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Obama On Probing Bush GWOT Policies: "We Need To Look Forward"

It looks like an ambitious new effort to set up an investigation of President Bush and his top aides for potential crimes committed on their watch may have a had time getting traction.

As we reported last week over at Election Central, House Judiciary chair John Conyers recently introduced a measure to create a "National Commission on Presidential War Powers and Civil Liberties." The commission, whose members would be appointed by the resident and congress, would be designed to probe the legality of Bush administration policies on issues like torture, treatment of detainees, and extraordinary rendition.

But the president-elect appears lukewarm to the idea. Asked yesterday on "This Week With George Stephanopoulos" about the idea of a broad inquiry into those Bush administration programs, Obama said: "We need to look forward as opposed to looking backwards."

He added:

Part of my job is to make sure that, for example, at the C.I.A., you've got extraordinarily talented people who are working very hard to keep Americans safe. I don't want them to suddenly feel like they've got spend their all their time looking over their shoulders.

Here's the video:

So it doesn't exatly sound like Obama would be eager to sign Conyers' bill.

And the top two House Democrats, Nancy Pelosi and Steny Hoyer, weren't jumping to express their support for the bill when Election Central called their offices about it last week.


48 Comments

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Even if the objective is not jail time for the perpetrators, it is terribly important that the American public know the truth.

If Mr. Obama really believes in transparency, he'd support a truth and reconciliation committee, at the very least.

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I completely agree. I think that he's worried about being dragged into a long process that will expose the worst in America and possibly make the Dems look to be churning the pot. I'm not sure what or if the polls say on American's willingness to be dragged into this, but I think we need to know what we have done AND set policies so that it cannot happen again. I would say that we need a constitutional amendment, but it's already there, right? Maybe we need a clarification that we will treat anyone in our power as having the same rights as American citizens.

I am curious if Bush's cooperation, amazing considering how blockheaded the Bush admin has been before now, is partly based on the suggestion that Obama not throw us all into jail. I'm sure that there would be no agreement outright, but I can see Bush saying something to the tune of that he will cooperate fully and do anything Obama wants, but please think highly of me! The release of the money today at Obama's suggestion and Obama's reluctance to crucify the sitting president outright this weekend also suggest that they've decided to be amicable.

My long 2 cents.

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If the egrigioue crimes of this present administration are not investigated what is to prevent them or some other criminal act occurring in this one? Are we to blindly think our elected and appointed leaders are pure and above reproach? I can'r imagine them as bad as the current batch of cretins and miscreants but it is possible. If for no other reason, investigate to place barriers to it happening again. Bush's, "just a goddamn piece of paper" Constitution couldn't do it. With a little semantics they curdled it to mean whatever they wanted. I agree with AB transparency is imperative, but jail time if it is warranted is just as imperative. No one is above the law although this administration lowered the standards so low it was almost impossible for them to break it. Hell, Bush and Cheney should get life just for arrogance.

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John Dean said on KO that if we, as a country, do not address this, the international community will, and are actually already preparing to do so. International war crimes trials are not what we need. I don't want to deal with it either, but it must be done.

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We need to join the world court. We must join the world court.

Push for all international treaties to be signed!

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This is where WE come in. Time to call our reps and make sure that justice happens. Obama whats government by the people, so let's get f'n to it.

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Obama wants government by the people. Where's my internal spell checker?

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Obama is not about to play that card before he is even seated at the poker game.

Patience, people, back off the demands and vitriole. The sheer weight of the Bush era crimes will eventually open more than one can of worms, and neither Obama or the Bushes will be able to keep it from unraveling for the public to scrutinize.

I would guess there are alredy people on Obama's staff and throughout the whole sordid system who have secrets they want to tell, but couldn't tell during the years of the Bush junta. Now that the government is being re-established as the watchdog, not the enabler of this mischief, expect the truth to first trickel, then flow, then flood.

While most Americans agree Bush and Cheney need to be held accountable, even if it means prison time, Obama shouldn't be making any public statements to that effect, until he has the official authority to do something about it. Until then, he needs to be cautious and hold those cards close to the vest. And we should never forget what these creeps are capable of, especially when they feel cornered or wounded.

Remember Rove. It helps keep things in perspective.

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My guess is that the "Obama is a secret progressive who's just biding his time" meme is going to expire next Tuesday.

But I see no particular harm in spending another week humoring those who insist that Obama's evident refusal to punish those responsible for the crimes of the last eight years is just a clever maneuver until he is actually president.

If President Obama continues to say these things next week, will you then be angry at him, JEP07?

In the meantime, perhaps you can explain to me why someone secretly bent on punishing the guilty would issue--and through his spokespeople emphasize--statements to the effect that we shouldn't do so? Isn't he just providing material for his opponents when, in a week, he does a 180 and reveals that he, in fact, believes in punishment for the guilty? If he's really simply delaying the announcement of his real intentions until he becomes president, wouldn't it make more sense for him to say nothing or be evasive? Can't we all agree that Barack Obama is a better politician than this?

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But I see no particular harm in spending another week humoring those who insist that Obama's evident refusal to punish those responsible for the crimes of the last eight years is just a clever maneuver until he is actually president.

Well, the other option is for you to explain how he would "punish" anyone who hasn't been found guilty of anything in any court here yet, before he has actually been sworn in as president. And others have noted that it's mainly the responsibility of the Congress and judiciary, but if you want to label him as some sort of phoney for not saying that he'll do something as you want him to, fine.
The Constitution works both ways--those who violate it should not avoid responsibility, but the Constitution includes several safeguards for the accused, including the right to a fair trial before anyone is "punished".
I understand that when the president and vice-president essentially admit to breaking the law on national television, some folks might want to jump to the punishment stage. But there need to be investigations and trials first. Congress definitely failed in its oversight, and Bush's DOJ was just a wing of the RNC, so yeah, Obama will need some time to sort things out.
Or you can just declare him a phoney progressive and start preparing your primary challenge in 2012, whatever.
But you might want to read the Constitution first before you start complaining about how Obama didn't "punish" anyone before a fair trial.

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I'm with you, JEP.

His new AG and OLC are both on record that War Crimes must be investigated. That's their job to address, not his. He's president. They're justice. (And Dawn Johnsen is on record saying that the job of OLC is to "say no to the president." If she says they have to investigate... he may just knuckle under...)

I agree with you that the sheer weight of the crimes will force investigations. And in this case, all it will likely take is one lance into the huge pus ... and it will lead everywhere.

I myself intend to keep up the pressure to force the pus to the light of day. The abscess must be lanced!

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So another wimp..another "when the President or any one in Congress (or any one with enough money) does it..thats means its legal" advocate..we voted in another damned "we got (double) standards here in Washington D.C....." I'm hoping off your band wagon Mr. Obama..just another crook with darker skin and a prettier line of bullshit

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I'll let Joe Biden speak for me...

"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."

http://www.guardian.co.uk/world/2008/sep/03/uselections2008.joebiden

Pursue Bush to fullest extent of the law- don't make the world courts do it for us.

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If the world courts are forced to do it, it would be an embarrassment to us all. Has there ever been any stirrings that other nations would be inclined to act against us, or are they playing 'wait and see'?

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John Dean implied they are gearing up for war crime charges for torture by ignoring the Geneva Convention rules, but will wait to see if our Justice Department under PE Obama acts on this before they do.

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It could be difficult for the world to prosecute. We have a better case if we prosecute ourselves here in the U.S.

more here:

http://news.yahoo.com/s/mcclatchy/20081219/pl_mcclatchy/3127246_1

Conyers has also suggested the World Court could get involved. "Stay tuned," Conyers said.

I wonder if the Bush 10,000 acres in Paraguay stories were true?

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Good article. So we need an independent investigation and need it soon. My comments above are about Obama's stance, but it seems to me that we need someone who is less tied to any administration doing the investigation. I hope that we get this done and soon.

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The powerful mobsters in Washington are STILL in Washington and are STILL powerful. Our votes made sure of this.

Obama and anyone else new to the group know all too well that the only way of remaining viable and influential among that mob is to go along with them and not make too many waves.

The fact is, a competent investigation will harm many of those people, including some just appointed by Obama (remember... Clinton and most others were too busy doing their "social" thing to read the information before sending other peoples' relations to their doom in Iraq). Just remembering this brings my blood to a boil, I'm pretty certain more folks will learn much more negative information about many of the clowns there in Washington.... many whom are still in powerful positions.

"We the Voters" have already decided to put this at rest and not bother the folks we have decided to lead us down this destructive path which, more and more, appears to be leading us and our children to destruction... IMHO

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In principle, I agree that we wouldn't want a never-ending investigation of Bush crimes to interfere with addressing the problems we face. But it doesn't have to. The bill under consideration would create a separate commission who would do most of the heavy lifting. This is exactly the right approach. I don't see a big problem here.

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Agreed. And I can't see Obama ignoring the outcome, unlike Bush did with the 911 report.

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Another one that thinks he is above the law.
When is he going to understand that following the Constitution and obeying the laws is not an option.

It is not an option to investigate, indict and prosecute someone that broke the law.

The only legimit answer is to say that he will follow the Constitution.

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Yes, it is not an option to investigate. But it's not the president's job. And he has appointed people who are on record for saying this cannot be put behind us. He'll bow to OLC and DoJ. This is their job.

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This sentiment, coming from Obama, makes me want to throw up my hands in disgust. Coming on the heels of the Clinton impeachment, to simply call the Bush lawlessness "politics of the past" is disingenuous and dangerous. There is simply no excuse for not "looking backwards" while still looking forward. Especially when it involves potential lawbreaker at the highest level of our government.

I am hoping that SOMETHING substantial is done within the first, say, 4-6 months of the new administration. If not, I'll be done with the political process in America.

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Let's raise our voices as much as possible.

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After WWII, it was not called the Nuremberg Commission.

I applaud the international community for not giving up on the rule of law. But that aside, we have the intolerable situation where an ex-president will essentially be under house arrest in Texas. He cannot go to Vermont without being arrested for war crimes. Ditto, many places in Europe.

However, the PE did not bring this on. Congress' utter lack of oversight contributed as much to the problem as Cheney's zeal. It must be up to Congress -- in coordination with the DoJ -- to call these people out. It's so big that a special prosecutir will almost certainly be necessary.

The PE must realize he, too, is doomed by the Unitary Executive theory. This is what must be stripped bare, and its darkest torture pits exposed to the sun.

I saw a piece on Nixon's impeachment over the weekend, and that man did not muster 10% of the filth the current criminal enterprise posing as a presidency has heaped upon this nation.

War crimes tribunals here, or it will be Nuremberg II, where silly things such as "statues of limitations" will be soundly ignored.

Pax,
M.

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we have the intolerable situation where an ex-president will essentially be under house arrest in Texas.

With shoes arriving on a daily basis...

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I guess what I found odd about that interview is the following. Obama made it clear that his administration was going to abide by the rule of law. Going forward, the Obama Administration was going to do things different. Waterboarding was torture, in his mind.

So if things are going to be done differently, by the rule of law, and waterboarding is torture, doesn't that leave the reasonable conclusion that what the Bush Administration condoned was against the law? And if it's against the law, doesn't there need to be consequences?

I'm not sure that I agree with any of the interpretations that say Obama is backing away from following up on Bush crimes. That was certainly my initial impression, but there seems to be a bit of ambiguity in his statements. Ambiguity that may leave him the ability to say "We need to move forward", coupled with "I'm not going to tell the Justice Department what to do, because we've seen the trouble that can create--the Justice Department has to be independent and defend the Constitution...so my hands are essentially tied, and if an investigation is called for, I'll support it"...

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I believe Obama is allowing himself "wiggle room", which is politically smart at this time. However, it doesn't mean I have to like it. :)

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I guess I'm interested in what Holder and Dawn Johnsen wind up doing. I appreciate that a priority right now is the economy, and that getting on the Sunday morning blabathon and talking about the possible war crimes of the Bush Administration would start a gigantic bonfire that would evaporate his plans for the economy.

But I was really struck by his language. The insistence that his Administration is going to be different, coupled with the statement that he didn't think any laws were broken--that's mildly inconsistent, in a way, and leaves him the opportunity to have the Justice Department do the heavy lifting on this.

Either way, TheraP is right: we need to continue to raise our voices on this.

And if I were a member of the Bush Administration (Alberto Gonzalez? I'm talking about you), I don't think I'd make plans to go overseas to Europe any time soon.

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A lot of powers that be will move on this. There will be investigations.

But as TheraP says: LET US RAISE OUR VOICES.

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It is the chief lesson of PE Obama's rise to the Presidency. We must continue to raise a Great Clamour.

John Dean read 265 pages of testimony to the Impeachment Committee in a flat monotone voice that went on hour after endless, terrible hour, describing crimes which can only be described as petty against the backdrop of today.

Where is our John Dean? Our Oval Office tapes?

I maintain a shovel and five minutes of digging will turn up both. Hubris makes a lousy accomplice.

Pax,
M.

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Marioth, good points. If there are two things we know about this current (8 days) administration they are:

It has done evil things.
It is incompetent.

Per incompetence, we shall discover many things that are not above the heavens and beneath the earth but in some idiots email file, or under a fax machine, or in somebody's laundry basket.

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I keep saying to myself; "trust him, wait until he takes the Oval office", but what I see so far from Obama is backtracking on taxing the wealthy and now letting the Bush gang off the hook.

Obama may be the greatest con man of the last 100 years, if not the greatest disappointment, for those who supported him with money and votes.

If he doesn't go along with investigations into the Bush gang he will never live it down. It will be a replay of Ford pardoning Nixon.

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Obama's betrayed all of us who voted for him with this action. It amounts to a "Get out of jail card" for Bush, Cheney, Rumsfeld and other crooks. Are we supposed to forget about the 4500 dead Americans? The $1 trillion price tag for the war? The lies that got us into this mess and kept us there? The politicization of the Pentagon, State Dept. and Justice Dept.? Seems like he's turned into a Washington insider overnight. Shameful. Yes We Can criticize Obama for this.

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What "action" has Obama taken? He hasn't done, or not done, anything yet. He's not president yet, and he's being fairly vague about what he might do--which is appropriate considering that he and his administration haven't had a chance to even begin a review of the various departments and offices yet and we've got an economic meltdown to deal with.
I suppose he could establish some sort of kangaroo courts to try, convict, and hang Bush and Cheney on January 20, to satisfy the visceral needs of certain people--but then he would be just as guilty of violating the Constitution as the rest.
Seriously, the mob mentality I'm seeing from some folks is kind of scary--punishment doesn't come before investigations and trials, and those can take a long time. It's also important to remember that anyone can become the target of this type of mentality. It might be Bush and Cheney today, but it could be you tomorrow, and however obvious the crimes may appear they don't negate the Constitutional protections and procedures that also exist.

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Here's the "action" - telling us he won't prosecute Bush, Cheney et al for numerous crimes. Seems pretty significant.

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obamaman,

regarding investigations and prosecutions, he wasn't so ambiguous when he was running for President

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Looking forward? This is like your parent saying "We'll see" when you ask for a pony for Christmas. In other words, Bush and company can steal, murder, and deceive, but it's OK--it's in the past. As a lawyer, Obama knows ALL crime takes place in the past. If these guys aren't investigated, then he's an accomplice after the fact. We should now open all prisons and let everyone out, because to keep them there is "looking backwards."

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Perfectly stated. With the continuation of Robert Gates as Secretary of State and now this, seems like Obama has gulped the "Inside the Beltway" Kool Aid.

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An alternative theory -- one to which I freely admit my clinging -- is that he's all nods and smiles and "looking forward" until 12:01pm a week from tomorrow.

I expect both bup and kis.

Pax,
M.

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I think there should be a revision of the US policy regarding human rights is the last 8 years, but I see 2 problems in rushing into it: 1) People is hurting because they are losing their jobs, and devoting a lot of time, airwaves and effort right now to the cause of Guantanamo, lets say, while the bulk of our effort should be immediatly put in getting the country working again. 2) The revision should be done primarily because we do not want anybody under US custody to have his/her rights violated again, and should be done without any taint of revenge. In this sense, waiting some time helps.
Now, if what Obama meant was "We better forget about it", I think it would be a terrible mistake. Knowing Obama's background I have a hard time believing that this is what he meant, and it would be a terrible disapointment. Especially, because I think we know a small fraction of what relly happened, I we think we need to know the truth. My country of origin is Argentina, and we learned a lot more of what they did when in power after they left, than during their dictatorship. And I think this is the case here as well.
The hard part is to act to seek the truth and to learn from it, but not out of anger. (If somebody has to go to jail, go ahead, I am not talking about any cheesy amnesty here). But by all means, we need to know the truth about this 8 years

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We don't need lots of Congressional investigations - they are a waste of time and not what they were in Watergate days.

We do need prosecutors and prosecutions.

We need Congress to take steps to actively inform America, shifting from the propaganda of Iraq/9-11 and we had to be tough on KSM to save America, to:

*Requiring that Torturing Democracy (not about KSM, but a cab driver named Dilawar) be shown in every school receiving Fed funding, from 7th or 8th grade up, and putting into place substantive scholarships in conjunction with an essay program for each of the grades, articulating why it is illigal and immoral for Americans to beat cab drivers to a pulpified mass of broken bone and flesh, and call it "patriotism" Bring Dilawar's family to the US, along with the men who were picked up with him and sent to GITMO to assist in coveruing up the crime, and make very public reparations for them and let the men explain how they were sent to GITMO as the "worst of the worst"

*Fund a program for Sean Baker's story to also be told, along with the immediate destruction of training tapes and the attempts to pretend his disability resulted from something other and the beating that were SOP at GITMO if you wore orange.

*Fund a program for Maher Arar and Khalid el-Masri to tell the story of what happened to them, pass legislation apologizing and making reparations, let Arar sit with his daughter in his lap and "invite" the men like Larry Thompson and John Ashcroft who sent him to torture to show up and apologize to his family - explain to Scheuer that personal, as well as imperial, hubris has horrible costs.

*Require that troops being sent overseas and their officers take a test and pass it, emphasizing the information that Iraq was not related to 9/11 and setting forth the mission statement for why we are still there, if there really is one.

*Fund a series on - GITMO's Innocents - and start taping and playing it. Errachidi and Kurnaz make very good start points.

*Press the hell out of every single Obambi nominee on declassification, including revocation of the State Secrets invocations in the many pending lawsuits, in particular el-Masri's spun suit.

*Pass extradition legislation for war crimes

*Fund a committee to investigate and publish a report on the US war on terror and children, including the disappeared children of KSM and Sidiqqui, the child victims at Abu Ghraib and elsewhere in Iraq, the impact of kidnap for black site and GITMO rendition on families and the impact on the thousands and thousands held in Afghanistan and Iraq with no recourse and the impact on their children. But make it equally about the child victims of our soldiers' families and of the innocent victims of not only 9/11, but Bali, Mumbai, etc. Make the ripples of evil clear and unequivocal.

The only good use of "investigation" time is by decent prosecutors (although after 6 years, I don't think there are any left in-house at DOJ, bc decent people wouldn't be working voluntarily, for years, for known torturers) or in connection with programs that can be used to inform the public and counter the years of "worst of the worst" at GITMO, etc. Congress is worthless on that front and the press is equally worthless, covering the most bizarrely unlikely and unworthy assortment of topics.

Maybe someone could also introduce legislation requiring that all members of the intelligence and judiciary committees have to take regular, closed book, tests on their subject matter, with the questions and their answers put online, so that the idiots do have to either learn the difference between Hamas and Hezbollah, or illegal wiretaps and the warrant clause --- or at least have their ignorance on display in an objective manner.

There is a lot that Congress could, but won't, do to counter the years of propagandizing and the meme that all the torture conversation is about is whether or not KSM was waterboarded. Investigations including the likes of Harry Reid, Silvestre Reyes, Nancy Pelosi, etc. - those aren't just pointless, they'd be counterproductive. And a truth and reconciliation commission pretty much has a Hug & Make Up premise that never should be bought into.

If we really have such a culture of torture at the CIA that none of the operatives feel that they can operate without looking over their shoulder, waiting for the investigations to catch up to them, then the agency needs to be cratered. I don't believe that's really what is at the agency, but if it is, it is. It was interesting to watch Baer on Maddow - as an ex-operative, he didn't bleat about poor operatives, they wouldn't be able to function if torturers were charged with crimes. A lot to the contrary for that matter - which makes me tend to believe that the worst of the problems in the CIA were with the top brass, with a pretty small group of torturers in the field, some of whom would no doubt be legitimately the subject of deals and pleas, some of whom would not.

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Seems like he's turned into a Washington insider overnight. Shameful. Yes We Can criticize Obama for this.

Yes, and you can make yourself look like as much of a fool as you wish. He's a "Washington insider" because he's basically taken a wait and see approach on possible crimes? Um, okay. You're right, he's been president for, what, negative seven days already? We can't afford to wait any longer! Prepare articles of impeachment for his first day in office!

With the continuation of Robert Gates as Secretary of State ...

Actually he's continuing as Secretary of Defense, but don't let that get in the way of your frantic tirade. I think it's mainly to ensure a more smooth transition during two wars, with most of Bush's other appointees being replaced.

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Frantic? Foolish? Oooh. Obama signaled he will NOT investigate or search for the trail of lies for 9-11. Seems he was very clear on this. Foolish? Gates and his cronies want to keep troops in Iraq for another few years. Who's foolish, you and Gates or me and the voters who want us out now?

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I don't want them to suddenly feel like they've got spend their all their time looking over their shoulders.
What Obama says about the CIA has some meaning. The focus should definitely be on the top players and their "policies".

There is a good and a bad sense of "looking over their shoulders". CIA employees should be conscious of law and morality, and conscientious in their conduct. But that should not be a burdensome thing, rather an enlightening thing.

Bush, Cheney, Rumsfeld, Tenet, Gage, and others are the ones who might rightly fear the law and the judgments of society.


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"I don't want them to suddenly feel like they've got spend their all their time looking over their shoulders."

Funny.... when I am doing lawful activities and have a clear conscience, I never see the need to look back over my shoulders. It is only when I believe I am doing something wrong... and someone might catch me... that I am prone to do this...


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While I agree with the President's wish to move ahead with matters, he has no control over Congress. That has been the idea since the beginning. That he's put forth this protest makes me want to see some hearings.

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