« previous | MUCK HOME | next »

Obama: On Second Thought, Scratch That Commission Idea
Is President Obama flipping back again on the subject of how to conduct torture investigations?
His press secretary, Robert Gibbs, told reporters today that Obama no longer favored the idea of a bipartisan commission to probe the issue. "The president determined the concept didn't seem altogether workable in this case," said Gibbs. And the Washington Post, citing anonymous sources, reports that Obama backed away from the position during a "lengthy exchange" earlier yesterday with House Minority Leader John Boehner.*
That follows Obama's comments Tuesday, in which said that if an investigation was going to happen, he favored the bipartisan commission approach, rather than having congressional hearings.
As for the notion of appointing a special prosecutor -- which would seem to be the only way to really hold wrongdoers accountable -- that idea doesn't appear to even be on the table.
* This paragraph has been corrected and updated from an earlier version.

















A special prosecutor doesn't seem to have been taken off the table by Holder yet either.
David Swanson interpreted (perhaps too optimistically) a response by Holder to a shouted question yesterday in just that fashion.
April 23, 2009 6:46 PM | Reply | Permalink
An investigation by Congress cannot work in this day and age. It honestly politicizes way too much. I agree with Carl Levin and with other groups stating that an independent panel or prosecutor would be the ONLY way to do this. Maybe Holder could do this on his own, but I'd imagine he wouldn't want the heat while he was conducting his other investigations.
April 23, 2009 6:52 PM | Reply | Permalink
Further, what's being noted in Congress is basically having John Conyers and others form this panel with Conyers coming out and saying stupid things like "we're coming after those guys (referring to Bush admin)". Conyers is perceived, rightly or wrongly, as a highly partisan individual. It just can't work in Congress, I agree.
April 23, 2009 6:55 PM | Reply | Permalink
AG Holder will probably just expand the scope of John Durham's existing investigation. (Durham is investigating the destruction of the CIA interrogation video tapes.) I suppose that will be better than nothing, and it does offer the Obama Administration some cover against charges of political witch hunting (because the Durham investigation began under AG Mukasey).
I don't think it suffices, though, because Durham isn't independent of DOJ like a special counsel would be. Independence is crucial here because DOJ is complicit (due to the torture memos issued by OLC).
April 23, 2009 9:01 PM | Reply | Permalink
Hopefully the Leadership will immediately (THIS WEEK!!!!) apply and implement the 'Change We Can Believe In' with the immediate US LEGISLATIVE, FULL FLOOR VOTE of the Identical S1385/HR985 Bills 'FEDERAL EMPLOYEE WHISTLEBLOWER PROTECTION ENHANCEMENT RESTORATION ACT' and not the continued support for the continued intolerable Corrupt Policies, Practices and Procedures of the previous Administration(s) and Leadership(s) thereof, as applicable!!!!!
As you may recall our entire US Executive, Legislative and Judicial Branches of Government seemingly have always fully support this 'Veto Proof' Bill, including as recently as these Identical legislative Bills of S1385 in 2003/4/5/6 and S985 in 2007/8/9.
April 23, 2009 7:14 PM | Reply | Permalink
Corrected: HR985
April 23, 2009 7:30 PM | Reply | Permalink
To restore integrity there must be accountability.
It is NOT the president's decision whether or not people are held accountable. He may have influence but so do we.
It is a mess that I think he wanted to avoid... but he cannot change the fact that laws were broken and that we must be accountable for that regardless of what consequences seem appropriate for various levels of participation.
This is about accountability, not persecution. This is about our core integrity, not a witch hunt. We would all be so much happier if the entire reality unfolding before us was not true... but we cannot hide our heads in the sand now that what we suspected has been revealed as true and there is much more to uncover and to be held accountable for.
We are blessed/doomed to repeat lessons until we learn them.
What I hear today is many republican voices trying to drown out the voices of those who want truth and accountability. Some attempting to make a joke of the entire notion of accountability. So much denial and willingness to bury heads in the sand will only come back to haunt us in perhaps even more destructive ways if we don't do all that we can to demand truth and accountability now.
The reality is we need to learn some lessons and bring accountability to bear regardless of how uncomfortable and inconvenient it is going to be.
We have already paid too dearly for the lessons we must learn. I don't want to know what it will look like if we can't learn at least some of them from all of this.
To restore integrity there must be accountability.
April 23, 2009 7:25 PM | Reply | Permalink
In other words, they fear if the truth comes out, they're doomed. All the more reason to get the investigation underway.
Besides, if I remember correctly, when the fcts about the warrentless phone and data taps was making the headlines, the repuglicans were saying if you're not doing anything illegal then you should have anything to worry about. the same goes for this too!
April 24, 2009 11:37 AM | Reply | Permalink
Why bother to make an investigation look bipartisan? The GOP has no interest in arriving at the truth. I don't remember "bipartisan" being a big consideration when Bill Clinton was the target of the GOP. Why do Democrats always have to make huge concessions before an investigation even starts?
April 23, 2009 7:36 PM | Reply | Permalink
Whatever structure comes about, I hope it has one that positions the Republicans to have to defend torture-to-illicit-lies-to-justify-a-false-war.
This will have some important effects: One, discredit movement conservativism thoroughly and permanently; Two, force the people who want to obstruct finance reform, economic reform, industrial reform (hasn't come up yet), health reform, climate reform, and complete revamping of our foreign policy, to have to play defense on torture-to-illicit-lies-to-justify-a-false-war-gate and on why their leaders allowed Army privates to be tried for performing procedures that came from the White House.
It will take everything congressional Republicans have to salvage any kind of a future for their parties while we are cleansing our system of the agencies of their tenure. While they are doing that the reforms we need to get us out of the layers of crisis will be able to sale through the straights of congress.
The emergence of the fact that people were tortured (immoral) to justify a lie (immoral) to invade another country (immoral) for no real reason at all (immoral) or for purpose of massive, willful, wanton greed (also immoral). And this from a President who openly avows that Jesus is his lord and savior (and he's going to need him). Might his Christianist supporters now see him as the proverbial "wolf in sheep's clothing?" If not, might the rest of the nation see those Christianist as the same "wolves in sheeps clothing?"
What Katrina did to the administration, that is, begin to blow it's cover of credibility, Tortur-gate will finish - eliminating any credible positive critique of the Bush administration. Mr. Bush would leave it to history to write the epitaph on his administration. Well, history is coming early the millenium.
In the mean time, the Republican party will, or should soon be on life support, hopefully for a generation or more.
April 24, 2009 10:44 AM | Reply | Permalink
Obama set the stage on Day One trying to govern from the middle. The repuglicans refused to move towards the center and any time the Democrats try to do something without their support they claim the Democrats are violating Obama's goodwill towards them.
April 24, 2009 11:40 AM | Reply | Permalink
I hope this report is correct. Leave the investigation to the professionals. The phrase "bipartisan commission" is a euphemism for sweeping things uner the rug. In the instant case there are too many powerful members of Congress (i.e. Fienstein, Harman, and Rockerfeller) complicit in the authorization to torture to allow a congressional investigation. Not that any congressional investigation since the Watergate hearings has produced anything but pardons for criminals.
April 23, 2009 7:37 PM | Reply | Permalink
Yeah, some of these Dems are complicit, or could be. And how would we know???
It's got to be independent of politics.
April 23, 2009 11:05 PM | Reply | Permalink
The Justice Department has the responsibility for prosecuting federal crimes. Anyone who doesn't believe it to be a crime to order torture of POWs doesn't deserve to be called a human being. And, you can't possibly deny that torture of POWs was ordered by the Bush administration, even if they did hire mafia types to do it for them.
So, what is the dispute? Holder has to move the prosecution along, preferably by assigning this to a US Attorney, or resign his office. At this time Obama's opinion shouldn't be germane.
April 23, 2009 7:44 PM | Reply | Permalink
the Presiden't primary and fundemantal mistake is considering the war crime of torture to be a political problem. It is not a political problem at all. It is a matter of law and order.
There is no dispute that torture has occured.
There is no dispute that torture was ordered to take place from the highest levels of our government and that it was carried out both by the CIA and the military and perhaps by independent contractors.
These crimes must be investigated. All leads must be followed wherever they take the investigators and where warranted, prosecutions must proceed.
The President and his people are fools to consider this as a political problem. They need to start acting like serious people and enforce the law instead of acting like two-bit political hacks.
April 23, 2009 7:48 PM | Reply | Permalink
Obama does not think of this as a political problem or issue. But, how he approaches it will have political consequences. You should know this by now, that's how DC works. This is going to turn into Dems v. Repubs, Obama administration v. Bush Administration - anyone who says otherwise is foolish.
April 24, 2009 6:25 AM | Reply | Permalink
He has repeatedly said that he did not want to criminalize "policy disputes". He said that a number of times during the campaign. He has said it since being sworn in as President. The initial posture of the White House of no prosecutions for anyone make it exceptionally clear that he and his staff consider this a political question first and foremost. Obviously it has political consequences and none of them in any way convenient for Obama, but that's just too bad. This must be dealt with honestly, openly and as a criminal matter from start to finish, not as a partisan or political matter. The President really should not be involved and should stay out of the way of the legal process and let the chips fall where they may regardless of whose head is on the chopping block high or low, CIA or Executive branch appointee or President or Vice President.
April 24, 2009 11:52 AM | Reply | Permalink
We must be realistic: anything that happens in Washington is a political problem.
And if you are a proponent of the "endless campaign" theory, the political costs must be weighed.
My suspicion is that this is not "backing down" to Boehner, but recognizing the Republicans will treat this in a similar fashion as the Democrats treated the impeachment of Bill Clinton. it would be great political theater, but useless as to getting to the bottom of anything.
April 24, 2009 10:28 AM | Reply | Permalink
I don't believe a blow job and torture are the same thing. Besides, the repuglicn knew damn well they didn't have anything, but went on with the circus just to smear Clinton's reputation. I believe what transpired on Bu$h's watch was a tad bit more than sexual oral gratification.
April 24, 2009 11:47 AM | Reply | Permalink
Saying we must be realistic is usually a euphemism for we need to settle for less and I'm just not going to do that on this very serious criminal matter. There is no equivalence between what the Republicans did to try and oust Clinton and the criminal torture program of the tyrant Bush. Democrats need to grow some balls and for once, just once, do the right thing for the sake of the country. This is not a time to allow political considerations to stand in the way of bringing these criminals to justice. if the reactionaries don't like it: tough. We Americans cannot allow this crime to go unpunished. It has nothing to do with politics.
April 24, 2009 11:56 AM | Reply | Permalink
I'd be interested to see a list of all the "change" we're getting.
April 23, 2009 8:33 PM | Reply | Permalink
1) Torture memos have been released. The fact that we're even discussing how to deal with the legal problems is, in my book, huge change. Sunlight is the best disinfectant.
April 24, 2009 9:25 AM | Reply | Permalink
1. changed my underwear-been 2 days
2. gotta a pocketful
3. it's warmer today
4. feeling more "regular" than yesterday
5. wingnuts even more pathetic this week than last week
6. Winstons back-thinks he's got a point....oh wait.....
April 24, 2009 11:40 AM | Reply | Permalink
I think he's leaving it up to Holder, as he should.
April 23, 2009 9:30 PM | Reply | Permalink
make up any excuse you want.
this is simply another example of Obama being the washington insider.
no honest observer can claim obama has gone after or supported going after anything done by the bush people.
in fact, he has supported and argued for continuation of bush policy.
lets at least be honest here.
April 23, 2009 10:19 PM | Reply | Permalink
well, you're off to a bad start
April 24, 2009 11:41 AM | Reply | Permalink
I was looking at arab news and found this.
http://www.arabnews.com/cartoon/
A lot of comments on the english language versions of the sites seem to be coming from westerners. Has anyone reviewed the arabic versions of the sites, and if so what is your perception?
April 23, 2009 10:46 PM | Reply | Permalink
Actually, matters of law shouldn't be up to the president. It's inappropriate.
Likewise, a bipartisan commission would be overly politicized.
We need a DOJ investigation, and a special independent prosecutor free of political interference. If congress wants to investigate, they can, but I woulnd't find it as reliable as an independent invesatigator.
April 23, 2009 11:04 PM | Reply | Permalink
Just chalk this up to yet another collossal mess Bush has left the country, in addition to financial disasters, Iraq and Afghan quagmires, and a global warming catastrophe
April 23, 2009 11:07 PM | Reply | Permalink
I'm concerned that DOJ was so deeply involved in the work on the rationalization of torture that it lacks the credibility, even now, to investigate acts that it was so close to. I wonder if it might be seen as more legitimate/appropriate/just/honest by the world (both states and people) for the US to invite or allow an inquiry run by an international panel. I know that it would be extremely risky, but what other course can the US take now to regain some credibility? The rot in the former administration was both deep and wide, and the culpable are numerous. Some at least are still in office. I am leaning more toward an multinational effort - perhaps the world court or ICC, even though they have their own political and functional limits. A tremendous mess but how to avert catastrophe?
April 23, 2009 11:49 PM | Reply | Permalink
DOJ inbvestigate itself?? I can see the problem, tho there is a change of personel.
How about an independent special counsel? The kind that investigated the Libby case, which was even under Bush viewed as a full investigation.
April 24, 2009 9:11 AM | Reply | Permalink
I think that their hands may look so dirty to the international community that 'under new management' may not be seen as credible. I suggest international participation but perhaps the ICC, UN or some other body may at this point appear more legitimate. I surely don't want to see the for example Chinese government to bash the US, but all of the is talk of not looking back is very worrisome talk coming as it does from the Hope candidate. There are too many things we don't know, and the basis of our political system is an informed electorate - and right now we are poorly and partially informed. Too much secrecy.
April 24, 2009 10:22 AM | Reply | Permalink
We will not be inviting the International Community to investigate anything, ever.
April 24, 2009 9:46 AM | Reply | Permalink
Right. We have to do it ourselves.
April 24, 2009 11:50 AM | Reply | Permalink
I assume, and forgive me if I am wrong, that you think we must or should not. I can think of at least several ways such a process could go wrong.
The process is turned into a bash the USA show trial.
One or more judges in the proceedings decide to run away with the process to support some political end.
A powerful player, such a China, directs the proceedings to a denunciation of the country rather than the guilty.
etc.
What are your thoughts?
April 24, 2009 3:05 PM | Reply | Permalink
Thank God. I can't think of a way to jellydick an investigation faster than by handing it over to politicians.
Let the career trial attorneys (99.99% of us, by the way, are not the Stevens team, thank you very much)and the fresh faced political appointees at DOJ deal with this.
April 24, 2009 7:52 AM | Reply | Permalink
Obama is correct. Take it out of the hands of politicians and put it in the hands of the DOJ.
April 24, 2009 9:04 AM | Reply | Permalink
My guess is what Obama discovered during that
"lengthy exchange" earlier yesterday with House Minority Leader John Boehner.
is that the R's will not cooperate in any way and will do their best to delay, obstruct and posture so that any such commission would be worse than useless.
Under those circumstances not going down the commission road is probably the right thing.
April 24, 2009 11:56 AM | Reply | Permalink
Why is it that those without courage hold true to their convictions and those who SEEM courageous don't seem to have the courage of their convictions.
Why oh why didn't Senator Feingold run for President? Why oh why wasn't Congressman Kucinich 6'5" and well-sculpted?
April 24, 2009 9:09 AM | Reply | Permalink
Obama is correct. The worse thing that could happen is Congress squabbling about this for the next 2 years.
Take it out of the hand of politicians and put in the hands of the DOJ.
That is the way to go.
April 24, 2009 9:14 AM | Reply | Permalink
Or special prosecutor.
April 24, 2009 9:26 AM | Reply | Permalink
The thing is, I don't think that's what he's saying. I wish it were, but I don't think it is. Rather than saying "X" isn't workable, why doesn't he say "Y" is how it should, and WILL, be done. Why play games?
April 24, 2009 9:53 AM | Reply | Permalink
Hands-off approach. It's for the DoJ to pick up the reins and tell Congress to get back to legislating while they look into the matter.
April 24, 2009 11:52 AM | Reply | Permalink
"Why is it that those without courage hold true to their convictions and those who SEEM courageous don't seem to have the courage of their convictions."
I don't think everything should be framed as a test of courage or toughness. That's a bad frame. There are other virtues -- wisdom, prudence, justice....
As for the GOP, they aren't holding true to any "convictions" whatsoever. This is a desperate attempt to stay out of jail by ex-junta leaders. Do you think a crocodile will go willingly into a cage?
The problem for the candidates of the left are 1) they have to tone down their message to appear responsible for the public 2) the left excoriates them for any and all compromises. The result is that "true believers" never win and winners are always "sellouts". I don't think the Left will ever be happy because the level of purity they require consigns them to boutique candidates who haven't a ghost of a chance but become a badge of honor.
Leftist pragmatists and leftist purists will never agree.
April 24, 2009 9:24 AM | Reply | Permalink
I want to believe what you are saying. And when I speak of courage I mean saying what you mean, and doing what you say. The "convictions" I speak about with respect to Bush and his ilk is that when they decided what they wanted to do, they did it. They didn't care about the consequences. What I want to know is why we always have to be "pragmatic" and "prudent" when doing the RIGHT THING?
April 24, 2009 9:56 AM | Reply | Permalink
It isn't just "leftist purists" who want a criminal investigation, AF. According to a February USA Today/Gallup poll, 40% of Americans favor a criminal investigation of torture and another 25% favor a non-criminal investigation (e.g., truth-and-rec commission). (A large majority also favors investigating warrantless wiretapping.)
April 24, 2009 2:36 PM | Reply | Permalink
It's not a bad frame. It's just one that you don't like.
I, for one, am tired of the bashing of "purists" and veneration of "pragmatism" that's bandied about by the likes of you -- as you descend, again and again, into baseless, tired canards about "purists", the "leftier than thou crowd", and "assholes like you" being responsible for George W. Bush and all the other ills of the world.
"The blood of slaves reminds us that our pragmatism can sometimes be moral cowardice." -- Barack Obama, The Audacity of Hope
April 28, 2009 3:19 AM | Reply | Permalink
Congratulations, you fit nicely into the GOP theme this week that liberals are having "buyer's remorse" over Obama.
April 24, 2009 10:03 AM | Reply | Permalink
Is Obama "Obstructing Justice"?
April 24, 2009 9:13 AM | Reply | Permalink
No because he put it in the hands of the DOJ.
April 24, 2009 9:15 AM | Reply | Permalink
Would Dr. Martin Luther King many statements on Complicity and in-action and/or avoidance of proper and forthright action apply here?
April 24, 2009 9:57 AM | Reply | Permalink
I am not necessarily in favor of a Truth Commission or a Congressional hearing on this. I want no immunity grant. And, my hunch is that Congress would be running around "showing" everyone how they handle this stuff -- and then it would grant immunity to everyone under the sun. Sorry. That's not the way to go. It would e at up time and it would destroy any chance at criminally prosecuting Yoo, Bybee, and the gang who authorized waterboarding.
At the same time, Obama better be open to the AG conducting an inquiry and/or grand jury.
This isn't about payback. It's about following the Geneva Convention and the Convention Against Torture. In the U.S., we care about these provisions. Deeply. If Obama is too self-absorbed to recognize this, we're in big trouble for the next four years.
April 24, 2009 9:30 AM | Reply | Permalink
Obama's flipflopping here is annoying. He should have reserved judgment until he actually decided. *(And not let Rahm go on TV and spout before he did).
But the media is ridiculous. They act as if Obama's flubbing of this is some kind of scandal. The scandal is that the media gave a pass to torture, and is still doing it. They are giving tons of airtime to torturers to defend torture.
In conrast, Bush's lie about "the US doesn't torture" was well received by the press corp. "Clear, conside, great message control!" Never mind that it's a lie, you have to give him points for delivery!
April 24, 2009 9:31 AM | Reply | Permalink
At the risk of sounding very naive, I think that Obama might be playing, well, politics. He has done some things (telecom immunity, state secrets, Afghanistan) that I strongly disagree with but how this is playing out seems fundamentally different.
The reason why we are having this discussion is because Obama released the memos. He could have easily just not released them and sent Panetta out to explain why it's so important to keep them secret. Next he keeps talking about immunity and looking forward except for every fourth day or so somebody makes a comment that keeps the hope of prosecutions alive.
Now they are planning on releasing prisoner abuse photos sometime in the next month. I can't imagine this action quelling the public's desire for an investigation. It sounds like they might be releasing additional information like interrogation transcripts and reports on internal investigations into the torture.
It seems like the administration's actions are achieving two things with the public - escalating outrage and providing only the faintest hope of their being justice (which makes populist action necessary while making the desired result appear attainable). The timing also turns the 24 hour news cycle against conservatives. I'm sure that Stewart, Maddow and Olbermann will have a field day juxtaposing photos of naked, hooded prisoners with clips of people on Fox ridiculing the idea that those performing "enhanced interrogation" did anything wrong. Discrediting conservative "journalists" with real journalism - what a concept!
Again, I may be completely misreading the situation. Obama could be indifferent to holding these people accountable and muddling through this. But I think that there is a strong argument for him moving with intent and strategy. Obama has clearly demonstrated his ability to leverage grassroots populism and the torture issue isn't getting swept under the rug like he did with the state secrets legal defense. It wouldn't be the first time we watched conservatives play tic-tac-toe while Obama was playing go (sorry, didn't feel that checkers and chess highlighted the disparity in skill and sophistication).
April 24, 2009 9:53 AM | Reply | Permalink
I think the truth may be simply that Obama regards fixing the economy as his main priority and, indeed, it may be the only issue getting his full attention. The other stuff, like investigating Bush et al, just gets in the way of that mission.
I don't know that one could say that he doesn't regard these other issues as important, just that he doesn't consider them important enough to bother with right now.
Of course, "fixing the economy" does include some top-drawer items like health, education and financial regulation. But, I suspect that if he didn't see those issues in that light, he would not be paying much attention to them, either.
Thanks.
mp
April 24, 2009 9:58 AM | Reply | Permalink
Zachary - Are you daft? Obama said he was in favor of a truth commission if it could be held in a non-partisaned way.
It appears that would not be the case. So instead of saying so, you would feel it was better for him to be stubborn like Bush W and say, "well I stated that I would be for it, so we have to go forward now!"
I am having trouble deciphering the difference here between you & Michelle Malkin with this post.
This ability to be pragmatic is exactly what I voted for.
April 24, 2009 10:43 AM | Reply | Permalink
A special prosecuter---you mean like Ken Starr??? Or a commission- like the Warren Commission! Please these things divert attention and divide the people....They come to no resoultion and are not believed....The Congressional Leadership knew about the 'torture issues'...they did nothing at the time...2002! This will turn the attention away from the business of the people and the Nation..Besides-- it plays into the republican's hands and will accomplish nothing!
Let the AG do what is necessary and go forward with the real business --like the economy, bank fraud, the wars in Afghan and Iraq, Healthcare, climate change...Do not let the do nothings in Congress off the hook...make them do their work!
April 24, 2009 2:53 PM | Reply | Permalink
What Hipocracy!!
Brainwashed (ongoing Nixon Pardons and non-prosecutions, Regan and Bush era(s) of non-prosecution!! ecetra!!) and/or with a complete lack of respect for God, Man and Country and within our US Constitution, Bill of Rights and Declaration for Life, Liberty and Happiness for All.
Your blog comment reply of....appears to suggest to ignore (Illegal) War(s), murder(s), wrongful death(s), torture(s) (Domestic and International), Loss of Habeas Corpus, Wrongful Wiretaps, Wrongful Secrets, (massive) Corruption, seemingly many and/or all 'Oversight and Accountability' applications and endeavors thereof, ecetra.
Dispicable, Sad and Disgusting and/or without the ability thereof.
Hopefully you will re-consider and/or substantially clarify and/or modify your your expressions of concerns within your blog comment replies. If this is of assistance to your comprenhension, please recall 'Dr. Martin Luther King many statements on Complicity and in-action and/or avoidance of proper and forthright action.'
Thank you for your time and consideration.
April 25, 2009 10:38 AM | Reply | Permalink