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Obama's Justice: Reconciliation, Not Retribution

by: Cynthia Boaz, t r u t h o u t | Perspective

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President Barack Obama. (Photo: Gerald Herbert / AP)

    In the wake of Sen. Patrick Leahy's (somewhat) surprising and determined call for a Truth Commission to investigate the abuses of the Bush-Cheney administration, the Obama administration has been - to many progressives and those on the left of center - disturbingly silent. It's safe to say that the president's less-than-forceful position on the issue has been a source of intense criticism and skepticism from the left about the president's sincerity regarding his claims to promote a new era of transparency and accountability in American politics.

    These concerns reflect a fundamental misunderstanding of the president's perspective as well as his role. A Truth Commission is a serious matter. In societies overcoming severe oppression or wrongdoing, Truth (or Truth and Reconciliation) Commissions can serve a critical role in healing the wounds wrought by the injustices and can promote much-needed trust, goodwill and reconciliation between the various parties. Peru, South Africa, Morocco and East Timor are just a few of the places where TRCs have helped their societies heal and have facilitated reform by acknowledging past wrongs and ensuring that the horrors of history will not be repeated.

    Night after night, on radio talk shows, disgruntled, self-identified progressives call in to inform the host and her audience that we (the American people) can - in fact - "walk and chew gum at the same time" (a response to the argument on the part of some Obama defenders that now - in the midst of the worst economic crisis in decades - is simply not the right time to focus our energies on a task of this magnitude - that such an effort would be an irresponsible distraction). Those folks, many of whom, frankly, invoke images of villagers wielding torches and pitchforks, are sadly missing the point.

    For starters, the Obama administration has taken as its primary goal the mission of reconciliation, not retribution. Although his efforts have been thus far frustrated by a small but dogmatic segment of the Republican Party, Obama is, in the truest sense, a unifier. It is simply not the style - politically or personally - of this president to seek the same sort of "justice" desired by the pitchfork-wielding villagers. In the mind of this president (I imagine, anyway) emphasis on punishing wrongdoers runs the risk - especially in this very politically contentious climate - of only promoting divisions and inflaming precisely the wrong emotions necessary for a culture of healing - namely, anger, hostility and the desire for vengeance. To wit: one caller to a progressive radio show stated (apparently oblivious to the irony) that "Bush should be publicly shamed." Surely this person - and others like him - do not seriously believe that the appropriate response to the culture of impunity we've been subject to for the past eight years is the subsequent creation of a culture of retribution.

    This is not to say that the president does not hold a high regard for the rule of law, or that Bush and the others should not be held accountable for their misdeeds - which in some cases, appear to rise to the level of crimes against humanity. To the contrary - and this brings me to my second point - the rule of law can only truly be applied in an environment that is as independent from political motive as possible. If Obama were to come out openly advocating the seeking of legal retribution for the crimes of Bush, Cheney, Rumsfeld and the others, it could not but be regarded (accurately, in my view) as a political maneuver. Such an event would degrade the president's legitimacy by rendering his tactics no better than those of the people he would seek to prosecute. While the president certainly can (and should) not hinder the prosecution of his predecessor and his administration should another state (who can use the ICC) or entity (such as an organized group wishing to file a class-action suit against the previous administration for harm to the group as a whole - e.g. taxpayers organization, veterans groups, etc.), it is not the job of the president himself to seek such "justice." Directly punishing their predecessors is something done by tyrants in authoritarian regimes, not by legitimate, democratic leaders in an open society. This is why it was the widely revered cleric Desmond Tutu, rather than the newly elected President Nelson Mandela, who led South Africa's own Truth and Reconciliation Commission at the conclusion of Apartheid in that country.

    As Americans and democratic citizens, we have an obligation to acknowledge the truth about our recent shared past and its present consequences. But this can only legitimately be done by those whose job it is to hold leaders accountable in a democratic society - the people. And it can only justly be motivated by a genuine desire to adhere to the rule of law, not by a desire to seek political retaliation. Otherwise, our collective hope for evolution beyond the stains of our recent past is nothing more than a facade for our complicity in politics as usual.

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    Cynthia Boaz is assistant professor of political science at Sonoma State University, where she specializes in political development, quality of democracy and nonviolent struggle.

  

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Comments

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Each day that passes makes

Each day that passes makes it more and more difficult to enact justice. I'm no pitchfork wielding villager. I understand the points made in the article. But if not now, when? How, exactly, are the people supposed to do anything about getting to the truth and making sure that the criminals are punished? As bad as he was, Bush and his administration could only do a finite amount of damage to our law, governance, and integrity. Obama and his administration can make it exponentially worse by failing in their duty to the people to see that the law is enforced and that justice is done. How long, exactly, does he have to suffer the fools? How long does he have to extend the olive branch to the remaining Republicans before declaring them irrelevant and doing what should be done, regardless of political maneuvering? For goodness sake, he was elected in part because a good number of the people wanted precisely that. Bring everything out in the sunlight, fix the problems, or get the hell out of the way.

Right on Cynthia. As much as

Right on Cynthia. As much as many of us have had to suffer the injustices of the Bush/Cheney era, either by witnessing it or being directly effected, we do not want to become like them. Let Obama do what he does best..unite people towards a common cause of decency and fairness. The more angry people may need to examine how they have projected their own cruelty and greed onto Bush and Cheney. Not to say that Bush and company are innocents..just to say thet "heal thyself physician" is a wise saying.

So let's get the commission

So let's get the commission started already.

So what do you do for those

So what do you do for those who feel the need for revenge or vindication. How do you redirect their energy? Or how do we educate them besides saying that they have missed the point. Maybe we say they remind us of the Republicans who keep resisting in the House and the Senate. Any candidates for the class action suit or who has the courage to be our Tutu?

This argument strikes me as

This argument strikes me as fatuous hair-splitting. In a democracy, the people's will is carried out by elected officials. Sen. Leahy's commission is a great idea. So are subpoenas for Karl Rove, Harriet Meiers, etc. How else can the facts be brought forth? Retribution isn't the point, but determining the truth is. Yes, the president shouldn't appear to be spearheading a witch hunt, but neither should he stall the investigations. If the anti-democracy faction feels it can get away with committing crimes in the White House (as they did after Ford pardoned Nixon, and Clinton suspended the Iran-Contra proceedings), does anyone doubt that the party of Rush Limbaugh will try again?

While there are more

While there are more pressing issues to be addressed firstly by this new administration in no way should the crimes of the Bush/Cheney administration be left to history to decide. WE THE PEOPLE have an obligation and duty to see to it that no administration is above the law. Our children and grandchildren are watching....see to it that they know how precious is our American Constitution.

Amen. I want to see Bush

Amen. I want to see Bush burn as much as the next guy, but in this case we can't, as they say, fight fire with fire.

Just before offering again

Just before offering again the hand of biparisanship, Obama ought to offer the hand filled with criminal indictments.

Boaz misunderstands what is

Boaz misunderstands what is at issue with regard to holding accountable those who sought policies, and those who constructed legal rationales that led directly to torture and other human rights crimes. It is not about "retribution" or "retaliation." It is about justice. If as it appears, US law, including legally binding international commitments, was violated, the US is legally obligated to prosecute. Truth Commissions have been a last resort by fledgling democracies such as East Timor, which sought to make a gesture toward a pursuit of justice without risking instability. The US is not a fledgling democracy. It is a nation of laws. The Obama Administration is obliged to prosecute those who break the law or render itself complicit in those illegal acts by ignoring the enforcement of those laws.

Cynthia: I must, I'm afraid,

Cynthia: I must, I'm afraid, strenuously disagree with you on your essay. Obama's Justice Department, as I'm sure you already know, while claiming that "no one is above the law," is doing the very opposite of this in their actual, meaningful actions. To wit: their adopting the very same unacceptable justifications for "state secrets" to block investigations of rendition, torture, and domestic spying. Their statements about this, as Obama's, don't mean anything really if they aren't backed up with actions. Bush and Cheney's actions don't just appear in some instances to rise to the level of crimes against humanity, they are clearly crimes against humanity - expressly illegal, immoral and unjust. They should be shamed for this and if they are not, then the precedent is set for any future president to carry out the same tyrannies. Obama's claim that he is a reconciler is bogus if what he is reconciling, as he is, torturers and those who uphold the law and justice. As for the pitchforks and torches. I cannot think of a more apt metaphor for what Bush and Cheney deserve.

Cynthia is right in that it

Cynthia is right in that it is not the President's job, nor should it be, to lead the charge in investigating/prosecuting possible (likely) criminal transgressions by the previous administration. But the viewpoint held by those likened to pitchfork and torch wielding villagers is that someone MUST do it. The credible allegations of wrongdoing by the previous administration cannot just fade into history without a proper investigation and if warranted, criminal prosecution. People are frustrated and outraged and they want someone to get this ball rolling because, so far, no one has. So, they look to our President. And I don't think that is really all that unreasonable. Granted there are many people out there who don't care if they were lied to, deceived, taken advantage of, etc., so that the previous administration could get away with what it did. But there are A LOT of us who do care. If crimes were committed in America's name, justice is not just what many Americans want, it is what we deserve.

How does Cynthia Boaz think

How does Cynthia Boaz think the American people are going to somehow magically get the truth to come out? Send Karl Rove a letter pleading for him to confess? What about the intercepts of phone calls and emails that are still going on? Do we even hear the barest details of what's being done to "protect us"? It isn't just punishing past misdeeds, but making sure that they aren't repeated and we all know how our rights were (and continue to be) trampled on. I can live with Rove, Bush, Cheney et al not being prosecuted, but the truth has to come out and only the Congress or the Justice Department can do it.

Those in the Bush

Those in the Bush Administration who broke the law should be prosecuted to the full extent of the law. They must be punished for their crimes.

Amen, and thank you.

Amen, and thank you.

On my fridge is a cartoon of

On my fridge is a cartoon of President Obama thoughtfully stitching together the shards of our Constitution. (Many of you have or have seen it too.) It is at least reasonable to ask whether laying out, if not punishing, the injuries George Bush and co. inflicted on our democracy would not logically complement rather than contradict the process of healing and "moving forward" he has undertaken. Let's not overlook the truth in "truth and reconciliation."

"Truth Commission" = another

"Truth Commission" = another term for more politicians who get paid more for finding out "the truth" about something and doing nothing about it in the end. The 9/11 commission was a truth commission and their results have been debunked by many. The 9/11 commission report was a joke. Yes, lets reconciliate with murders, liars, war criminals and eco rapists. And while we're at it lets throw in rapists, child molesters, wife beaters and any other despicable criminals you can think of. Lets reconciliate with them all. "Justice delayed is justice denied". Obama, you are a sellout. You've been paid off by the bankers and military industrial complex and kneel at their feet. I guess you said what you needed to say to get elected. Now you let those of us who voted for you down without a thought.

While Ms. Boaz is certainly

While Ms. Boaz is certainly correct in stating that: "the rule of law can only truly be applied in an environment that is as independent from political motive as possible." it does not follow that the rule of law should not be applied because they took place in a political environment. I agree President Obama should not be involved. But as Ms. Boaz also points out by reference, we certainly can "walk and chew gum at the same time." So, assign a special prosecutor for the job. But to let these criminals escape prosecution on the grounds that it might not look appropriate politically is the worst of specious reasoning. Especially when the crimes involved most certainly do involve the most serious crimes physically possible for any person: Crimes Against the Peace, Crimes Against Humanity, and War Crimes. To let them escape justice encourages those who follow to engage in the same crimes. The appeal of these crimes is obvious: the criminals involved made enormous fortunes from them.

Ms. Boaz-Regarding the

Ms. Boaz-Regarding the pitchforks and torches: many I've spoken with use the public square humiliation theme as a euphemism for what SHOULD happen to BushCo, not what WILL happen. The notion is that what goes around comes around. But Americans will be the judge of how important the rule of law is to President Obama, as well as whether he is a unifier. As we have witnessed over the past 8 years, the White House is influential in the work that gets done, or not done, in DC. Will Obama thwart an investigation into BushCo's misdeeds for WHATEVER reason? Or will he ensure it happens? Please spare us the apologies for timid Congressional Democrats (Nancy Pelosi comes to mind) who will not fulfill their responsibilities to their constituents in order to save their own skin, a crystal clear example of a few saving their skin at the expense of the many. This is what monarchies and tyrannies are about. You do understand we live in a representative democracy? Because it's not clear in this essay, specifically the last paragraph where you write that the people are the ones whose job it is to hold leaders accountable. If that is the case, the public square is where it will probably happen, because leaders have so successfully insulated themselves from the people. One more item: please do not attempt to tell Americans that Washington, DC is not about politics, or should not be. Is it even conceivable that DC is not about politics? You might start this journey by telling Republicans.

I think some posters here

I think some posters here are missing the point of Cynthia's piece. She's not saying that justice shouldn't be served - just the opposite! Just that it shouldn't be in response to political anger. She's just saying that President Obama shouldn't be expected arrest Bush and Cheney himself, as a lot of progressives seem to expect. I think what she means by saying "the people" should lead it is that it should be in response to a public call for discourse, and that the people should not be the followers of the representatives' will in this case.

Thank you Professor Boaz for

Thank you Professor Boaz for making sense. I wish all of my fellow liberals could read this and take it to heart. Our concerns should be with changing policy, not with actions that can serve only to deepen the already profound divisions in our country.

Obama stated that "no one is

Obama stated that "no one is above the law". Exactly when does this begin?

To clarify an unfortunate

To clarify an unfortunate but persistent misreading of my argument (mea culpa for any incoherence), I am not arguing against a TRC, only against the notion that the president should somehow take the lead on it, or even be expected to promote it. I do have concerns about how a TRC initiated by very partisan members of congress- now out for blood- might be run, and would suggest looking at the other examples of successful TRCs I mention in the piece for guidelines.

Agreed. So specifically what

Agreed. So specifically what is the best, most effective, and most do-able route to accountability for crimes against the People and the Constitution recommended by Professor Boaz (or other intelligent progressives reading this)? The last Congress abrogated its solemn reponsibility (and in my book sullied its reputation forever to a place in history even lower than the Bush administration) by placing clearly required impeachment proceedings off the table as a mere political inconvenience. Even so, an independent prosecutor appointed jointly by the People's representatives—by Congress and the President—would still, even at this late date, be the best scenario, I think. Of course that prosecutor must be universally accepted as completely independent of any political entity or ideology save the rule of law. Unfortunately, as that course seems also off the table (by a new President and Congress also unwilling to enforce the law because to do so may be politically inconvenient, or an insult to their own ruling class, or perhaps just not nice), it seems the only avenue left is direct legal or political action taken by citizens. Hopefully nonviolent. So again my question: specifically what action? Where? By whom? Let me know what will be effective, what looks most promising, and I'll sign up this very minute to do anything I can to help.

Truth and reconciliation is

Truth and reconciliation is the way to go. Don't misunderstand our need to have the truth come out so it doesn't happen again. We the people need to be educated as to what happened, because if not, it surely will happen again. We need to know what and how it happened. As do our representatives in government. I, for one, am not interested in retribution, but in transparency and accountability.I support Sen. Leahy's investigation thoroughly. Don't put up this smokescreen that we are looking for retribution or are villagers with pitchforks. We are trying to be vigilant because we love our country and don't want to lose it. We've come very close under the Bush administration and we need an open investigation.

this is so deeply and

this is so deeply and profoundly and shamefully insulting to the citizens of the USA and our constitution: the rule of law is the responsibility of the Department of Justice and courts of law. To assert otherwise is pure unadulterated confirmation of the rule of lawlessness and the politicization of justice. Either the law was broken, or it was not. It is the responsibility of the president to administer the law and that has zero zilch nada to do with retribution. Very bad things were done: the rule of law itself was suspended. Our ability to function as a country based on law and not based on personality and power was intentionally and deliberately attacked, as a matter of policy and ideology at the highest level. If the president will not cannot does not intend to enforce the law, we have no law. That is not reconciliation, under any possible meaning of the word reconciliation. It is abdication of the most fundamental responsibility of government. IF they broke the law, that MUST be investigated, not hidden and not excused and not painted over. NOT enforcing the law makes law itself moot. In that case there is no law, no USA.

On legal matters: ask

On legal matters: ask Marjorie Cohn and Michael Ratner. Cohn www.marjoriecohn.com and Ratner is President of the Center for Constitutional Rights. This is a situation where an independent prosecutor is required. I don't care whether or not President Obama wants to look forward, as he should. But the law is separate from the Presidency....supposed to be....As is the legislative branch. All the rest of PR campaign is just that, with smoke and mirrors. The countries cited have no bearing on these cases in the US. What is relevant is that if the US doesn't prosecute war crimes done by persons in our government, other countries with universal jurisdiction will.

After 8 years of deceit and

After 8 years of deceit and obvious criminal behavior, the likes of which no American citizen could be absolved, the people that have caused the demise of our wealth, our honesty and our democratic way of life, should be held responsible. This needs to be done openly, with full press coverage, before the world. President Obama need not be involved. He has other huge fish to fry. We have a Congress, we have all sorts of legal forums. Let's use the force of our laws as they are used against any citizen who commits crimes against society.

No interference from Obama,

No interference from Obama, and also no reinforcement from Obama. A job for a special prosecutor. Get the truth, not the liars! Otherwise they'll be saying: "I was never convicted of a crime and never convicted for perjury". (They're already at it, saying the New Deal never worked, that the Recovery Act is "generational theft!" Limbaugh² or Limbaugh³. If they're let of the hook, watch for the great spin campaign in US history, and that's only 18 months away (November 2010). Michael S. Cullen, Berlin, Germany

There should be

There should be accountability and disclosure. Obama should not be majorly involved in the process. An independent counsel or a commission would work. Obama has a lot of running the country stuff to do and must not get bogged down in unraveling past wrongs. Yet the works of the previous administration must be exposed and judged lest a future administration think they can also get away with murder.

I think I understand what Ms

I think I understand what Ms Boaz is saying. I agree that Politics needs to be removed from the Process of seeking Justice. However, I disagree with the idea that Americans who believe that WE are a Nation of Laws and NOT of Men are seeking tar, feather and public humiliation retribution against the BuShies. WE SEEK JUSTICE... Simple, Stone Cold Justice for the wrongdoings of mere men. Since when is the seeking of Justice through the Law a Mob and Pitchfork Affair..? We are not asking for, but rather, Demanding that the Justice Department undertake a Broad and Deep Investigation into any and all of the possible wrongdoings of the BuSh Administration no matter where any of it leads--- yet with the understanding that National Security Issues are a concern and a priority. And, if such Investigation does indeed lead to Criminal Charges, then so be it wherever they apply... Even if George W. BuSh lands in handcuffs and behind bars. I believe that the world will respect us for it. I believe that any and all future Presidents will respect US for it in that way they should already and always..! We will respect ourselves in 'heads held high' fashion, and feel that we are cleaning up after an era of 'letting ourselves go..' Perhaps Ms Boaz should consider that seeking Justice in this case of the Bush Administration is simply to live up to the high Standards and Ideals set by our Founding Fathers and how we honor all who have sacrificed so much, given their lives, their limbs, their all in the building and defense of OUR COUNTRY through the ages since way back when WE became the United States. So much has been sacrificed by so many over the many decades in building and maintaining the stature and grandeur of this Nation We all inherited AND to which George Bush was handed the Administrative Keys for 8 long years..., how can we not demand Justice...? Bush and his have done whatever they have done by way of whatever motivations moved them. Let JUSTICE run its course... Let's see where it goes. Lets take the 'chance' on whether or not its the right thing to do for no other reason than because WE ARE INDEED A NATION OF LAWS AND NOT OF MEN....

Of course , the innocent

Of course , the innocent civilians in Iraq and Afghanistan who lost their lives or are currently unjustly imprisoned by the orders of the previous American Administration have no say in the matter. The crimes were committed against their humanity. When will it be the right time to hold those guilty of these inhumane crimes accountable? Good luck, if you don't hold them accountable, most assuredly more crimes of this nature will be done in our name again.

Retribution cannot be

Retribution cannot be allowed under the rule of law, but neither can impunity. If crimes have been committed, particularly serious crimes that undermine the rule of law in our own country, flout international standards and treaties supporting human rights that we have helped establish and, and undermine the international order, they should be prosecuted. We cannot credibly simultaneously assert our desire to lead the world in the establishment and support of human rights and grant our own citizens impunity, however exalted their political status.

I would like to know when

I would like to know when the defination of the word justice became retaliation?? Now as an excuse not to hold the Bush administration accountable for all their crimes it seems this administration now wants to claim to do so would be retaliation! They always twist words to try and convince us of their way to cause us to comply with their ideas! Bottom line is it seems this administration has no interest in justice either! Maybe they have some abuses they want to deploy in which they don't want to be held accountable too???

Hey Cynthia, you can't have

Hey Cynthia, you can't have it both ways. There needs to be a Truth Commission or whatever you want to call it. Not to investigate what passed for our government is to set ourselves up for the same to be repeated as opportunists will realize there are no consequences for criminal action. There must be accountability for what has happened. Whether it will be seen as politically motivated is not finally the issue. The issue is if we Americans are strong enough to take responsibility for our actions, not only for what we've done abroad but for what we've done to ourselves. This go far in reconciling us to each other and to the rest of the world.

Cynthia Boaz makes a cogent

Cynthia Boaz makes a cogent argument for the Obama administration not to initiate and prosecute the culprits who have done such enormous damage to both to our constitution and to our prior standing in the world community as a beacon for truth and justice. Such an action would absolutely guarantee bitter divisiveness in a congress that has issues on their plate which immediately threaten the very foundations of our nation. However, dangerous precedents have been set by the behavior of the scurrilous prior administration. Obama may be too decent to use these precedents to justify any of his own administration's untoward behavior, but imagine that other "Bush-like" creatures, presently hulking in the shadows, but very possibly rising from the ashes of a crushing Great Depression to the position of President ! Bush abrogated the Geneva Conventions to which our nation has been a trusted signatory for many decades. This precedent cannot stand. The paper trail must be followed by private citizens who have been wronged. We cannot abide these enormously destructive actions to remain concealed for use by the next "Bush."

Should the crimes, by the

Should the crimes, by the Bush/Chaney Administration, be overlooked, then these crimes of high treason will be repeated in future administrations. The Allies conducted the Nürenberg Trials (in 1945 to 1949) for several reasons: A) To make aware that these crimes were actually committed, B) To examine HOW these crimes were able to be committed, C) Who committed these crimes and D) To punish the criminals. Should the guilty not be punished, then, their Criminal Acts would be absolved and could easily be repeated. There would not be any justice. “The true administration of justice is the firmest pillar of good government.” Should the Bush/Chaney Administration (alleged) criminals not be prosecuted, not be brought to trial and not found guilty, then, like the Ronald Reagan Republican group, they will be glorified, deified and praised. With ALL the evidence available: Eyewitnesses, Documents, Dead Bodies, Remnants of Death Camps, Newsreel clips, piles of clothes, piles of shoes, piles of hair, piles of eyeglasses, piles of gold teeth –COLD HARD EVIDENCE-, there are Holocaust Deniers being celebrated, glorified and believed. So, too, these (alleged) criminals will be praised and glorified for future generations. We will have not have learned from history –and the American society will repeat this debacle.

What about the people who

What about the people who feel hurt and demoralized by the actions of the previous administration? Do we not count in the equation of "healing" that you describe? Obama's DoJ is truly despicable in its construction (corporate RIAA lawyer fest, for starters). Now we learn that they are using the same state secrets BS. And we are supposed to let criminals get away with whatever they want, because some people cannot handle the truth and wish for it to go away lest their precious label 'Republican' become as dirty as the word 'liberal'? This is like applauding Ford for not "being divisive" by holding Nixon accountable as a US citizen. It is an awful legacy that this country refuses to EVER address the criminality of its leadership.

We have the RNC Eight being

We have the RNC Eight being charged with terrorism under the "Patriot" Act for organizing a protest at the Republican National Convention of the policies and criminal actions of the Bush administration but no one want to go after the people who actually committed crimes or were involved in their planning, including Dick Cheney and Karl Rove, or the cover up. Sad to say but this shows a failure of the Obama administration to uphold the laws of the land. When Obama took his oath of office (twice) he did not say it was only effective for future crimes or actions and that past actions would be ignored. On that basis Obama should grant amnesty to bin Laden and his people. Why the double standard between crimes committed by citizens and crimes committed by public officials with the later forgiven or not even investigated?

Since when is investigating

Since when is investigating and prosecuting criminal behavior and the violation of the law considered to be retribution, and why is this relevant and reason to ignore the crimes committed? Torture became know as harsh interrogation under Bush and now justice is being called retribution by Obama. It looks like Karl Rove is still doing the wordsmithing for our nation's leaders.

I can't express how wrong I

I can't express how wrong I feel this position to be. If it isn't the responsibility of the executive branch to see that the rule of law is respected, whose responsibility is it? While it may be true that "[d]irectly punishing their predecessors is something done by tyrants in authoritarian regimes, not by legitimate, democratic leaders in an open society" it is just as true that " legitimate, democratic leaders" are responsible for insuring accountability for those who ignore the law.

When did the word Justice

When did the word Justice get twisted into something entirely different then what justice is.. Justice is not retaliation but that is what they seem to want us to believe! It's a twist on words only to keep us in line so that we don't demand justice!

South Africa's Truth

South Africa's Truth Commission was an entirely different scenario. Trials would have led to more strife and possibly bloodshed. The Bush administration - often acting with purely political motivations - shredded our Constitution, ignored laws, and committed war crimes. We allowed Nixon to get away with his crimes and we allowed the Reagan administration to get away with their crimes. Both emboldened those in the Bush administration. Should we dole out mere slaps on the wrists for those who committed crimes during the past 8 years - we again send the message that an administration can get away with most anything. American citizens are arrested, tried, and punished for crimes every day. Why should the powerful be excused for their wrong-doing. President Obama does not need to factor into the equation - this is something for the Congress to deal with. Shying away from this political hot potato will only return to cause more destruction of what we, as Americans, hold dear.

This is not an issue our

This is not an issue our President should pursue. It is an issue for our country to undertake and investigate. The President has not had 30 days in office to address the most spectacular set of issue ever confronted by an American government short of the Civil War. Each day a solution is put forth, each day the circumstances worsen, each day the Republicans mockingly wonder where's the "Change?" The Republicans not only ruled as the Constitution was shred and tacitly approved, but they are standing by with arms folded, almost daring the world economy to tank so they can win seats in 2010. If a commission is to be formed and a study done on the crimes of the Bush Administration, so be it, but leave the office of the President out of it.

Ms Boaz explained it

Ms Boaz explained it clearly. Now, where is our "Desmond Tutu," and when will he or she come forward to lead our Truth and Reconciliation Commission with courage, integrity, and efficiency? The American people are impatient!

Bravo. Well said.

Bravo. Well said. Intelligent (non-pitchfork wielding) and well reasoned. Just like I've always thought a good liberal should do things. A very welcome perspective.

Thank you Cynthia for

Thank you Cynthia for bringing clarity and reasonable perspective to the application of justice. The Truth and Reconciliation Commissions in Rwanda have made remarkable progress in healing some deep wounds among communities where unspeakable crimes were committed. If progressives are going to continue to grow in influence and power in the long-term then we must apply justice in a transparent and seemingly non-partisan way. This will distinguish us from the neo-conservatives. We also must be sophisticated in communicating that message and not left the right wing pundits frame the issue.

You say the President simply

You say the President simply should not take the lead. But, please, hear yourself! What are you suggesting? He's the leader of our nation! How can this be done without his explicit support? If he should not demand this "witch-hunt" (as you inaccurately view it) then who should lead it? And, furthermore, to suggest that the public somehow does not, or will not, approve of a deep investigation of Bush, I think absolutely wrong. This article takes the wind out of the sails of those who want immediate, effective and aggressive change in Washington and a real about-face in this country.

Thank you, Cynthia Boaz. I

Thank you, Cynthia Boaz. I have long awaited exactly this clarification of why the cries for blood make me uneasy - not for BushCo's sake, heaven knows, but for the criers themselves, and at the same time for their capacity to prolong our national misery by wrecking the restoration of liberty and justice that has been painstakingly undertaken. To say that Obama has abandoned us "without a thought," as one commenter put it, is just the opposite of what is happening. He was elected to be a leader, not a savior, and that's what he is doing. Patience, dear hearts (as Molly called you), is not capitulation. In the outfitting of a true leader it is a crucial tool, not to be thrown away.

"With malice toward none..."

"With malice toward none..." A good idea in 1864, a good idea now. Let it go, people. Let's move forward.

Dr. Boaz' argument makes me

Dr. Boaz' argument makes me uneasy. It's very similar to that regrettable "let the healing begin" notion that prevented us from prosecuting Nixon. The consequence was, I believe, that there was no healing. Indeed, the right wing used the Nixon case and subsequently the rejection of Bork for the Supreme Court, as examples of how the "liberals" were sabotaging the Republic. It was easier, a few short years down the road, to characterize those events in surprising ways. To my mind, letting Nixon off was a stepping stone to allowing a true nullity like Ronald Reagan into the White House. No, Dr. Boaz, it is necessary to publicly investigate and, if necessary, prosecute people who subverted the Constitution, who initiated an unprovoked and illegal invasion and destruction of another sovereign nation -- two nations, in fact, for the invasion and bombing of Afghanistan was hardly any more justified than the hideous attack on Iraq. Nonetheless, I do concede that it is not the position of President Obama to initiate this investigation. It's really the role of Congress. Of Senator Leahy, perhaps.

The US Government consists

The US Government consists of 3 branches LEGISLATIVE who draft bills which the EXECUTIVE signs into law that is up to ADMINISTRATIVE to apply

It's not "The Bushes" or

It's not "The Bushes" or "Cheney" or "Reagan" or "Nixon"who in the process of causing our present predicament violated every established law of humanitarian principle. It was the powerful elite classes who backed them with the fury of unprecedented financial and institutional resources who have caused so much universal pain. It will require a Maximillian Ropbespierre to undo the damage done to the 300,000,000 of us over the last 50 years. This damage is structural and we are not going to recover from it soon!

I'm not quite sure what her

I'm not quite sure what her message is here. She's right in saying that Obama's job is not to chase justice under the law. On afederal level, that's up to the Justice dept. The question is the one Glenn Greenwald brings up regularly. Are we a culture of laws or not? Do we have a two-tiered justice system, in which the ruling elite are essentially exempt, except perhaps for an occasional show trial with some slightly lower level scapegoat to keep us all conned? If there is no penalty for law breaking, then what message does that send to future potential law breakers? And mostly, imagine the message the US would send to the world if we actually prosecuted our own by the same standards we insist all others should be held to.

"Justice is not

"Justice is not retaliation.." exactly! and righteous anger does not equate to "pitchfork wielding..' there is more than enough indication and even outright evidence of the crimes committed over the last 8 years. the only reason certain people call for ignoring it, playing it off as a waste of time or somehow 'irrational' is because a truly transparent and real look into the mess would show their own hands among the guilty. why do you think we find ourselves in this ridiculous mess all the way around; when the leaders set the agenda with a wink and nod everybody piles on and gets away with whatever they can, and they did! if what this country says it stands for gets thrown out the window in the service of some kind of 'expediency' or because its 'just too messy and ugly to go there' then we are nothing but the 'paper tiger' that our enemies try and paint us as. not only that but we are then ignorant in the extreme as a people and in my opinion deserve the mess we find ourselves. saying it can't be seen as 'politically motivated' is just the same old line democrats always hold up when they want to blame someone else for their own lack of a backbone or even worse; secret agendas. prosecuting criminals is not a politically motivated act, nor is it retaliation, it is simply the law.

No "Change" or "Hope"

No "Change" or "Hope" Here.

This is just a continuation of business as usual. In America, when one of the two corporate parties gets into power, it ignores the high crimes and misdemeanors of the other party's previous reign.

When Clinton got in, he let Reagan and Bush Sr. off the hook for the Iran-Contra affair, and for egregious war crimes in Nicaragua and elsewhere. When Bush II got in, he gave Clinton a pass for blowing up the asprin factory in Sudan and for bombing Kosovo on dubious pretexts, among other things. Now a Democrat is back in the White House again and the same sorry cycle repeats itself.

America has more of its citizens in prison than any other country. Harsh mandatory minimum sentencing laws and "three strikes" provisions send even nonviolent petty criminals to prison, sometimes for life. But members of the elite political class of the two corporate-controlled parties enjoy a quite different standard from rest of America. No one argues that the fellow caught climbing out of someone else's window with their TV set should be let go because investigating him for burglary would be "retribution." No on argues that we should just forget about his blatant crime and instead all "unify" and "heal."

But when well connected highly placed politicos commit far worse and far more numerous crimes in plain sight, nothing happens to them, because that is just not how we do things here in the Land Of The Free.

I can understand his

I can understand his hesitance. The past is the past and can not be changed, only the future can be changed and that's where all energy should go. I think I would make it dependable on how strong the critic and voices from the far right are. Do they have anything learned or not. If they continue to howl from the dark, then the evidence and arrogance of of their failure and failed leadership needs to be branded into their flesh by a Truth Commission. Otherwise it is always better to turn the other cheek!

I'm afraid many folks (whose

I'm afraid many folks (whose commitment to justice and democracy is apparent) are either misunderstanding or misrepresenting my argument. So, to clarify: I support a Truth Commission. I support (legal) accountability for Bush/Cheney. I do not support the notion that President Obama should lead or even participate in such a process. What gives life to the rule of law is its independence from politics. The rule of law is so closely linked to legitimacy in a democratic society because it transcends the interests or will of individual political actors. Regardless of Obama's motive, it would be impossible to separate his role as president (and de-facto head of the Democratic Party) from his role in a Truth Commission. That is dangerous- both for the precedent it could set (that incoming presidents reserve the right to impose "justice" on their predecessors), and for the political cleavages it would inevitably provoke. I think the "righteous anger" that one of the posters references is provoking responses here that frankly, help to reinforce my point. I'm not suggesting that indignation is not called for, only that justice is rarely served when anger- or political motive- is the impetus. The purpose of a Truth Commission is to promote healing and reconciliation, not to punish. I think that is somehow being missed in the larger discourse about how to deal with Bush/Cheney. I appreciate all the impassioned feedback.

Patience, people. Take the

Patience, people. Take the long-term view. Yes, Bush, Cheney, et al, should be arrested, but what then? Let's let a variety of bodies investigate their actions and expose the truth so that once indicted, those accused can't slip away on the benefit of the doubt, which United States justice guarantees. Leave no reasonable doubt, no room for nuance, no chance of acquittal on technicalities. So what if Bush and Cheney have a couple more birthdays before they get busted? They are uncommon criminals - the entire planet has suffered from their depravity. Obama is right to let the wheels turn slowly, but surely. In fact, he has no power to do otherwise unless we want nothing but a show trial or a media circus. The representative branch of government, cumbersome though it is, has both the standing and the capacity to bring out the unvarnished truth and then turn the cases over to the executive branch for action and the judicial branch for final decisions based on incontrovertible evidence.

This is not an intellectual

This is not an intellectual or academic issue. We must not forget that the Bush administration spent 8 years lying to the American people and congress in order to promote their agenda. As a result, we have more than 4,000 American men and women dead, tens of thousands physically and emotionally destroyed, and hundreds of thousands of Iraqi men, women, and children who are either dead or have had their lives crushed. These same people then went about trying to dismantle our constitution and compromise the Geneva Conventions. Is this not enough to enrage all of us? Or do we now merely sit back and say, let's get on with our lives. These people are criminals and must be prosecuted.

Special Prosecutor, or let

Special Prosecutor, or let all of those accused or about to be accused out of jail throughout this country. If Bush's illegal activities are allowed, that sets a precedent for ANY President to violate the law. We impeach Clinton for spinning the truth abut Monica -- but Bush and Cheney are allowed to violate the Constitution and the many various laws of this country and that is okay??? Did they break the laws, as they have seemingly admitted? Are there documents which incriminate them, which there are, apparently? Is there not evidence of illegal activity? Are THESE GUYS SIMPLY NOT ACCOUNTABLE FOR THEIR ACTIONS??? Sorry, but I just don't get it.

The author says: "It is

The author says: "It is simply not the style - politically or personally - of this president to seek the same sort of "justice" desired by the pitchfork-wielding villagers." what sort of "justice" would that be? equal justice? if presidents commit crimes their predecessors should have hearings and trials on them. that's the best deterrent i can think of. if Obama commits crimes while in office you can bet the republicans will never stop until they bury him. Democrats are weak when it comes to meteing out "equal justice". Maybe it will take the "pitchfork wielding villagers" to bring justice to an unjust system where the powerful get to be publicly shamed with "truth commissions" and no other penalty for their crimes. while the rest of us would spend our lives in jail, if not be executed, for the crimes Bush committed against our country and the world.

David,

David, I don't abhor confrontation. To the contrary, I welcome it. Please take a look at my previous work, as you are mischaracterizing it. I'm not a pacifist, nor am I a "nonviolent communicator," whatever you mean by that. I am an expert and activist in strategic nonviolent conflict (i.e. civil resistance), which is anything but non-confrontational. But (to paraphrase Hannah Arendt) the manner in which the conflict is waged has everything to do with the culture that emerges aftewards. Cynthia

righteous anger is not the

righteous anger is not the motive for wanting these crimes investigated and prosecuted (legally of course). it is a symptom of watching those in power abuse the privilege of serving the people in the name of the people yet TO the detriment of the people. it is a symptom of seeing a wrong, knowing its wrong and yet watching as slight of hand and the twisting of words make it seem 'ok' or not 'really worth prosecuting' et al. it is a symptom of the experience of injustice and a helplessness to change that in any meaningful way. frankly i think talking mostly about whether obama should be front and center with it just distracts and even if he did lead i don't believe this would necessarily set any precedent, yet i would agree an independent prosecuter and obama not front and center would help. but when certain peoples take things off the table and/or talk of only 'looking forward' they actually discourage and throw water on a much needed fire and thats not being 'neutral' either. whats happened the last 8 yrs is greatly unprecedented and its criminality is SO apparent to many many people. the healing and reconciliation you speak of happens automatically when investigative transparency and attendant prosecution and punishment are used to uphold the laws we supposedly live by. righteous anger is a symptom of the realization that justice is not the same for all. this breeds cynicism and the attitude that 'what the hell if i just break this little law here, compared to what the big guys get away with its not even a drop in the bucket!' btw VERY nice to see the author of this article participating in the comment section, thank you!!

khid, since it seems this

khid, since it seems this continues to escape you, I will repeat it again, I do support holding Bush/Cheney accountable. I do support a Truth Commission. Where in anything I've written do you see otherwise? Perhaps this will help make my point. These are examples of places where the incoming leader(s) have dolled out 'justice' against their predecessors: Pinochet in Chile, the Ayotollah in Iran, and Stalin in the Soviet Union. These are places where an independent or international body (on behalf of the wronged citizens) took up that responsibility: South Africa after Apartheid, Chile *after* Pinochet, and Nuremberg after WWII. Do you see a pattern?

This is the name I am using.

This is the name I am using. Sorry if you can't accept it. Why don't you post my comments and make them public? You can then refute/correct any mischaracterization I've made of your beliefs or stances publicly. My basic problem with your article is that you are more interested in Obama's image as a politically neutral President than anything else.

David, I'm confused. I don't

David, I'm confused. I don't have the authority to do anything to your comments on this page. I have responded to several people- perhaps you're confusing my response to you with my response to someone else? I am not concerned about Obama's image, I am concerned about the quality of our democracy. Politically neutral is the last thing I would call Barack Obama. Which, again, is why he can't lead the prosecution of Bush/Cheney.

"Let's let a variety of

"Let's let a variety of bodies investigate their actions and expose the truth so that once indicted, those accused can't slip away on the benefit of the doubt, which United States justice guarantees." United States justice? Are you kidding? What world do you live in? The point that even if what you wrote was possible, it could not be done without Obama's explicit blessing and support. Please explain how he can be left out of this process. What if Congress does not have the will to do this on its own? Your comment about me being a pleasant person is also illuminating. Would you feel "pleasant" if you found your mother being raped or would you just act to save her? Would you sit down and send light to the rapist until he woke up? Would you engage is some sort of civil disobedience technique? Well, this country has been raped to the core and there's no time to dilly dally with the perfect method to carry out the process of roasting these criminals alive with jail sentences. I live in N. Ca so I know very well the kind of viewpoint you represent. I don't resent you personally, but I can't stomach your composure about this entire issue, like we've got all the time in the world to go after these guys. Wake up, Cynthia!

David, I have no idea,

David, I have no idea, sorry. Did something get deleted? I don't agree with censorship, but if you called me a name or were otherwise hostile, maybe it violated the terms of use? I really don't know. I'd be very interested to hear about the "kind of view [I] represent." I'm used to my commentary angering conservatives, but this piece seems to be setting off the progressives. So can you clarify for me what view it is I'm promoting? I'm genuinely curious as to what category you lump me into, and how this piece fits into it.

Here is my problem with what

Here is my problem with what I perceive to be your view in a nutshell: it's your focussing on trying separate what you call retribution from what you call justice. You write: "And it can only justly be motivated by a genuine desire to adhere to the rule of law, not by a desire to seek political retaliation." I cannot see how these can be realistically separated. Retribution is a subjective emotion, whereas justice is objective, involving real courts and judges. To ask for no retribution, what does this mean?

First things first. And the

First things first. And the economy comes first. This is the largest fiscal cesspool the world has ever faced. And yes, I am including 1929 in my statement. Pres. Obama is capable of leading a recovery plan over the next three years. He will also face more than a few foreign affair challenges in that time. The White House must focus. A truth commission will not ameliorate the critical survival issues that the USA faces. CheneyCo will have to wait. And to assign that task to the incompetence of the Democratic' leaders' in Congress would be a colossal error. Unfortunately Pelosi, Reid and Frank couldn't organize a bingo night at the Lion's Club let alone a judiciary committee. Cynthia has a sound opinion. Pres Obama has to be the unity president and the redeemer president now. Lincoln wanted the confederate troops to go back to their farms and help build the country again. I think President Obama wants to get the ship of state off the rocks and restore America's reputation abroad. Progress not perfection people

Can someone please tell

Can someone please tell 'windskull' that the 3 branches that the US Government consists of are the Executive, Legislative and JUDICIAL, not - "3 branches - LEGISLATIVE who draft bills which the EXECUTIVE signs into law that is up to ADMINISTRATIVE to apply"

Valid question, David. The

Valid question, David. The term "justice" has several connotations, and I refer to that in the title of the piece. Some understand it simply as the enforcement of the value of fairness (e.g. "a just society"), some understand it be a form of moral reckoning ("in the end, there will be justice"), some understand it to be a legal balancing of the scales ("the job of judges is to enforce justice"), and some understand it to be a form of payback- sometimes legal, sometimes vigilante (i.e. punishment or reparations). I think that it is the first that is most critical to the healthy functioning of a democracy, but that the language used to talk about how the crimes of Bush/Cheney should be addressed comes closest to the last definition (which is what I call retribution in the piece). Although the discussion is couched in terms that reference the rule of law, the tone suggests otherwise. Just look at the anger in many of the posts below this one. Again- I'm not saying the anger isn't justified or righteous, but that it cannot be the basis for the sound and just (fair) enforcement of the rule of law. Thank you for forcing me to clarify this.

"Just look at the anger in

"Just look at the anger in many of the posts below this one." First, thank you for your reply. Yes, I see them. I am one those angry people - not at you, certainly, but at the way corruption somehow remains untouched and non-investigated in our nation. Many of us feel outraged beyond all limits. I can't stress where I am emotionally with our government- beyond the breaking point, let's put it that way. I am afraid that your arguments are being heard as some sort of defense for Bush and Cheney. The reason why people are flying off the handle with your article is that it seems to represent a kind of calmness and clearheadedness that repudiates our justifiable rage, and feels, therefore, merely academic. In other words, many of us feel our government, including its justice system, to be absolutely corrupted, beyond repair. So for you to invoke the system to bring real justice in a fair and competent way seems unrealistic, even imaginary. Our hearts have been ripped open by our own government's immorality time and time again! Did you hear that Obama just sent 17 thousand troops to Afghanistan? Is that justice? Do we even know what justice means in this country? You are both very right and very wrong in your article. Ideally you are right, realistically we are living in an unethical sewer. I am sure you've read Zinn. It's the same thing over and over again with the U.S., with little or no modification.

Professor Boaz, if I might

Professor Boaz, if I might ask a question: In your article you mention that the legal remedies may reside with "another state" or with "taxpayer's organizations or veteran's groups etc" and at the close of your article you suggest it is the "people" in a democratic society that should hold their leader's criminal behavior to account. Nowhere do you seem to suggest that the proper vehicle for legal investigation and possible prosecution should issue from the United States Dept of Justice. This is where I became confused about what sort of legal accountability you were suggesting . Do you believe it to be within their jurisdiction and responsibility to investigate and prosecute potential high crimes and misdemeanors of the executive branch-ie to uphold the law of the land?

Look, the fact is these

Look, the fact is these people BROKE THE LAW. They should be prosecuted. This nicey is bullshit. Hundreds of thousands of people have been murdered by these creep and you want to reconcile with them. You and Obama are collaborators, then. This isn't anger, or retribution, it's the law, honey. These people are criminals. It's not morally OK to just let it go. I'm appalled that you have the unmitigated gall to say that murderers should go free, we don't want to offend any of them. This point of view disgusts me.

Dr. Boaz, thanks for

Dr. Boaz, thanks for participating in the forum. It is something we rarely see here. But I will have to say that, as someone who professes to be a mediator you are doing a very poor job of promoting your viewpoint. Most of your column was devoted to attacking those who clamor for accountability of the previous administration, and characterizing them as pitchfork wielding villagers. It includes scant recognition of the valid reasons for anger on the part of these people. Your main point, that President Obama should not be involved in establishing a "Truth Forum" is well taken, but the condescending treatment given to people who express their grievances undermine your entire position and generate increased resistance and anger; hardly the role of an effective mediator.

03:35, where did I profess

03:35, where did I profess to be a mediator?? I have never said that, as far as I know, as it's simply inaccurate. I have no interest in mediating here, I am merely trying to clarify my points for folks who seem to have a difficult time with them. I did use the pitchfolk-wielding metaphor- and thus far have not been proved wrong- but I don't believe I have slung any insults. 03:36, I don't believe you've read the piece, as you seem to think I am arguing against prosecuting Bush/Cheney. And when you say "I sense that they were "keeping their heads down" and busy, within their respective comfortable milieus, during the last eight years," you are quite wrong, and that could be very easily verified with a simple Google search. I'm sure I could justly be accused of a lot of things (and have been here today), but "keeping my head down" is not one of them.

Cynthia, we don't need a

Cynthia, we don't need a truth commission. We already know the truth. Now what do we do with it?

Yikes! Yes, we know the

Yikes! Yes, we know the truth, but yes, we need a truth commission. Do we want them convicted or just exhibited on TV some more? We knowing the truth does not hold much water in criminal court. We all know what OJ Simpson did, too. The case has to be built bit and bit with no chance of wiggle room. That takes time and deliberation. All this vitriol and drama won't get them locked up. A scientific approach will.

Well, I am certainly wrong

Well, I am certainly wrong about you professing to be a mediator, although I have no idea where some of your other comments come from because they are not about anything I wrote. I do stand by my comment that your article and some of your responses to comments has had more success in generating resistance than providing illumination.

FLAK. “Reconciliation”

FLAK. “Reconciliation” is nonsense if it allows the dangers that produced invasion and torture to remain a threat. “Reconciliation” must not be like Chamberlain’s appeasements. “Invasion” according to the Nuremberg Tribunals is defined as “The supreme War Crime”. Torture is the ultimate corruption of power. The Nuremberg Trials were not about “retribution”. They were about setting a clear democratic standard for the governments of the world. Senator Leahy seems to understand this. The cliché of a mob Boaz uses is flak. The true concern is that there have been War Crimes and the systematic dismantling of democratic law as Bush Administration policy! Apparently, Boaz doesn’t suppose that if Bush Administration crimes are not addressed decisively we will invite disaster upon ourselves. The erosions of law are dry tinder. Over a million people have been killed in Iraq and Afghanistan. More money than anyone can imagine was stolen. The Constitution and The Bill of Rights were under siege during the Bush years. The anti-democratic elements behind Bush and Cheney are very much in play! Embers, after all, can become an inferno. This must not go unrecognized. Intelligent people are alarmed with good cause.

Dear Dr. Boaz, I'm not an

Dear Dr. Boaz, I'm not an expert at explaining how the Constitution actually requires prosecution of criminals in our Federal Government, but I've heard that is the case. If Speaker Pelosi and Congress had not been such wimps over the past two years, they would have followed Dennis Kucinich's lead in impeaching the criminals and it would no longer be an issue. A "Truth Commission" is not a good idea. It would only give the criminals a way to get around prosecution. The truth is quite evident. Both Bush and Cheney even admitted publicly on TV that they permitted torture to be used. I can understand the political problem of attempting to pursue prosecution in the midst of so many high priorities and stubborn partisanship by the Republicans, but the Justice Dept. should not "take it off the table".

04:28- I'm starting to feel

04:28- I'm starting to feel like it's the movie "Groundhog Day." But I'll repeat-- nowhere do I argue (or do I believe) that Bush/Cheney should go unprosecuted. PLEASE stop attributing that argument to me. I *agree* that it's imperative we no longer tolerate a culture of impunity! It's just that it is undemocratic and dangerous if it is the president himself who leads the prosecution of his predecessor, especially because his priority is reconciliation (not between Bush/Cheney and us, but between government and the people to whom its accountable).

The U.S. signed a treaty,

The U.S. signed a treaty, during the Regan administration, which obligates us to investigate and prosecute acts of torture. Our government has no legal choice. If the U.S. government does not investigate and prosecute the torture done on the orders of the Bush administration, it will be in violation of that treaty, our country will not be able to regain any moral authority we need in the world, the crimes of the Bush administration will become the crimes of our government and of the American people as a whole.

Torture. Torture!!! What

Torture. Torture!!! What more needs to be said than that?

Seems to me we gave most of

Seems to me we gave most of the Nixon Administration a pass, and figured we had seen the last of illegal wire taps, spying on citizens, subverting the constitution. It's a lovely idea just "not take the first drink" and never examine the past, but it never works. In order to move forward, to end war and stuff, we need to send these guys straight where they belong...The Hauge. Life in prison, 23 hours a day of solitary. They tortured the people they arrested more or less because of their religion. We're gonna let them go because we're broke? Because they didn't march the lot of them into ovens? Jesus Christ. I'm one hell of a lot more moral than to torture and so is My country.

The email below sums up

The email below sums up exactly the concern I express in the article. What makes it most intolerable- and terrifying- is that this kind of vitriol is coming from self-identifying "progressives." This man asks how I don't cut my own throat when I look in the mirror.

The idea/ls that this person attributes to me- simply for saying that Obama should not lead the prosecution of Bush/Cheney- are incredible. Aren't we supposed to be the ones who advocate for social justice, tolerance, acceptance of diversity (including in ideas and values), and nonviolence? If not, then who are we? If we can't have a sane and humane discussion amongst even ourselves, than what are we-- progressives-- doing that is so different from those we seek to judge?

I know one thing. The man who wrote the email below is not someone I would feel comfortable entrusting to run a Truth Commission or -- God forbid--a trial. Would you?

And just for the record, I declined payment for the article.

"Hey Cynthia, Just finished reading your little rant about not bringing the Crime Family Bush to trial for their various acts of treason and sedition as to do so might seem political. After all since it was our corpo-rat masters and our elite that committed those war crimes, crimes against humanity, crimes against the Constitution, crimes against the Bill of Rights, mass murder, genocide, concentration camps, mass kidnapping, official torture, theft of trillions etc. we should look the other way and concentrate on putting those pot smokers and thieves stealing a loaf of bread to feed their starving families in the death camps instead, huh? I'm guessing you were paid the traditional 30 pieces of silver for your rant? How do you look into the mirror in the morning without cutting your throat or don't you wear makeup?

If Barry doesn't bring these monsters to justice by giving them all 6 years down in Gitmo to be water boarded and have broom handles shoved up their ass, (I wonder if that would be considered torture when applied to them?) followed by a quick people's tribunal and some very slow, painful executions on PBS then this country is doomed.

The only thing that will bring this country together is not a truth commission, like the cover up of 911 but capital, criminal, trials. The hundreds of thousands of dead, the millions of wounded and the millions of displaced cry out for justice. Can't you hear their cries Cynthia, or are you deaf as well as blind?"

Okay, I see the dilemma,

Okay, I see the dilemma, that we shouldn't politicize justice,and I agree, but justice need not be a political gesture, that which has been happening inside and outside the US under the conservative banner for the past three decades. US officials, as agents of the "most powerful nation" during that period and long before, have been de facto immune from prosecution for many egregious crimes against humanity because of their affiliation with this most powerful nation. So who is going to bring them to justice, the people of Nicaragua, Iran, Guatemala, Viet Nam, Grenada, Iraq, Afghanistan, Panama,San Salvador, others inconvenienced by US militarism? The International Court, which has been repudiated by the US? The US electorate has been sleeping, and most other nations are powerless to confront the influence of US hegemony. If the US does not hold its leaders accountable for crimes against humanity, who will? Given Us power the UN and other nations cannot. Justice, and the implementation of it, need not be a political tool, it should and must be administered objectively and lawfully. That it might not be possible in the US today is an indication of how far this supposed democracy has been subverted by elitism. I sympathize Dr. Boaz, but part of Obama's oath was to "...faithfully execute the laws of the land..." or something to that effect. Perhaps he can't instigate an inquiry which might be viewed as a witchhunt, but can he be Constitutionally neutral to an independent investigation and, if crimes are found, accountability? I appreciate your desire to be fair, politically untainted, and morally impeccable, attributes the political opposition have for decades impugned and ignored, but we can't as a nation move forward without confronting the past.

It is no “summation” to

It is no “summation” to conflate Citizen’s upset and vitriol with War Crimes. Even now after all this protest, you disconnect the crimes from the outrage against them. You write as though outrage holds more sway than the deaths and lawlessness that provoke it. To further get a sense of your disconnect, you paint all “Progressives” with that brush. No wonder people are upset with you in your dismissals. You don’t have an appropriate compass to discuss “reconciliation” because you are in denial about the crimes. The issues really are “war crimes, crimes against humanity, crimes against the Constitution, crimes against the Bill of Rights, mass murder, genocide, concentration camps, mass kidnapping, official torture, [and the] theft of trillions”. “Progressives” see this clearly.

Certainly treating the Bush

Certainly treating the Bush Crime Administration and all its members like the true criminals they are would be justice for Americans who care about the Constitution and the Rule of Law that Bush and his ilk care not a whit for. I would not want them to be put in prison and tortured. I think the best "torture" for someone like Bush would be a sentence of having all his financial assets removed from him (the same for Cheney) and as part of a sentence, forced to come on the TV and apologize to America and the world for their wrongdoing. Then they would have to live under house arrest, to be escorted daily to the soup kitchen to help feed the hungry and homeless until their physical condition makes them unfit to do so! This might not be enough for those wanting Bush and Cheney to suffer that of Italy's Mussolini orRomania's Ceausecscu (the street mob grabbed them and strung them up), but it would be better than completely letting them off the hook with a handslap, as any truth and reconciliation committee might do, unless their were some punitive measures attached, like the ones mentioned above by me, and it would be better than Franco living out his life still as Dictator of Spain never, ever being accused of any wrong doing, or of Pinochet who escaped any punitive measures because of his age and ill health.

"— That to secure these

"— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world." Declaration of Independence as signed by 56 men showing wisdom and foresight completely absent in today's America. Need one say more, wake up America for the sake of our children.

Professor Boaz, I have read

Professor Boaz, I have read your article thoroughly and read both the public comments and your responses . I believe the misunderstanding that you allude to in a couple of your responses and keep coming up like "Groundhog Day"-regarding your own belief that criminal behavior on the part of the previous administration, if proven, should be accounted for -is due to your having been in your article and in your responses, somewhat vague about how you envision such an accounting should take place with legitimacy. I am confused and give to you the benefit of the doubt , but could you clarify in more precise language what remedy for holding these individuals responsible you would envision? I believe the passion and intensity of many of the responses here may be due to this perceived vagueness. Many have possibly seen this vagueness as suggesting that you really don’t want to see any actual criminal investigations issue from the DOJ but rather, would prefer a softer more watered down approach which would ultimately let the criminal behavior go unchecked. Certainly, given the last eight years of riddling with the truth you can understand that folks are a little wary of any perceived vagueness. If your point is that the President ought not to appear publicly partisan but should allow and not hinder the Justice Department to proceed with investigations, simply saying this might assuage many here who are expressing their legitimate alarm . When there is even a suspicion of criminal behavior of this sort at the highest levels of the American government, the Republic itself and all its institutions are at risk. The desire to “get this right” is very strong among a vast array of concerned citizens and for good reason. Please, if you will, could you take a moment to address and clarify your position on this?

Cynthia Boaz. Thank you for

Cynthia Boaz. Thank you for your excellent article and responses. The fear here is that a "Truth and Reconciliation Commission" will lead to grants of immunity and other excuses to not prosecute. The precedents of Watergate and Iran/Contra are troubling as well as Pelosi's statement two years ago that "impeachment is off the table." I am in total agreement with you that the administration of justice must be seen to be non-partisan and non-political and that retribution as you have so eloquently defined it not be the motivational force. I would rest much easier if a special prosecutor were appointed, one known to be smart, tenacious, and non-partisan, such as Patrick Fitzgerald.

Anon at 16:12 that is a

Anon at 16:12 that is a wonderful quote! And true now as well as then. The problem trying to achieve a solution, then and now, is summed up nicely in this part: "all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed." Which is to say that those timid souls who think that a "Truth Commission" is a sufficient answer to the Bush administration's heinous crimes simply are not yet suffering sufficiently, or must not understand the magnitude of the suffering of others. It was not their child that was murdered in these illegal wars. They are not on the street begging because an unscrupulous thief on Wall Street or at their local bank stole everything they owned using actions that were made legal by a corrupt and thoroughly bribed government. Moreover, they have seen what happens to those who stand up and complain. Such "squeaky wheels" don't get grease, they get anthrax, or the plane they are flying in mysteriously falls out of the sky. So, their timidity is certainly understandable. Nobody likes a fight, if it can be avoided. But some fights cannot be avoided. This problem simply can not and will not go away without a serious and painful fight. We must engage this problem strenuously and thoroughly, using all the laws we still have, and soon. Because just as when using antibiotics, if you don't kill ALL the microbes infesting you quickly and thoroughly they will inevitably come back in a new and resistant form. Nixon and Reagan, Bush's predecessors in crime, are good examples to remember in this context.

It is understandable to not

It is understandable to not have Obama seen as investigating the previous administration, BUT then Congress needs to step up and use their power to get to the truth. Once that process is in forward motion (and it will take a long while) then the DOJ needs to appoint special prosecutors to investigate and bring charges as warranted. Obama needs to focus on running this country and let the (once again independent) DOJ do their job. While this was impossible, the independence of the DOJ I mean, during the past 8 years due to quality of Attorney Generals appointed (not picked for their independence but rather the direct opposite) we now hope that THIS DOJ will do their jobs properly. Find out what happened and prosecute law breaking, no matter who it was. My hope is to then see regulations put in place to ensure there is no repeat of abuses of the past 8 years. I simply must have faith that justice will prevail. The cynical side of me feels this will never happen, but the logical side NEEDS to hope that it will.

I really don't see the need

I really don't see the need for lengthy debates about whether or not a Truth Commission should be appointed. Was the law broken or not? If not, then drop the subject, and forget the quasi-tribunals and any doubts as to whether they might promote immunity and wrist-slaps. If it was broken, then proceed in the jurisdictions where it was broken and with the remedies already prescribed. How do we know the law may have been broken? We investigate, and if there appears to be due cause, we prosecute. As so many of us argued in regard to the Patriot Act, current laws on the books already cover the range of dangers to the society. We don't need more laws. We simply need the will and diligence to enforce what we already have. This is not a matter of retribution or partisanship, no matter how much we spin it. It is simply ... the law.

Folks might get a better

Folks might get a better idea of what truth and reconciliation is about by watching an excellent film: IN MY COUNTRY. Go rent it. The bad guy doesn't get off free.... Hang in there Cynthia! Your excellent article has struck a nerve and I am glad to see you repeat and repeat your simple point. Let me support by pointing out again that we have THREE BRANCHES OF GOVERNMENT. The EXECUTIVE (Obama)branch is a vision and oversight branch that should base itself in pursuit of the greatest good for the whole country. The LEGISLATURE (Congress)is responsible for making and passing legislation and budgets for running the country. The JUDICIAL branch is charged with maintaining the rule of law. To return to Constitutional government EVERYBODY must do THEIR OWN job. Obama's pledge to support the Constitution means he promises not to rearrange the government (as Bush/Cheney did). It is up to the Judiciary to redeem it's role by pursuing the Bush/Cheney investigation. We the people must make this happen with phone calls, e-mails, letters, and class action suits and not expect the President to step outside of his Constitutional role. He must remain neutral so as to unify and govern ALL of the people of this nation, not just the progressives. The best he can do is allow Justice to be served however the American people or international courts can make it happen.

Romania's Nicolae CeauĹźescu

Romania's Nicolae Ceauşescu (and his wife Elena) was executed on Christmas Day, 1989. They were not 'strung up' as a previous poster mentions. From Wikipedia: "The Ceauşescus were executed by a firing squad consisting of elite paratroop regiment soldiers Ionel Boeru, Dorin Cârlan and Octavian Gheorghiu who shot them with AK-47 assault rifles." They were charged and found guilty of genocide.

Sorry, Cynthia, I'm not

Sorry, Cynthia, I'm not buying it. Our Judicial Branch is not going to do ANYTHING if no one gets the ball rolling. If Congress and the Executive refuse to get it rolling, who will? And how do we get the Hague to prosecute? Our country has clearly abdicated it's responsibility to do so, so I think we're going to have to look elsewhere for Justice.

Why the double standard? If

Why the double standard? If someone tortured your husband or lover, would you be satisfied with finding out the truth? If someone murdered your family members, would you think it was fine to let them go free, and call for a truth commission? The Bush regime tortured or killed countless innocent people. They should be punished. If you disagree, why are you not calling for the dismantling of our entire justice system and the release of all prisoners held in our country?

Then let the legislature do

Then let the legislature do the people's business. Investigate and indict for crimes if crimes were committed. The American were injured, our Constitution soiled. Those who did this must not be around to do it again. The walked in Reagan's time, the walked again in Bush's time. Are we going to let them walk again?

Instead of letting our anger

Instead of letting our anger guide us, I prefer the MLK Jr. approach, which he used to characterize his strategy in the civil rights campaigns, but which also works here: "[The civil resistance we are applying] causes no explosions of anger, it does not instigate riots, it controls anger and releases it under discipline for maximum effect."

To Reconcile: to restore to

To Reconcile: to restore to friendship, compatibility, or harmony b : to adjust, settle [reconciling differences]... No where in the rather lengthy definition of this phrase is there any mention of JUSTICE, or Law enforcement; or judgment - rather, it refers to the settling of differences between equals. I can reconcile my bank balance. I cannot reconcile myself to being governed by thieves and murderers. Even less than being interested in 'reconciliation' with the Bush Administration and their Allies, is my interest in pretending everything is fine because we are under a new Administration. Is there enough white-out to erase the past 8 years and the damage to our system of laws? So I am an angry and frustrated 'Progressive'. Sue me for my bad attitude if you want, but don't elevate your opinion above that of ours. How many times have I had to listen to people saying that what my government does is my fault because I am a citizen of this criminal cartel. Hogwash. How can it be my fault when I am not only powerless to change it but have to put up with being sneered at by elite pseudo-intellectuals.

From what I can remember,

From what I can remember, the Ceausescus were taken from their home by a mob, and then turned over for execution. I don't doubt there are those who would like the same to happen to Bush/Cheney. We still are a country of laws, though these two un-American pseudo dictators did all they could to subvert law, and remember, Bush called the Constitution just a God-Damned piece of paper. Just think, a bit of mob action in December 2000 could have saved this country from eight years of Bush! Remember, it was mob action by those in Boston and other New England site in 1774 and 1775 that led to the forming of the USA! The Serbians forced out Milosovic, and the street mob of who knows how many tens of thousands had gathered in front of Belgrade's capital demanding that he step down, and the next thing he knew, he was in the dock at the Hague!

Truth & Reconciliation? What

Truth & Reconciliation? What mind-boggling nonsense. Are the Afghans & Iraqis invited? they are the injured parties..or is it just a reconciliation between the co-partners in crimes, the party that formulated & executed the policies & the party that approved & financed them. Aren't the hit-man & the guy who picked the target & paid him both guilty of murder-for-hire? There won't be a criminal investigation because the leaders of the Democrat party are legally complicit. These crimes were bi-partisan. As for President Obama & his Audacity of Hope.. well, I have the Hope but does he have the Audacity? I doubt it. I have never been so disappointed in a president in such a short time & I've seen nine of 'em.

Cynthia, I had to write

Cynthia, I had to write again after all of comments suggesting that you don't want to prosecute the Bush Administration for crimes. I believe the response are a direct result of the framing of national issues by the Bush administration. They have set this standard that we can punished those in the bureaucracy or in politics who don't agree with our position. This is a dangerous position that threaten very underpinning of democracy. Equally important to the punishment of Bush and Cheney is the understanding that justice is carried out in fair and non-partisan way. We must break the cycle of political reprisal and reestablish our pursuit of the ideal of rule of law

Regarding the statement that

Regarding the statement that "... it is not the job of the president himself to seek such 'justice'": Is this not the very commission of the Excutive arm of government under the Constitution? If investigation, and prosecution where appropriate, is not to take place through the process established by law, is this not a statement that justice can be brought about only through an extralegal process, and if so, how is this consistent with the principle of the rule of law? Also, while prosecution of crimes should not be carried out on the basis of its political advantage to the prosecutor, does this necessarily mean that no legitimate pursuit of criminals is possible, or that no such pursuit should occur where political advantage would accrue to said prosecutor?

America's ultimate global PR

America's ultimate global PR disaster will come after Congress meticulously and oh-so-slowly prepares a so-called "truth and reconciliation" document that includes all the bad things that happened under the Bush administration and nearly none of the culpability for those things (as if nearly EVERYONE does not know what these things are by now). It is then followed by Spain, or Germany, or the Netherlands, or Iraq, issuing arrest warrants for BushCo that goes straight to the heart of the matter: international laws were broken, thousands, if not millions, of lives were lost based on lies, fraud, and hubris, and the rule of law can ONLY be maintained through the prosecution of crimes committed, and justice served.

If the crimes of Bush &

If the crimes of Bush & Company are not prosecuted, their criminal excesses stay in place as policy for this and future administrations. If we look past these crimes, we will be saying to this and other administrations that there are no consequences for executive branch lawbreakers, and that political expediency and the illusion of bi-partisanship is more important than protecting and preserving the Constitution of the United States. It will make little difference whether the DOJ, or the President himself, goes after high crimes, it will be still be characterized as vindictive by the defeated and the culpable. Are we to be reluctant to confront illegality even when the principals publicly and brazenly admit to authorizing torture, secure in their belief that they cannot, or will not, be called to account?

I say not reconciliation nor

I say not reconciliation nor retribution, but justice and the rule of law. For the purpose not of revenge, but of establishing precedence, and demonstrating that there are no special people and crimes who are above the law.

Truth and Reconciliation

Truth and Reconciliation Commissions are usually used in cases where the crimes committed have been so extensive and longstanding that it is thought unwise to seek specific prosecution of crimes during the oppressive period. As such, a degree of clemency or forgiveness for the perpetrators is implied. I believe that the vitriol of some of the comments arises from the desire to see specific and extensive prosecutions of members of the Bush/Cheney cabal and a rejection of the idea of forgiveness implied by a Commission.

What ever happened to

What ever happened to prosecuting the law? The allegations have been made and its time to call in the grand jury. That is what happens to poor not connected to power individuals and in the USA that is what should happen to our government leaders. All of this talk is totally stupid. They either broke the law or they didn't and me and a lot of other people think they did. It's pretty obvious isn't it? Our justice system just screws the poor. I heard on the national geographic channel last night that there were 800,000 people incarcerated for marijuana, with most of them in for possession. We have no protection from the heavy hand of the law, but the well connected do. No Justice, No Reconciliation!

EYE ON THE BALL. There is a

EYE ON THE BALL. There is a Constitutional standard here. All of those in office who are the Citizen's Representatives, members of the House and Senate, swear an oath, “To protect and defend the Constitution of the United States against all enemies both foreign and DOMESTIC”. Lawyers take the same oath. Implied in this oath is that there can be domestic enemies of the legal bedrock of our Constitution. Clearly, the Bush Administration used the offices of the Attorney General and every other office to subvert the balance of powers and the relationship of civil and statutory law. Bush’s method was to confound and obfuscate clear legal standards by falsely inflaming fear. The aim was war profit at the expense of our Constitution. This threatens everyone because it elevates extra legal standards and substantiates arbitrary law. The problem, then, is not whether we can forgive wrongdoing and move forward. It is not “whether” laws were broken, although this is unquestionable. Bush and Cheney publicly admitted authorizing torture. These are the most serious of crimes. They are High Crimes against the Constitution and War Crimes. The preeminent issue for American citizens is whether there was a systematic subversion of bedrock law of the Constitution and its various legal expressions by the Bush Administration. The issue is so large that we tend to miss it because it involves racketeering, and the intentional undoing of the Constitution.

"The Constitution in Crisis"

"The Constitution in Crisis" written by Ranking Member Rep. John Conyers’ House Judiciary Committee Minority Staff Report in 2005 said this about the Bush Administration up to that point, “There is a prima facie case that these actions by the President, Vice-President and other members of the Bush Administration violated a number of federal laws (i.e. Felony Crimes), including (1) Committing a Fraud against the United States; (2) Making False Statements to Congress; (3) The War Powers Resolution; (4) Misuse of Government Funds; (5) federal laws and international treaties prohibiting torture and cruel, inhuman, and degrading treatment; (6) federal laws concerning retaliating against witnesses and other individuals; and federal laws and regulations concerning leaking and other misuse of intelligence.”

I agree that President Obama

I agree that President Obama should not "lead" the charge for prosecution. However, a "truth commission" is just BULLSHEET! Mr Obama should quietly direct the Justice Department to file charges as soon as possible and indite these criminals as we ALL know what they have done. The reason everyone is so upset and touchy about this right now is that we see "no change" so far on how these crimes by the elite are being handled. If crimes of just a fraction of these were committed by any "common" citizen, they would already be arrested and looking at jail time, plain and simple. We are all just worried that it is going to be "business as usual" with these criminals because they have political power. The time to fix this is NOW! It is VERY DANGEROUS to allow them to just walk away as we all know how this sets a precedent and will happen over and over again as we have seen for many years. "We the People" want justice to stop this and show the rest of the world that America and its people do not condone these crimes for any reason! Politically, Mr Obama is correct for not leading the charge, but he should simply see that it (prosecution), is done. Here's a thought... They are seizing ALL assets of individuals involved in criminal gang activity in LA, probably under the "get tough on crime" laws or the RICO act. When the gavel goes down on Bush, Cheny, Rumsfield, and the rest, ALL assets of all involved should by seized. These people are just as dangerous or more-so than the thugs on the streets.

Reconciliation and

Reconciliation and Retribution have nothing to do with justice under the Law. they are only subjective consequences of the rule of law being followed correctly or incorrectly. in other words some will see reconciliation and others will obviously see retribution by any actions taken towards investigations, prosecutions, and punishments. so the important thing is transparency, diligence, and holding correctly to the rule of law in these matters. not doing anything or handling this with anything but the utmost seriousness and expediency will bring this nation nothing but more and even worse pain in the future. lets finally stop the spin-madness, ignorance and attendant denial this country has put up with for far far too long. all should be equal under the law, and no one is above it.