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White House Insists on Confirmation of Torture Memo Author

It's starting to seem all of a piece.

Yesterday, administration officials publicly acknowledged that CIA agents, with Justice Department authorization, had waterboarded three detainees. And the administration is eager to prevent that authorization from being threatened. According to Senate Dems, the White House has refused to strike a deal on pending nominees until the Senate deals with the Justice Department official who's authorized the use of enhanced interrogation techniques including waterboarding.

For more than three years, Steven Bradbury has been the acting head of the Office of Legal Counsel, the crucial Justice Department office that has the power to issue "advance pardons," as former OLC head Jack Goldsmith put it. But Senate Democrats, because of Bradbury's role in approving the warrantless wiretapping program and enhanced interrogation techniques that include waterboarding, have opposed White House efforts to have him confirmed and remove his acting status.

That hasn't kept him from the job, however. It is, after all, a position that is supposed to require Senate confirmation. While Democrats, especially Sen. Dick Durbin (D-IL) have held firm, Bradbury has simply acted as the head of OLC. The Dems say that the administration has broken the law to keep him in the spot.

Dems have returned Bradbury's nomination four times, and over and over again, the White House has renominated him, most recently last month. And today Senate Majority Leader Harry Reid (D-NV) and Durbin, the Senate whip, revealed that, in negotiations with the White House late last year before the Christmas holiday, the President refused to strike a deal on nominees unless Reid allowed him to recess appoint Bradbury. Reid said he'd offered to confirm 84 of the pending nominees, but the White House said no dice. From Reid's remarks on the floor earlier today:

He said that unless I would agree to allow him to recess appoint Steven Bradbury, he wouldn’t make a deal – he didn’t care if that meant no one got confirmed. He was willing to forgo the 84-plus nominees and the offers of recess appointments if he couldn’t install Mr. Bradbury.

On a conference call with journalists earlier this afternoon, Durbin said that White House chief of staff Josh Bolten has made it clear that until Bradbury is approved, no deal will be cut on nominees.

The White House apparently plans a kind of public relations push on the set of unconfirmed nominees, with the president himself expected to speak tomorrow. Today in the White House press briefing, spokesman Tony Fratto claimed that it was Senate Dems who were causing the problem: "It seems to me that the Senate only cares about one nominee, because they are willing to not fill over 200 positions in the federal government over the one position that they claim to have a problem with." (In the call, Durbin said he had no idea where Fratto got the 200 number from.)

Sen. Chuck Schumer (D-NY) called the administration's all-or-nothing stance on Bradbury "the most bogus issue they've found yet."


31 Comments

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It is essential that the WH retain Bradbury in the position. The whole issue of the "legality" of enhanced interrogation rests on it.

Godzilla forbid that someone like, say, James Comey or Jack Goldsmith end up in the position. Someone with a conscience and a sense of ethics could see approval for enhanced interrogation as what it is: a violation of the Geneva Conventions, a violation of the military's codes of ethics, and an affront to humanity.

Without Bradbury, it'd be way easier to make the case that this administration is riddled with war criminals. Can't open that door--no siree!

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Once again, I've got a comment with no attribution (5:03). I'm not trying to evade responsibility for my opinions!

Can someone please let me know why the "Post a Comment" section acknowledges me as "The Facilitatrix" and then posts the comment without my name, leaving a login form below my post as if I'm not logged in?

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I'm having the same problem.

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I'm glad I'm not the only one. I think this one will probably post OK, because I had to sign in right off the bat, but if I'm already signed in when I first enter a comments area, then my first post does as described, leaves my screen name out of the "Posted by" line and returns a login request when I am sent back to the comments page. And after that, it seems to work fine.

None Shall Pass.

Why is Bradbury the Key? Is this a legal issue in the sense that if the Senate confirms him they are also some how negligent of any passed wrongdoings based on approving his nomination?
Also if Reid's statement is in fact 'fact' then why can he not simply show us the actual documents which say that Bradbury is the only nominee which is holding up all of these other nominees? Why can't he just go on CSPAN and hold the conference live/public? Is everyone in congress afraid of the light? I mean aren't all these things legal? SO why are we so afraid?

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Because he's "on the team." If someone new comes into the OLC, they might not have as charitable an attitude toward the scofflaws once they are briefed on what has been going on under Bradbury's tenure.

"The Dems say that the administration has broken the law to keep him in the spot."--- what? surprise,surprise. The question Senators Durbin and Reid, is if Bush's action is illegal why aren't you doing something about the breaking of the law?

Ahhh, there's the rub.

The Congress can only INVESTIGATE crimes. They have no authority to prosecute. The Congress must refer all matters to (get ready for it!) the Department of Justice for prosecution.

TA DA!!!

Game, Set and Match.

It's why there has been no charges brought against any of those yahoos at DoJ that resigned last year. The White House has made it known that they will not be prosecuted anyway.

The list of presidential pardons that shrub will need to sign on his last day in office is probably going to need to be contracted out to a printing company.

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I am so sick of this s**t.....I am on my way out to break the law, as no one can do anything about it. Obviously, we should all do exactly as we please. No consequences.

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I agree with Quasimoto. The Democrats need to ask for national TV time to address the allegations of the president. The rationale must be that we are facing a constitutional crisis brought on by the president. He should use as examples the President's holding up of nominees in order to circumvent the role of the Senate in advising and consenting on nominations and the games being played with the FISA renewal in order to shield an administration and private companies that conspired to break the law. He should make it clear that the Senate will not confirm any nominee or pass any legislation when such tactics are used and that the president is the party at fault.

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"I am on my way out to break the law, as no one can do anything about it. Obviously, we should all do exactly as we please. No consequences."

Actually, I think only Republicans can break the law and get away with it at this point. The rest of us "peasants" are still on the hook.

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Dems will cave. Dems always cave.

"The Dems say that the administration has broken the law to keep him in the spot."

The administration understands the Catch-22 that's been hiding in plain sight. If you control the Justice Dept. who's gonna bust you? Congress? HA HA HA HA HA HA HA HA!

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I think we can safely assume that articles of impeachment are being drafted as we type. We all know that a Democratic controlled Congress believes in doing their duty above all else. All I am asking now, is what is the date the congressional hearings will begin, so I won't miss them.

I also plan to leave a tooth under my pillow tonight, so I can more easily pay some bills tomorrow.

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I think it's objectively true and not just my blinkered liberal thinking that the country is pretty much sick of George W. Bush, and those approval ratings aren't ever going to go up as the economy tanks. Given that fact, I do not understand why Democratic leaders do not keep up a steady drumbeat about what must now be hundreds of illegal acts by the administration. And that means not only that the Senate should reject retroactive telecom immunity, but the house should be pursuing those almost dormant contempt charges against Myers et al.

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Point well made.

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Good, no more king appointees. It's less than a year now. An empty chair is better than a king appointee. If there's no one sitting in the chair, they can't violate the law and screw the american people, can they? Nope. What a shame.

I had posted (unintentionally anonymously) the comment "I think it's objectively true..." above, and am now curious to see whether my noble name will appear. It does seem to be a confusing process.

Be careful what you insist upon: "White House Insists on Confirmation of Torture Memo Author" --
Then We the People should insist upon:
- Full disclosure of all alleged war crimes in re prisoner abuse, and use of illegally captured information to abuse POWs;
- A system of oversight for the legal community that will compel assent to the rule of law, not secret agreements to hide violations of Geneva, the Atty Oath, and Geneva;
- A credible oversight system for the attorneys that will compel meaningful, timely discipline when the attorneys do make frivolous argument justifying violations of Geneva;
- Timely FISA trials for the telecoms;
- Disbarment of attorneys allegedly complicit with violations of Geneva;
- Impeachment of the Vice President;
- Removal of the Speaker to make way for impeachment investigations;
- Fact finding to ensure we understand what needs to be corrected in the oversight sytem to ensure this arrogant abuse of power -- enocuraged by the attorneys -- end;
- Better oversight of the allegedly arrogant, disdainful fools infecting the Federalist Society, DoJ, WH Counsel's office, and OVP;
- A war crimes trial of all legal counsel allegedly complicit with these war crimes as evidenced by their alleged illegal memoranda which "justifes, argues for, and does not prevent or argue against" violations of Geneva -- the Supreme Law which the Constitution binds to the legal community through their oath; and
- End to the non-sense that "the Constitution does not confer rights"; rather, Geneva, as Supreme Law, is a consraint on US power, which constrains the President to fully implement and be bound by the laws of war.

why don't you good folks stop sitting around here bitching into your screens and go and actually do something about this

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hmmmmmmmmmmmm

"I didn't do anything wrong, and I won't do it again."

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KSM and the other two that got waterboarded at Guantanimo, got a MUCH better deal than Abu Musab al-Zarqawi. He was killed (assasinated, if you will) by using warplanes to bomb his hidaway.
Saddam got his neck stretched.

Who,among these folks, was treated the most
"humanely"?

My vote is KSM, et al, because they are still alive and "humanely" treated. Sudden death is too good for them.

Torture is evil, no doubt about that.
BUT, we, even in the role as victims of one of histories most heinous deeds, should not go to extremes. We like to think we are better than that. BUT, IMHO, because KSM and his buddies are not spies, saboteurs, "enemy combatants" or assasins, but demons of the worst kind, they are "special." Their minds should be scrambled, so they FEAR, to the point of drooling and screaming, at the approach or sound of another human being. They should be TERRIFIED for the rest of their days. And, in their cases, may they live long lives.

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"Reid said he'd offered to confirm 84 of the pending nominees, but the White House said no dice"

Which nominees, I wonder?

NO CONFIRMATION OF BRADBURY OR ANY OTHER NOMINEE BY THIS UNETHICAL, IMMORAL, ILLEGAL AND EVEN CRIMINAL PRESIDENT AND ADMINISTRATION FOR THE REST OF ITS TERM. It's a waste of time and effort by the Democrats, Senate committees and Reid to engage in this process being made a sham of by the Bush administration. These nominees go before Senate committees and lie as was obvious from Mukasey's confirmation hearings. There was no intent to change the Justice Department and if you remove the wrinkled face mask on Mukasey you'll find Alberto Gonzales just below the surface.

The Republicans have no interest in working with the Democrats for the good of America. Reid, stop trying to work with those who are only interested in theselves and those few in economic power. Use you procedural tools to stop the bad ACTIONS, the VERY BAD "Domestic Spying Law" - LET IT DIE EVEN IF IT REQUIRES A DEMOCRATIC FILIBUSTER TO MAKE IT EXPIRE, and CHANGE the presently bad economic stimulus package to include what is necessary for the most vulnerable Americans. THE DEMOCRATS ARE IN THE POSITION OF STRENGTH, USE IT! Checks can't go out until May. APPLY THE PRESSURE. FORCE Bush to Veto over and over again and FORCE the Republicans to filibuster over and over again. Make them stand up as the BAD guys that they actually are and FORCE rollcall votes to document each of their individual actions! IT IS NO LONGER THE TIME TO BE KIND. IT IS THE TIME TO SHOW THE AMERICAN PEOPLE WHERE THESE REPUBLICANS STAND SO THOSE UP FOR ELECTIONS CAN BE DEFEATED.

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Barack Obama said in 2004 on Charlie Rose:

"This raises a broader issue of the Democratic party. I think it is important for us to stand our ground and take our licks, rather than what sometimes our habit which is to cave and then whine about it afterward - which makes us not only look weak, but petty."

Great interview check it out.
http://video.google.com/videoplay?docid=-6111662663051664637&q=barack+obama

He had some prophetic statements about the newly re-elected GWB too. Man this guy really has his hand on the pulse of reality.

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The US has not benefited from any previous Bush appointments. There is no reason to believe that these 84 will be any better. On the other hand, avoiding paying their combined compensation might make a nice symbolic contribution to reducing the budget deficit.

Whoever wrote the blurb for this piece on the TPM main page needs to learn the distinction between Deputy Attorney General (DAG) and head of OLC.

"BUT, we, even in the role as victims of one of histories most heinous deeds, should not go to extremes. We like to think we are better than that. BUT, IMHO, because KSM and his buddies are not spies, saboteurs, "enemy combatants" or assasins, but demons of the worst kind, they are "special." Their minds should be scrambled, so they FEAR, to the point of drooling and screaming, at the approach or sound of another human being. They should be TERRIFIED for the rest of their days. And, in their cases, may they live long lives."

The only problem with that logic is who are "we" to make that determination that these people are demons? What if someone in Bushco decides that you or someone in your family is a demon and must be terrified for the rest of their lives? Without courts of law to make a determination on someone's guilt or innocents, there is no way anyone can say that these are in fact demons.

Can everyone see the "House of Cards" that Bush built now?

The legal justification for the actions authorized by the DoJ are essential to keeping A LOT of administration cronies out of jail for a very long time.

The penalties in the U.S. for authorizing torture is 20 years in federal prison. The legal opinions used to define waterboarding as something other than torture are in complete contradiction to existing law and decades of military and civil legal opinions. If they get new people in there and the definition of waterboarding gets reversed, then there are a whole LOT of people in really BIG trouble.

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Bradbury's continued presence in DOJ is Mukasey's firewall.

No torturers. It's that simple.

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