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Sunday, July 12, 2009

AG Holder might appoint criminal prosecutor to investigate torture, but Obama's "top political aides have expressed concerns"

The Attorney General could be appointing a criminal prosecutor to investigate torture allegations. Prosecutors don't appoint criminal prosecutors unless they believe crimes have been committed. And, it really does appear that crimes have been committed in the name of our government. That warrants an investigation, at the very least:

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.
So, the AG must at least believe crimes have been committed and wants to investigate. But, "top political aides" are apparently objecting. This shouldn't be about politics. This is about the rule of law. That should preempt politics. We know craven political calculations came first in the Bush administration. We're supposed to be getting something different from the Obama administration. We'll see soon which prevails: craven politics or respect for the rule of law. Perhaps we can heed the words of Joe Biden from the the campaign, when asked about the possibility of prosecuting Bush officials over Guantanamo:
Mr Biden said at an event in Deerfield Beach, Florida: “If there has been a basis upon which you can pursue someone for a criminal violation, they will be pursued, not out of vengeance, not out of retribution, out of the need to preserve the notion that no one, no attorney general, no president - no one is above the law."
No one is above the law. That's a good operating principle -- even for Dick Cheney. And, this investigation will probably implicate Cheney.

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