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Holder May Investigate Torture -- But Several Probes Are Already Underway

The pendulum appears to have swung back in the other direction on the issue of criminal investigations into Bush-era torture. It had looked for a while like President Obama's stated desire to look forward not back had carried the day. But now it appears that Attorney General Eric Holder -- independent of his boss's political concerns, which is how things should work -- is leaning back towards initiating a probe. The news was first reported over the weekend by Newsweek, then picked up today by the New York Times and Washington Post.

But whatever Holder ultimately decides, there are already several ongoing government efforts to investigate torture, which figure to substantially fill out our still patchwork understanding of the issue. So as we wait for official word from the Justice Department on a criminal inquiry, it's worth being clear about what those efforts are, and how they relate to each other.

• Perhaps most prominently, there's a CIA inspector general's report on the program. A heavily redacted version of the report was released in 2004. Some Democrats who have seen the report have cited it as offering a key rebuttal to Dick Cheney's high-profile claims that torture is effective. Holder's recent shift toward a criminal investigation reportedly came after reading the full report. The agency has four times delayed the date for the releasing the report -- it's now scheduled to come out at the end of next month.

• There's also a report being compiled by the Justice Department's Office of Professional Responsibility -- the department's internal ethics monitor -- focusing on former DOJ lawyers like John Yoo, Jay Bybee, and Steven Bradbury, who wrote opinions justifying the use of harsh techniques including water-boarding and sleep deprivation. The Obama administration has already released several of those opinions, whose contents prompted renewed calls for a criminal probe. Like the CIA IG report, the OPR report is expected "by summer's end", according to the Times.

• And there's also a criminal investigation at the CIA, underway for 18 months, into the agency's destruction of videotapes that show torture. Several former CIA officials have testified before a grand jury. The probe is being led by a special prosecutor, John Durham, who has been mentioned as a possible candidate to head up the broader DOJ torture probe that Holder is weighing. It's unclear when, if ever, the investigation's findings will be made public.

Given that the results of two of these probes will -- barring further delays, which are always possible -- be released by the end of August, it's easy to see Holder making a political decision to hold off on making a final decision about a criminal investigation until those missing pieces of the puzzle are filled in.

But he'll have to make the call eventually -- and the fact remains that only a criminal investigation can accomplish the twin goals of forcing us to fully confront what was done in our name, and of holding accountable those who did it.

Late Update: We missed one more investigation: a Senate intelligence committee probe that appears to be primarily focused on whether CIA officers who carried out the torture program even complied with the Justice Department's (already very forgiving) guidelines on which techniques were legal.


6 Comments

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Given Holder's actions in nullifying the verdict in former Seantor Steven's criminal case. I think we finally have a real life impartial public servant in the AG's slot. At last!!!

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It has crossed my mind that the AG office under bush intentionally screwed that case to make sure the "good" Senator's case would have to be dismissed. Either that or bush really DID put in a whole bunch of stu pid folks. Could be, too.

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Well, here's hoping something gets shook loose that's odious enough to get Holder off the fence, if that's where he is.

Of course I would have thought that already happened.

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The thrust of the national TeeVee news from the regular networks is that Holder is going with investigation. For networks who carried water for the Bushit criminal enterpirse to express that view so strongly and unequivocally seems to make it a virtual certainty.

Perhaps the media knows stuff we haven't yet been told.

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Turning around the economy, enacting the policies approved by the voters in November, and righting the wrongs of the past will take time. If the odds of success argue for achieving them in succession, we can afford to be patient. Obama, or his cabinet, seem to be dealing with them in an intelligent and deliberate fashion.

We must caution patience on the economy, because that is the nature of recoveries. They do take time.

We must focus on enacting critical legislation quickly, but with fair debate and deliberation, because the momentum gained by the election may fade, especially as the recession wears on.

We must be most careful about addressing the perceived wrongs of the past. Because discovery must be impartial, thorough and accurate. Because political motives, and the perception of political motives, must be avoided. Because screwing up either of the above is the most certain way to fail in achieving a just outcome.

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"Whatever Holder ultimately decides", the law is clear.

http://michaelfury.wordpress.com/2009/07/13/do-the-right-thing/

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