department of Justice in Obama's new administration from Bush appointee Michael Mukasey.
Eric Holder knows what Republican Senators Barrasso, Brownback, Burr, Coburn, Cochran, Cornyn, Crapo, Ensign, Kaybee, Hutchison, Inhofe, Johanns, McConnell, Risch, Shelby, Thune and Wicker, who voted against his confirmation by the Senate Monday, February 02, 2008, also know.
Eric Holder knows that Bush and Cheney deserve fair trials. Fair trials in courts of law, not crucifixion by media and bloggers.
One would hope that Mr. Holder will make a better and more honest Attorney General who will uphold the law than Michael Mukasey was, who like all representatives of Mr. Bush have done, has during his tenure waffled, spun, twisted in the wind, squirmed, sweated, excused, equivocated, and otherwise bullshitted America and the world as George Bush's acolyte under hot lights and pointed interrogations from Congress over evidence of torture ordered at the highest levels of the Bush administration, the president and vice president, that the least informed people in the world all know is well defined, immoral, and illegal under international law, US law, and international treaties. (see addendum)
Who is Eric Holder? What are his views and philosophy on the questions of torture, war crimes, secret prisons hidden away from the rule of law, and Bush's "war on terror"?
What can we expect his reactions to be to the petition for a Special Prosecutor? We have only his own words and background to look to for clues.
The United States Senate has confirmed Eric Holder, President Obama's nominee for attorney general, by a vote of 75-21, making him the first African-American to hold the office.
His Republican opponents in the Senate said they felt Holder is hostile to the rights of gun owners and questioned his support of President Bush's terror war.
Reportedly, among the no votes were Senators Barrasso, Brownback, Burr, Coburn, Cochran, Cornyn, Crapo, Ensign, Kaybee, Hutchison, Inhofe, Johanns, McConnell, Risch, Shelby, Thune and Wicker.
During the confirmation hearing, Sen. Patrick Leahy (D-VT) scolded Sen. John Cornyn (R-TX) after several Republicans demanded Holder pledge he would not prosecute US interrogators who followed the Bush administration's orders to torture prisoners.
"No one should be seeking to trade a vote for such a pledge," said the Vermont Democrat.
"When Cornyn rose to announce his vote against Holder, he did not make such a demand," reports the AP. "However, he accused the nominee of changing his once-supportive position - on the need to detain terrorism suspects without all the rights of the Geneva Convention - to one of harshly criticizing Bush administration's counterterrorism policies."
During the hearing, Holder stated directly, "Waterboarding is torture."
Now that he has been confirmed, it is within his authority to reverse President Bush's order granting his former advisers blanket immunity against testimony before Congress. Three of President Bush's close advisers -- Karl Rove, Harriet Miers and Josh Bolton -- are facing congressional contempt citations.
"The confirmation of Eric Holder as our new Attorney General is a momentous day for the rule of law," said Sen. Russ Feingold (D-WI). "During his confirmation hearings, Eric Holder clearly and unequivocally stated that no one, including the president, is above the law. Those were welcome words after eight years of Bush Administration policies that undermined our Constitution and damaged the integrity of the Department of Justice."
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.
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...
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?...
And in the naked light I saw
Ten thousand people, maybe more.
People talking without speaking,
People hearing without listening,
People writing songs that voices never share
And no one dared
Disturb the sound of silence.
Fools said I, you do not know
Silence like a cancer grows. Hear my words that I might teach you,
Take my arms that I might reach you.
But my words like silent raindrops fell,
And echoed
In the wells of silence
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.
Reform Immigration -
March on Washington
That would be the SC top heavy with Bush appointees, btw. Like Sonia (it wasn't me) Sotomayor (I didn't do it and you shouldn't think about it). Rah. Rah.
The United States Senate has confirmed Eric Holder, President Obama's nominee for attorney general, by a vote of 75-21, making him the first African-American to hold the office.
