Bush Officials May Face Prosecution for Torture Policy
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While clearly showing caution, taking care to repeat his position that prosecutions of former officials could be counterproductive, Pres. Obama today signaled that he does not rule out that some legal avenues may exist by which former Bush officials could face charges in relation to “enhanced interrogation” policy. The president did not, however, endorse any process of prosecution or call for action against any officials, saying instead “I don’t want to prejudge” what the attorney general might find legally necessary.
There has been significant pressure from all sides on this issue, with Obama’s grassroots base calling for prosecutions and jail sentences for officials involved in justifying and promoting acts of torture and conservative Bush allies decrying the release of the memos —revealing new information about the extent of harsh techniques used in some interrogations— as harmful to national security.
One problem for Obama’s moderate approach —aimed more at avoiding a political firestorm and the resulting quagmire than at forgiving or forgetting— is that those opposing the release of the documents seem to have little to argue for other than protecting Bush officials from legal liability. There is clearly a confluence of personal interest in each of the defenses given publicly by figures like former VP Cheney and former CIA director Hayden.
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What’s more, Cheney, who has claimed the memos should never have been released, requested (weeks before the memos were released) the release of top secret CIA interrogation documents that he says would show the success of the harsh techniques, causing worry among current officials, as well as career intelligence and military personnel, that Cheney’s aim is to reveal as much as possible about acts committed in an effort to prove to the world that torture might actually be a useful tool.
And, there’s the ongoing investigation in Spain, in which a court seeks to indict 6 former Bush administration officials, including the former AG Alberto Gonzales, and Cheney’s own former chief of staff, for their role in crafting the interrogation policies that many say amount to illegal torture. 5 Spanish citizens were allegedly subjected to that torture while in the custody of the Bush administration’s network of anti-terror detentions.
That case could yield information that would compel US courts to take action, so as much as Pres. Obama would like to “turn the page”, he can’t be perfectly committed to not prosecuting. There have been drafts of legislation presented to Congress calling for a sort of “truth and reconciliation” commission, in which those who own up would be immune from prosecution, calling for outright prosecution, or calling for Congressional hearings to decide which avenue to take.
It is, of course, those closest to the actual policy itself that have been most adamant about the need to keep it all hush-hush and not seek any responsible party to punish, if indeed American laws were violated. This undermines the credibility of the argument that there should be no investigation, as their reasoning is rich with self interest and the desire to not face prosecution.
For the time being, the new administration may be hoping to tackle the major crisis situations assailing it from all sides, “inherited” from the previous administration and the result of that administration’s policies, without the added problem of a noxious and politicized prosecution of top officials. But Pres. Obama is a Constitutional scholar and a vehement defender of human rights; he banned abusive interrogations on his 2nd day in office, and it would make sense he would not “close the door”, so to speak, on prosecutions altogether.
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