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WaPo: Bushies Lobbying To Water Down Torture Report
It looks like the Bushies are going all in to limit the damage from those torture memos.
The Washington Post reports that former Bush administration officials have launched a "behind-the-scenes lobbying campaign," designed to pressure DOJ to soften its forthcoming ethics report into the lawyers who approved torture.
The Post reports:
In recent days, attorneys for the subjects of the ethics probe have encouraged senior Bush administration appointees to write and phone Justice Department officials, said the sources, who spoke on condition of anonymity because the process is not complete.
At issue is the Office of Professional Responsibility's long-awaited report into whether DOJ lawyers committed misconduct by authorizing harsh interrogation techniques. The Post reports that a draft of the report, prepared in January, recommends disciplinary action by state bar associations against John Yoo and Jay Bybee. State bar associations have the power to suspend a lawyer's license, and take other actions. But such penalties would of course fall far short of recommending prosecutions -- the step that many torture opponents have hoped for.
Yoo is currently a law professor in southern California, while Bybee is a judge on a federal appeals court in Nevada.
It has already been reported that former Attorney General Michael Mukasey, and a deputy, were given a chance to weigh in on the report, and argued that its tone should be softened.
The Obama administration has avoided taking a clear position on whether to prosecute the lawyers who approved torture, citing the pending OPR report as a reason for moving cautiously.
Josh
Zachary
I think th Judge shoulda bin softer on me fer that Piggly Wiggly I noked over back in 04.
May 5, 2009 5:50 PM | Reply | Permalink
Three points for the gratuatous O Brother Where Art Thou reference.
May 5, 2009 6:24 PM | Reply | Permalink
Time to start gearing up for an ethics investigation into Republican interference in the current ethics investigation.
May 5, 2009 6:02 PM | Reply | Permalink
This sounds like obstruction of justice to me --at the very least. Let's add that to the charges.
I have to say, these Republicans are the ultimate hypocrites. First they want to deny trials to people they don't like but when they are on the line, they want all the rights in the world for themselves.
If John Yoo were in any country we were at war with, this would not be a question, the US Government would be charging him with war crimes. the notion that just because these scumbags have law degrees they are somehow incapable of breaking the law is ridiculous.
Want a case in point? When the Department of Justice lost a couple of prosecutions against John Gotti, they essentially prevented his attorney Bruce Cutler from representing Gotti in a subsequent trial. The DOJ's reasoning, Cutler (never charged or indicted) could not act as Gotti's lawyer because he was too close to Gotti.
The notion here is that at some point a lawyer becomes an enabler, and then the government can step in and break the attorney client bond. Gotti was clearly a criminal, no question, by the way.
Now these former DOJ attorneys are claiming exactly the opposite point, that because they have law degrees, any advice they give is patently protected and they can never be charged with anything. They are merely lawyers, not actively involved. But the DOJ's official position on that very point is clear; as clear as John Gotti dying in jail.
And speaking of Jail, that is where Yoo and Bybee and several others should be, right after they have the trials they denied others.
May 5, 2009 6:12 PM | Reply | Permalink
No, no, no, no, no! I'm getting really sick of this whole 'respectful' 'looking forward' crap! I want these criminals outed at the least. I want them to be disbarred, I want them to never be able to show their evil faces again, I want them to never be able to travel outside the US for fear that another country will arrest them and put them on trial. I want them in real prison, not a minimum security prison - locked down with their fellow murders.
Is that clear enough, Mr. Holder?
May 5, 2009 6:40 PM | Reply | Permalink
I'm glad Leahy has been holding forth on prosecutions and that Dodd has joined in calling for them.
May 5, 2009 6:59 PM | Reply | Permalink
If they did nothing wrong why the push to "soften" the report?
If Obama and his Justice Dept. refuse to look into the Bush/Cheney gang the Bush library will be free to persent Bush as a cross between Abe Lincoln, Thomas Jefferson, and Jesus Christ.
May 5, 2009 7:05 PM | Reply | Permalink
Disbarment may be a just a first step. A blogger over at emptywheel dug up the OPR Policies and Procedures:
http://www.usdoj.gov/opr/polandproc.htm
They really can only conclude one of two egregious findings of "professional misconduct" - and that is exactly what was found, according to the reports that have come out. So, while some are downplaying this, they've concluded the worst they can conclude. All we don't know yet is whether they found "intentional" or "reckless disregard":
Also, since this office does not conduct criminal investigations, it apparently lacks the power to refer for prosecution. The most it can do is to refer for disbarment, which apparently is what they've done. Thus, they've concluded the WORST they are capable of concluding! To me that leaves open the door for criminal prosecutions, no matter how the right wants to try and spin this.
May 5, 2009 8:10 PM | Reply | Permalink
While we are at it can we investigate exactly when President Clinton knew exactly where Osama was and exactly what he did about it. Can we investigate how he lost the launch codes and if they were ever found? Can we investigate if Kennedy had prostitutes in the White House. If we are going to do wash I for one would like to see a lot of laundry done. How about that?
May 5, 2009 8:11 PM | Reply | Permalink
Dave:
You and Wendy can feel free to investigate anything you want to investigate, or write a blog of your own about the shortcomings of the Clinton years.
This article is about investigating how the US got into the torture business and how we prevent the USA from going down this road in the future.
Quit trying to change the subject.
May 6, 2009 6:01 PM | Reply | Permalink
Can we hold hearings on politicians connections to Fanny Mae and Freddy Mac, and what part those connections played in contributing to the current mortgage crisis?
May 5, 2009 8:14 PM | Reply | Permalink
I just heard there's a grand old Party at Joe's DisBar and Grill.
May 5, 2009 8:52 PM | Reply | Permalink
OHHH! That is a good one! I hear the bar keep is Judge Dread.
May 5, 2009 9:19 PM | Reply | Permalink
How offal!
May 5, 2009 9:41 PM | Reply | Permalink
It must be torture for the accused to wait so long.
May 5, 2009 10:55 PM | Reply | Permalink
I'm pretty much resolved in believing BOTH parties we seem to keep putting into power either HAVE or SUPPORT torture... and believe tortufrers (as long as they are OUR torturers) are to be protected.
Seems as though our slide downhill is nearly complete. Those in power can continue to call this nation a democracy, republic, etc., but one thing is for certain... it is NOT the nation countless of our ancestors gave their lives for. It is instead a nation which has quickly morphed into the same class that our fathers and grandfathers literally gave their lives for to prevent!
Any of you want to place odds on the DOJ actually supporting laws and treaties and ordinary citizens again? Let's see if any charges are brought to bear against those who are lobbying to prevent justice from prevailing...
Uh... don't hold your breath too long...
May 6, 2009 12:27 AM | Reply | Permalink
Bygones. Look forward, not backward. Do the American People's Bidness. Mistakes were made. Nobody recalls. If the President does it, that means it is not illegal. By definition. We may need to do it again. Must. Protect. Homeland. Lather. Rinse. Repeat.
May 6, 2009 1:19 AM | Reply | Permalink
Grey Roger:
Does the Rachael Maddow show even get to Eddore?
May 6, 2009 6:39 AM | Reply | Permalink
No need, worm. Our forms of flesh are operating, and we have no need to "watch" your so-called "shows". We acquire directly the "thoughts" of you lower forms of life.
P.S. You will address me as 'Master.'
P.P.S. Policy differences. Criminalizing. Retribution. Vendetta. Distractions. 9-11. 9-11. 9-11.
May 6, 2009 5:19 PM | Reply | Permalink
So sorry, this patrollman will never address you with that "M" word.
May 6, 2009 6:06 PM | Reply | Permalink
I see, worm, it is time to arrange an audience for you with an Overlord. I am sure he will find your feeble life-force a tasty, if small, delicacy.
May 11, 2009 1:06 AM | Reply | Permalink
Considering that
a) the Bush administration did everthing in their power to fill the DoJ with partisan hacks and
b)Obama has done very little to undo any of that - you can expect the Department to continue to run cover for any and all Bu$hCo crimes.
May 6, 2009 2:38 AM | Reply | Permalink
They may be lobbying for it, but that doesn't mean they'll get it. The trajectory so far doesn't really support it for me.
May 6, 2009 3:01 AM | Reply | Permalink
Wait a minute: this "report" was prepared by Bushies who evaluated Bushies. [h/t Jonathan Turley on Keith Olbermann] One of the "authors" was even one of those being investigated!
Why is this whitewash being labeled the "Justice Department review of lawyers' performance"? Bush appointees have been working on it for years. It should be clearly labeled as their crap!!
May 6, 2009 5:18 AM | Reply | Permalink
It's a whitewash boys and girls and Obama isn't doing a damn thing about it. Obama is just as guilty as BushCo now.
May 6, 2009 8:50 AM | Reply | Permalink
Here is pragmatism. Independent investigator to report on justice department actions and congressional oversight process. Disbar Bybee, Addington, and the smug sh!t Yoo (professor my @ss). Do not prosecute the intelligence officials that followed the orders of Bush Inc. Censure Bush/Cheney as prosecution is highly unlikely.
May 6, 2009 9:32 AM | Reply | Permalink
Wait until after health care reform is passed. Maybe closer to the next election cycle just to remind the public how much fun the GOP was back then, particularly as they begin to parade 911 for their respective campaign.
May 6, 2009 9:49 AM | Reply | Permalink
Under the Bush administration, it is not torture unless major organ damage is done, so crucifying folks would be okay as long as they were taken off the cross before death.
Now, supporting torturers and those promoting torture is apparently okay for this nation's brand of christianity (Obama AND Bush are professing christians)... as well as many of those who voted them into office and continue to spill the same talking points.
I, being a professing christian, am beginning to believe heaven will be sparsely filled with english speaking folks from this past decade....
May 6, 2009 11:52 AM | Reply | Permalink
I am really curious as to why the Bush Administration did not clean up these messes and make their own findings before they left office? More incompetence?
May 6, 2009 12:41 PM | Reply | Permalink
Not incompetence. They actually believed they were doing the right thing and had no messes or any need to clean anything up.
May 7, 2009 10:34 AM | Reply | Permalink
Commenter TheraP above points out that the Office of Professional Responsibility apparently does not have the authority to recommend criminal prosecution. He/she also points out in his/her own post here at TPM that the department's Office of the Inspector General does handle criminal investigations. So perhaps that's where this needs to go next, although I still think Holder needs to appoint a special prosecutor and then get out of the way.
May 6, 2009 2:33 PM | Reply | Permalink
A special prosecutor has been appointed.
The problem is that he is Spanish and lives in Spain.
The USA should get on the ball and clean up its own messes and prosecute those Americans who have violated international law which the USA has not only signed, but was instrumental in developing and implementing - the Geneva Conventions on torture.
May 6, 2009 6:12 PM | Reply | Permalink
I quite agree.
May 8, 2009 7:19 PM | Reply | Permalink
A Spanish prosecutor would have a good background on water boarding as it was developed by the Inquisition. Whether only Holy Water was used is not reported. Today's Republicans and some Democrats seem to equate water boarding in the same line as water over the dam, that is something that just happens. Disbarment alone does not destroy a career or earning capacity --just ask most of Nixon's former crew (including Nixon) and for that matter Bill Clinton.
May 7, 2009 6:22 PM | Reply | Permalink