November 26, 2008
THE DEBATE ON COMMISSIONS.... In his must-read cover story in the new issue of the Washington Monthly, editor Charles Homans argues that relying on commissions instead of subpoenas may produce more answers on what the Bush administration has been up to. Responding indirectly, Jack Goldsmith, a former assistant attorney general in the Justice Department's Office of Legal Counsel under Bush, argues that neither commissions nor subpoenas are a good idea.
It reminds us that Homans' piece is the subject of a discussion at the TPM Cafe this week. Scott Horton had a very good item on the article, and sides with Homans on the commissions.
Charles Homans' article in the current Washington Monthly is a must-read for those who will be returning to Washington in January. He has catalogued what Donald Rumsfeld would call the "known unknowns" -- the areas where we know something went on that the Bush Administration has struggled to keep in the dark. As he notes, we come to almost identical conclusions after approaching the question from different perspectives. The next step should be to fill in the gaps from the historical narrative. Who did what, when and how. We need to establish the facts and we need to force the publication of the key documents which are still being withheld. That's our right as a democracy.
I believe that the commission approach is the way to go forward. I don't deny that Congressional hearings could make some headway. However, I am not persuaded that the Congressional committees have the stamina, the concentration and the expertise to do what is necessary. Over the last year I attended all but two of the hearings the House Judiciary Committee arranged to dig into the torture issue. Bush Administration witnesses used every evasive maneuver known to a wily lawyer to avoid answering the questions raised. And the members did not for the most part know how to ask questions. When a completely dismissive or evasive answer came, they went on to the next question. Questioning needs to be done by a professional interrogator who is focused on building a complete record, not playing to the cameras and the audience in the constituency back home.
Under President Bush, the Constitution took a shellacking. We had the most devious, secretive government in our nation's history. In the end, it was at war with the rule of law itself. But this isn't the time to be talking about indictments and prosecutions, though that may come in the fullness of time. Now is the time to force those dark secrets from the recesses in which they've been hidden and insure that the public fully understands what was done by the most incompetent, corrupt and lawless government we've ever had. Charting those dealings is the first step. Correcting them is the second.
—Steve Benen 11:50 AM
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Just to be clear, the debate isn't "commissions vs. subpoenas" -- any commission would have to have subpoena power, or it would be worthless.
Posted by: Glenn on November 26, 2008 at 11:56 AM | PERMALINK
By the way, Scott Horton's cover story in this month's Harpers is excellent and a more fulsome presentation than his TPMCafe post.
Posted by: Glenn on November 26, 2008 at 11:57 AM | PERMALINK
Congressional hearings would be a joke...a total waste of time. Let's get serious interrogators and go forward with commissions that have teeth to them. I do hope this happens - there has to be accountability if only to restore our trust in government again (that's a very tall order!).
Posted by: whichwitch on November 26, 2008 at 12:10 PM | PERMALINK
When a completely dismissive or evasive answer came, they went on to the next question. Questioning needs to be done by a professional interrogator who is focused on building a complete record, not playing to the cameras and the audience in the constituency back home.
And, of course, the ridiculous time limits so that the witness is can run out the clock. House/Senate committee members need to put aside their egos (ha!) and return to the days of Watergate when staff council did the bulk of the questioning in a professional and in depth manner. Any committee set up to delve into the horrors of the Bush admin has to operate this way to uncover the gore. That and subpoena power with enforcement.
Posted by: martin on November 26, 2008 at 12:11 PM | PERMALINK
Moving Waxman to Energy and leaving Lieberman in Homeland Sec and Gov Affairs pretty much tells you that these investigations are not a prioirty in Congress.
Posted by: Danp on November 26, 2008 at 12:16 PM | PERMALINK
There are so many lingering questions surrounding the Bush administration, about things ranigng from gossip to possible crimes, that I fear we'll never know:
* Who let Jeff Gannon into the White House press pool?
* Who orchestrated the campaign to smear Valerie Plame and Joe Wilson?
* What exactly was Bush wearing under his suit coat at the debate?
* Was Bush really drinking when he claimed to have choked on a pretzel?
Posted by: Tom Nawrocki on November 26, 2008 at 12:28 PM | PERMALINK
Questioning needs to be done by a professional interrogator [...] -- Scott Horton
In Gitmo, by preference. That way, we wouldn't have to worry about the possibility of the future prosecutions not resulting in a suitable punishment.
Posted by: exlibra on November 26, 2008 at 12:50 PM | PERMALINK
Let's get serious interrogators ...
Aaaah yes. What's a little waterboarding among friends? Those will be good times.
Posted by: Ole on November 26, 2008 at 1:03 PM | PERMALINK
It seems to me that the argument against Congressional investigations is flawed on two counts:
First, it fails to take into account that the incoming DoJ would be much, much more responsive to prosecuting witnesses such as Meyers, Gonzalez, et al. It certainly couldn't be any less responsive. If the witnesses don't know that they won't be prosecuted, some very interesting things may come out.
Secondly, it is the duty of Congress, not some ill-defined commission, to investigate these matters. I realize that there are many things on the in-coming Congress' plate, but the refusal to initiate investigations because "we are too busy", shouldn't be allowed as an excuse.
The failure of Congress to fully investigate the Bush Administration will simply confirm many citizen's views that politicians, both Democrats and Republicans, don't think that they are subject to the same laws as everyone else. Congress needs to be seen actively proceeding against lawbreakers, no matter how hard the pundits whine about "partisanship". There is nothing partisan about enforcing the law.
That would truly be "Change We Can Believe In".
Posted by: Doug on November 26, 2008 at 5:34 PM | PERMALINK
The Dems acquiesced in all illegal activities. There was a time to speak out and show outrage, but the time is passed. Arlen Specter and John McCain wet their fingers to test how the wind was blowing, and discovered the sheeple were happier than not with Bush's innovative approach to the Constitution.
So a one-hand-washes-the-other type of commission would merely seem lame and mildly vindictive.
Posted by: Luther on November 27, 2008 at 2:34 AM | PERMALINK