Editore"s Note
Tilting at Windmills

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August 9, 2009

HOLDER STILL EYEING INVESTIGATION.... About a month ago, Newsweek reported that Attorney General Eric Holder is "leaning toward appointing a prosecutor to investigate the Bush administration's brutal interrogation practices," despite the president's reluctance. An announcement, the article noted, "could come in a matter of weeks."

How's that coming along? We're apparently getting closer to the appointment of a criminal prosecutor.

U.S. Atty. Gen. Eric H. Holder Jr. is poised to appoint a criminal prosecutor to investigate alleged CIA abuses committed during the interrogation of terrorism suspects, current and former U.S. government officials said.

A senior Justice Department official said that Holder envisioned an inquiry that would be narrow in scope, focusing on "whether people went beyond the techniques that were authorized" in Bush administration memos that liberally interpreted anti-torture laws.

That would, indeed, be a "narrow" probe, which would almost certainly exclude those who wrote and followed the Bush administration's torture memos. Interrogators who worked within the "four corners" of the torture memos would face no scrutiny; those who worked outside of the memos -- there are reports, for example, of an interrogator pointing a gun at a detainee during an interrogation -- would have some explaining to do.

Under the circumstances, there's quite a bit of skepticism about the efficacy of the investigation.

Such a prosecutor would examine cases that are generally at least five years old, and probably some that were previously reviewed by career prosecutors who concluded that they could not be pursued.

"I don't blame them for wanting to look into it," said a former high-ranking Justice Department official familiar with the details of the program. "But if they appoint a special prosecutor, it would ultimately be unsuccessful, and it would go on forever and cause enormous collateral damage on the way to getting that unsuccessful result." [...]

"An investigation that focuses only on low-ranking operators would be, I think, worse than doing nothing at all," said Tom Malinowski, Washington advocacy director for Human Rights Watch.

Holder has reportedly asked his staff to assemble a short list of prosecutors for this investigation. Expect some kind of announcement soon.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (12)

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Comments

It is a continuing disappointment that the Obama administration has not placed greater priority on protecting the Constitution and upholding the laws of our country.

Anything less than full investigations, and prosecution as warranted, of the criminalities of the Bush administration will continue to disappoint. Any half-assed, limited, restrained investigations will be more coverup than truth seeking.

Illegal wiretapping, torture, 'disappearances', and the subversion of the DOJ are only a few of the many areas in which real investigations should be occuring.

For real change - Feingold/Sanders in 2012!

Posted by: SadOldVet on August 9, 2009 at 8:19 AM | PERMALINK

Nothing to see here, folks, business as usual. Scooter will spend some time working on his backhand, and Cheyney will continue working on the Death Star. . .

Of more interest, to me at least, is Eric Prince/XE (formerly known as Blackwater- I wonder did 'Prince' do that name change tongue in cheek?)

Apparently he and his minions launched a REAL crusade, with the intent of wiping out Islam in the name of Christianity.

I wonder if the MSM will cover the trial. . .

Posted by: DAY on August 9, 2009 at 8:28 AM | PERMALINK

Meanwhile the many unanswered questions surrounding the Clinton presidency remain uninvestigated.

Posted by: Al on August 9, 2009 at 8:36 AM | PERMALINK

I agree with Al: the "vast right wing conspiracy" of Clinton's presidency should be be brought into any criminal investigation.

Posted by: Bob M on August 9, 2009 at 8:49 AM | PERMALINK

Tongue in cheek because of the etymology of xenos ?

Wot ! Do you want to shoooot another melon to discover if the murder of Vince Foster was a suicide ?
Wot a troooper , keep it up Mr Scaife !

Posted by: FRP on August 9, 2009 at 8:52 AM | PERMALINK

When journalists take sides they step over the line. Their job is to report opposing views and let the people decide the truth. Nothing more, nothing less.

Posted by: Al on August 9, 2009 at 9:03 AM | PERMALINK

They are not required to pay attention to specious , unsupportable , ludicrous mouthings by the insane , are they ?
Just asking sweetie . You seem to be intentionally cute , and unable to advance anything more recent than the discredited assault on decency by the right wing christian cultists and their coroporate sponsors .

Posted by: FRP on August 9, 2009 at 9:40 AM | PERMALINK

Worse than doing nothing sums it up. Only prosecuting people for violating the fake laws reaffirms that the law has expanded to include things that violate the Geneva Conventions. The whole gang needs to be held to the proper standard and Holder clearly isn't going to do it.

Posted by: Shalimar on August 9, 2009 at 9:45 AM | PERMALINK

This is a big steaming pile of bullshit. Glenn Greenwald and I have already gone over why this idea could cause worse damage than doing nothing, and I don't have the heart to do it again.

The lesson for future administrations will be that you can torture all that you fucking want as long as you get a lawyer to write a memo first. Of course the Japanese and the Germans did that, and we still convicted their torturing asses. I guess that you don't get a good faith provision if you torture Americans. Except Muslim Americans like Jose Padilla, whom you can apparently torture all you want.

This must be what disillusionment feels like.

Posted by: Tim F. on August 9, 2009 at 11:30 AM | PERMALINK

Why the emphasis on the "narrow" aspect of the probe?

So some former high ranking justice official says that this is a nowhere case that will end in an unsuccessful prosecution. Don't these no name motherfuckers always say the same thing, i.e don't even try because it won't work?

Somebody is going down because they tortured people and on this Sunday morning, that is good enough for me.

Posted by: tsquared on August 9, 2009 at 12:01 PM | PERMALINK

What a joke. Face it, our hypocrisy reigns clear for the entire world to see. The "rule of law" is just an expression used by the wealthy and powerful to hold the governed in place but in no way does it apply to our representatives.

Presidents can murder and have anyone tortured without fear of consequence or accountability. How does our gov expect the people to trust it when it betrays all trust given to it?

The children of the poor are doomed and more and more Americans are becoming poor daily.

Posted by: bjobotts on August 9, 2009 at 2:58 PM | PERMALINK

Great, bring it on Holder- you partisan toady.

Obama really kicked an ant hill with his ill-advised and politically motivated release of Bush Administration memos regarding EITs. Surely he regrets it, but hell just double-down with an investigation of the CIA now.

But Obama, Pelosi, and Holder seem to have forgot something: the CIA KILLS people its in their job description- Did these twits really think that such killers were going to just meekly take-one-for-the-team when the team captain is a lying, incompetent, arrogant nebbish who has basically told them they need to kiss his ring? -please

Lets have a hearing and get it all out there, shall we? Then just watch the rats scatter who in 2006-07 attacked George W Bush for protecting the country from terrorist attack but who clearly knew what was going on five years before we heard a peep out of them-

Posted by: Reaganite Republican on August 9, 2009 at 3:44 PM | PERMALINK
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