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Obama Open to Prosecution, Probe of Interrogations

by: Jennifer Loven  |  The Associated Press

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President Barack Obama says the question of whether charges will be brought against Bush administration officials who devised torture interrogations will be a decision for Attorney General Eric Holder. (Photo: AP)

    Washington - President Barack Obama left the door open Tuesday to prosecuting Bush administration officials who devised the legal authority for gruesome terror-suspect interrogations, saying the United States lost "our moral bearings" with use of the tactics.

    The question of whether to bring charges against those who devised justification for the methods "is going to be more of a decision for the attorney general within the parameters of various laws and I don't want to prejudge that," Obama said. The president discussed the continuing issue of terrorism-era interrogation tactics with reporters as he finished an Oval Office meeting with visiting King Abdullah II of Jordan.

    Obama also said he could support a congressional investigation into the Bush-era terrorist detainee program, but only under certain conditions, such as if it were done on a bipartisan basis. He said he worries about the impact that high-intensity, politicized hearings in Congress could have on the government's efforts to cope with terrorism.

    The president had said earlier that he didn't want to see prosecutions of the CIA agents and interrogators who took part in waterboarding and other harsh interrogation tactics, so long as they acted within parameters spelled out by government superiors who held that such practices were legal at the time.

    But the administration's stance on Bush administration lawyers who actually wrote the memos approving these tactics has been less clear and Obama declined to make it so. "There are a host of very complicated issues involved," Obama said.

    White House chief of staff Rahm Emanuel said in a television interview over the weekend that the administration does not support prosecutions for "those who devised policy." Later, White House aides said that he was referring to CIA superiors who ordered the interrogations, not the Justice Department officials who wrote the legal memos allowing them.

    The president took a question on the volatile subject for the first time since he ordered the Justice Department to release top-secret Bush-era memos that gave the government's first full accounting of the CIA's use of waterboarding - a form of simulated drowning - and other harsh methods criticized as torture. The previously classified memos were released Thursday, over the objections of many in the intelligence community. CIA Director Leon Panetta had pressed for heavier censorship when they were released, but the memos were put out with only light redactions.

    Far from putting the matter in the past, the move has resulted in Obama being buffeted by increased pressure from both sides.

    Republican lawmakers and former CIA chiefs have criticized Obama's decision, contending that revealing the limits of interrogation techniques will hamper the effectiveness of interrogators and critical U.S. relationships with foreign intelligence services.

    The release also has appeared to intensify calls for further investigations of the Bush-era terrorist treatment program and for prosecutions of those responsible for any techniques that crossed the line into torture.

    Obama banned all such techniques days after taking office. But members of Congress have continued to seek the release of information about the early stages of the U.S. response to the Sept. 11, 2001, terror under former President George W. Bush. Lawsuits have been brought, seeking the same information.

    Obama said an investigation might be acceptable "outside of the typical hearing process" and with the participation of "independent participants who are above reproach." This, he said, could help ensure that any investigation would be a tool to learn, not to provide partisan advantage to one side or another.

    "That would probably be a more sensible approach to take," Obama said. "I'm not saying that it should be done, I'm saying that if you've got a choice."

    The president made clear that his preference would be not to revisit the era extensively.

    "As a general view, I do think we should be looking forward, not back," Obama said. "I do worry about this getting so politicized that we cannot function effectively and it hampers our ability to carry out critical national security operations."

  

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"Could" is not "will" open

"Could" is not "will" open investigation/prosecution by DOJ. Remember when we all laughed at Pres. Bill Clinton being called "slick Willy"? President Obama has been a professor of Constitutional law. He knows but doesn't want to do the legal thing.

The critical statement of

The critical statement of the piece is the last paragraph. this is inevitable if we pursue these people as criminals. We have no time or money to waste on these people. Just let them be gone but not forgotten and after we accomplish a surplus in our national budget, that is the time to waste funds on fools. PRF

There are many who have

There are many who have intact moral bearings were the President inclined to follow his own. The risk of domestic political division over trials of accused criminal policy makers pales compared to the risk of future administrations reviving lawless tactics that went without criminal sanction. Would he rather that the trials be held outside of the United States, under the universal jurisdiction that war crimes, crimes against peace and against humanity fall under? President Obama would also be well advised to quickly reconsider his embrace of the throughly discredited Nuremberg defense that the CIA and other torture operatives were "only following orders," legitimized by legal, albeit faulty, opinion. If individual morality is not shocked by torture, psychopathy must be suspected. Does the US want their intelligence workers teamed with such? Notwithstanding the "dangerous world" that the President posits to justify protecting his torturers, were the US economy to cut back on imperial exploitation the world would become far less dangerous, for everyone.

I prefer to believe that the

I prefer to believe that the President is being smart. He could, of course, exercise his pardon authority in any particular case, or in all cases, either pre-emptively and immediately, before the legal processes run their courses, or later, but still before punishments are administered. He has not chosen to do that, at least not yet. I think what he's really worried about is having the whole matter turn into a purely partisan fracas, which would paralyze everything and be very bad in many ways, especially for his agenda and legacy. If that's his main concern, then it makes good sense for him to avoid saying anything that sounds like he might be interested in revenge. So simply letting normal legal processes run their courses is really his best option, because it leaves him with the most options, and in a position to do some horse-trading later, maybe. It was clearly a mistake to sound like he was in favor of pardoning Yoo, Bybee, and the rest, and now he has backpedalled on that in a very measured way that defers to the law in every way. Good move.

Justice must be shaped

Justice must be shaped slowly and people awakened slowly to what has occured not just under this administration but for many years. This can wait for now. The nation and its people are already so politicized that wasting time and energy is wrong minded - but Justice can wait, accumulate the facts and seek truth, not vengeful which is also wrong minded. This history must be contended with at some point so as to never repeat these errors and corruption of our institutions ever again. Let Holder find the evidence while, if Obama can, save the nation from further harm and wrongdoing.

It is critical that

It is critical that investigations begin--and prosecutions come. This is a country where, as Thomas Paine said, the law is king and there ought to be no other. The people of this country know, and to do nothing in the face of that knowledge is inexcusable, and paves the way for further dismantling of our republic. The free world is waiting to see if we have the courage it takes to prosecute war crimes against our own leaders as well as demand the prosecution of others not American.

Part of a review of "The

Part of a review of "The Reader" by Roger Ebert: "There are enormous pressures in all human societies to go along. Many figures involved in the recent Wall Street meltdown have used the excuse, "I was only doing my job. I didn't know what was going on." President Bush led us into war on mistaken premises, and now says he was betrayed by faulty intelligence. U.S. military personnel became torturers because they were ordered to. Detroit says it was only giving us the cars we wanted. The Soviet Union functioned for years because people went along. China still does." So... will we citizens "go along"... again? We are so entangled in a pervasive web of deceit, that we could miss this chance to begin unraveling it and to get our moral compass back.

Bush, Cheney arrests

Bush, Cheney arrests inauguration day was too late already by some people's opinions. Although it would have been delightful to see Cheney getting handcuffed to his wheelchair, I think President Obama is handling things beautifully. If not by this country, I can now see that the Bush administration will pay for their arrogance and complete contempt for the constitution of the United States and for everything that humanity should hold in respect, one being, human dignity.

President Barack Obama left

President Barack Obama left the door open Tuesday to prosecuting Bush administration officials who devised the legal authority for gruesome terror-suspect interrogations...... LEFT THE DOOR OPEN...??????????.... President Obama is... ''OPEN TO PROSECUTIONS''....????????????????????????...... Does this also mean HE IS OPEN TO THE IDEA THAT SOME IN AMERICA ARE ABOVE THE LAW and such an idea creates this ''OPEN TO ''Concept-Conflict he seems to now be publicly engaged in with himself as if he struggles to resolve Right from Wrong over a NON-ISSUE..? If WE are not all living in Wonderland, but rather, in America where we have and continue to tell all the World that WE are a Nation of Laws no one s above--- not even Presidents... Then the Path is Clear. There is no 'Issue'... There is only what needs to be done.

Whatever happened to

Whatever happened to restoring the rule of law? Since when, is investigating and prosecuting crimes retribution and partisan, torture is a crime, worse yet, a war crime. Obama’s use of platitudes like, “we must look to the future and not dwell on the past”, implicitly makes the Bush administration above the law. Furthermore, the Department of Justice is an independent arm of the Executive Branch. It is not a tool used only when it is politically expedient for the party in power. Consequently, if U.S. Attorney General Eric Holder does not approve the investigation of these crimes and the prosecution of the guilty, he is no better than Bush’s Attorney Generals, who obediently politicized the Department of Justice over the past eight years were. Therefore, appointing an independent prosecutor to investigate these and other crimes of the Bush Administration is the best way to resolve these miscarriages of justice and not set a president for future lawless Presidents.

Anyone, who refused to

Anyone, who refused to answer Congressional sopoena should be arrested by the Congressional Sargent at Arms and prosecuted. Anyone who participated in the wiretapping and spying without warrants and probable cause should be arrested and prosecuted. Anyone who participated in the torture and illegal detention of POWs should be arrested and prosecuted. Anyone who knew about and promoted the exposure of Valarie Plame should be arrested and prosecuted. There are many other legally questionable activities that should be looked into such as no-bid contracts for Halliburton, war profiteering, negligence of FEMA under Brownie etc.

If the US govt. backs down

If the US govt. backs down from prosecuting highflying crimes then there is no reason to beleive that any other country will do it, succeed in it or even, as Garzon in Spain with Pinochet, try it. If we don't prosecute then NĂĽremburg, Geneva and a host of other conventions and jurisprudence painfully arrived at over the last 60 years, will be moot. And the lawlessness of the sly will be vindicated all wrapped up in any nationalist flag.

If we prosecute, maybe

If we prosecute, maybe terrorism would become less of a threat. Presuming international policy is the root cause of terrorism. And this would make a great start for detente To say it would weigh down the administration holds no water. Mr. Clinton showed he could function through out all of the hell leveled against him. And I doubt the same circus atmosphere would prevail. This is truly serious stuff. Maybe enough of us have spoken out to make President Obama worry about re-election. If not, we should.

Investigate, indict,

Investigate, indict, prosecute, and find guilty Bush, Cheney, Rumsfeld and others. Those who champion these thugs as well as terrorism: DO NOT CALL YOURSELF AN AMERICAN!

Just as with America's

Just as with America's response to the economic meltdown based on irresponsible deregulation gambling with other people's money, our response to the Bush crimes will affect the future, more than the present. Just as when a decision involves whether to develop a clean energy economy rather than allow the oil and coal industries to hold us hostage to what we now believe are planet endangering energy sources for their profit, the decisions about who to allow to get away with international crimes against humanity will impact future generations more than our own. So it's obvious that this is in no one's interest in the present. But America must decide whether it is a nation ruled by laws or by people, because we continue to call ourselves a nation ruled by laws, and this just isn't true at present. As time goes by and nothing is done to hold likely criminals to account, the beacon of light and hope that is America dims.

Hey, what is wrong with

Hey, what is wrong with selective enforcement of The Constitution? Should we not trust "elected" "leaders" to do whatever they want? --- NO, I think. --- Investigate and prosecute. If Mr. Bush and Mr. Cheney get PARDONED, that would keep them out of jail with anyone else found guilty. I mean, we jail guys for smoking pot but let off people who authorize torture and the death of thousands? Let's get all of this stuff out in the open and let people who are versed in the laws of the land make decisions about what laws were violated and by whom, when. Or not -- we can operate like Somalia.