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ACLU Lawyer: Torture Probe Too Narrowly Focused

Zachary Roth | August 31, 2009, 4:45PM

CIA, Dick Cheney, John Yoo, Justice Department, Torture

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Earlier today, Jameel Jaffer of the ACLU went on MSNBC, and made a crucial point about the decision to probe torture.

The problem, argued Jaffer, is not that we're investigating clear evidence of law-breaking -- as Dick Cheney and countless conservatives would have it. Rather, it's that the scope of the investigation, as we've noted, appears to be unduly narrow. As things stand, it focuses on CIA personnel, but ignores the Bush administration officials -- both Justice Department lawyers like John Yoo, and high-ranking policy-makers like Cheney himself -- who authorized and approved torture in the first place.

It's largely thanks to the tireless efforts of Jaffer and an ACLU colleague that we know what we do about the Bush administration's torture program. He's worth listening to.

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12 comments

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diachronic

August 31, 2009 4:56 PM

Well, what's crazy about all this, given the manifest sense of what Jaffer says, is that the standard GOP line is that 'these offenses' were investigated already- by the very officials everyone knows is responsible, ultimately, for the atrocities.

I don;t see how Obama can afford not putting Cheney on trial. That's of course 'where the facts will lead.' But I don't think Obama's vaunted eloquence comes anywhere near the level needed to explain to an exhausted, mistrustful American public that it was lied into one war, given another war that it will lose or isn't worth winning (Afghanistan), and that the system failed so completely that practically an entire Administration needs to be behind bars.

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JNagarya

August 31, 2009 5:55 PM in reply to diachronic

"I don;t see how Obama can afford not putting Cheney on trial."

"God," will you experts LEARN how out gov't is to function?

The president, regardless name of the presidnet, does not indict, prosecute, conduct trials, etc. The DOJ has that role, and we ALREADY KNOW that the DOJ is to be independent in judgment vis-a-vis the president, regardless name of the president.

The same horseshit conflation/missing the point smears President Obama for a health insurance "plan" which not only doesn't yet exist, but which is entirely up to CONGRESS as to final form. CONGRESS is a branch SEPARATE FROM the Executive branch, the head of which latter is the president, regardless name of president.

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diachronic

August 31, 2009 6:19 PM in reply to JNagarya

Congress is within a separate branch from the President, but not so the DOJ.

This creates many of the ambiguities and loopholes that have allowed Executives to ignore the law. The DOJ is theoretically independent, but the AG is a Cabinet member and as Bush was responsible for, e.g., Rumsfeld's failures, Obama is responsible for Holder's actions, even as he (appropriately) stands aloof.

I think the DOJ should be independent, and is in fact required to be. But it is as much an Executive Branch operation as the CIA itself, and no less liable to corrupting itself to please its ultimate boss.

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Eyepublius

August 31, 2009 5:08 PM

Didn't the DOJ already take a look and passed on investigating... and didn't President Obama say, "Look forward, not back," and hasn't the Washington Post now said, "It's too late to re-open a look see?"

If so, then all AG Holder is doing is feeding the GOP-Cheney frenzy and FOX cheerleading squad.

"Rule of Law" -- maybe, but not when Americans are war criminals -- just when others are war criminals. What a deal. What a crock. What a mess.

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diachronic

August 31, 2009 5:31 PM in reply to Eyepublius

yes, Obama ran as a 'uniter,' as a 'depolarizer,' as a decrimininalizer (of the Bush/Cheney warrantless wiretapping), as an ardent proponent of the 'necessary' (but long-lost) War in Afghanistan, as someone determined to look forward- as if this were possible.

Congress, as in Vietnam, abdicated its responsiblity, and let the Executive run wild. I hold Congress to be as responsible for this disaster as anyone else.

It's a failure of an entire nation, and there is no way Obama can come out of this making anybody happy. Not that that's his job description, but he has the choice of opening Pandora's Box or of being too afraid to do so. I'm afraid he will take the latter course.

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Johann

September 1, 2009 9:54 AM in reply to diachronic

There are two ways to unite two opposing views.

1. To convince your opponents to adopt your point of view, and
2. To adopt the views of your opponents.

Unfortunately, Obama seems to have chosen door #2.
.

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JNagarya

August 31, 2009 5:57 PM in reply to Eyepublius

"Didn't the DOJ already take a look and passed on investigating..."

No.

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Chabuka

August 31, 2009 5:38 PM

I am not sure who to believe any more..seems like every body who opens their mouth or gives an opinion is either covering their own ass, practicing some sort of partisan politics, has an Axe to grind with someone, doesn't know the facts or is just flat making "stuff" up ...can't trust any body to just tell the whole truth, and nothing but the truth....letting the chips and responsibility fall where it may....torture is abhorrent, uncivilized and its illegal, against the law... it does not matter if you were just following orders, justifying torture, writing "new" laws to "okay" it, condoning or looking for justification of torture, or as Bush/Cheney did, ordering it..tortue caused more deaths than lives "saved", thats a fact, (and beside the point, any way!)....the Nuremberg Trials taught us that, the Nuremberg Trial is why its Law, Internationally, Militarily, Congressionally and Nationally...
as every day passes I have less and less faith, belief or trust in the Obama Administration ... appearing no better, no more law-abiding or justice serving, than the Bush Administration or any previous Administration since Nixon) with that heart sinking feeling, that it doesn't matter which party wins elections..elections are "fixed" and those that are "elected" (with obligations to Corporate campaign donations) will always protect the other Government officials (all Corporate shills and benefactors) and they will continuously promote Corporate interests (just as their Corporate masters and corporate campaign donors "hire" them to do) over the will of the American people....

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