Finally. According to the Washington Post, Eric Holder is seriously considering appointing a special prosecutor to investigation whether US personnel tortured terrorism suspects in the aftermath of the September 11 attacks. The leak of his consideration is likely a trial ballon to test the political waters. Hopefully, the Obama administration will stand tough on this issue, and Eric Holder will proceed to do the right thing.
Attorney General Eric H. Holder Jr. is leaning toward appointing a criminal prosecutor to investigate whether CIA personnel tortured terrorism suspects after Sept. 11, 2001, setting the stage for a conflict with administration officials who would prefer the issues remain in the past, according to three sources familiar with his thinking.
Naming a prosecutor to probe alleged abuses during the darkest period in the Bush era would run counter to President Obama’s oft-repeated desire to be “looking forward and not backwards.” Top political aides have expressed concern that such an investigation might spawn partisan debates that could overtake Obama’s ambitious legislative agenda.
The White House successfully resisted efforts by congressional Democrats to establish a “truth and reconciliation” panel. But fresh disclosures have continued to emerge about detainee mistreatment, including a secret CIA watchdog report, recently reviewed by Holder, highlighting several episodes that could be likened to torture.
Attorney General Eric H. Holder Jr. is leaning toward appointing a criminal prosecutor to investigate whether CIA personnel tortured terrorism suspects after Sept. 11, 2001, setting the stage for a conflict with administration officials who would prefer the issues remain in the past, according to three sources familiar with his thinking.
Naming a prosecutor to probe alleged abuses during the darkest period in the Bush era would run counter to President Obama’s oft-repeated desire to be “looking forward and not backwards.” Top political aides have expressed concern that such an investigation might spawn partisan debates that could overtake Obama’s ambitious legislative agenda.
The White House successfully resisted efforts by congressional Democrats to establish a “truth and reconciliation” panel. But fresh disclosures have continued to emerge about detainee mistreatment, including a secret CIA watchdog report, recently reviewed by Holder, highlighting several episodes that could be likened to torture.
Update: Here is an excellent view on the matter from Tim F. at Ballon Juice:
To put it bluntly, this strategy is a goddamn disgrace. We called it whitewashing when the Bush administration made a few grunts pay for the orders they followed at Abu Ghraib. We called it a disgrace because that’s what it was. What do you think we should call it now? I don’t feel much sympathy for the sadistic creeps who will pay for their superiors’ sins this time any more than than I feel for Chuck Graner and Lynndie Englund. Interrogators who took it on themselves to surpass even the sick boundaries of Yoo’s torture memos deserve to answer in court. Nonetheless, to stop there and call it justice makes me physically ill.
Update 2: Much more from Glenn Greenwald at Salon.
Holder’s likely decision makes no more sense from a purely utilitarian perspective. The kind of investigations that are worth a major prosecutor’s time start at the grunt level so they can build a case against bigger fish. Handling it like this looks almost exactly the same as asking a mafia prosecutor to focus exclusively on the goons who got a little too enthusiastic when they beat up card players behind on their debts. Ordinary citizens would have a hard time seeing that as a terribly serious effort to bring down organized crime.