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Whitehouse: Torture Probe Should Look At Bush Officials

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Another top Democrat has come out in support of the view that the torture investigation announced by the Justice Department shouldn't be limited to CIA personnel.

Sen. Sheldon Whitehouse, a former federal prosecutor who sits on the Judiciary committee, suggested in an article (sub. req.) for the National Law Journal that the probe should extend to:

...the former vice president of the United States, his counsel David Addington, Office of Legal Counsel (OLC) lawyer John Yoo and their private contractors Bruce Jessen and Jim Mitchell, psychologists who designed the torture program.

Whitehouse continued:

[I]n America, high office does not put one outside the law. Indeed, it borders on unethical for a prosecutor to refuse to investigate the corpus delicti of a crime because of concern as to where the evidence may lead.

Several other top Democrats, including Sen. Russ Feingold, House Judiciary chair John Conyers, and Rep. Jerry Nadler have taken the same position, as has the ACLU.

The Justice Department hasn't said clearly whether the special prosecutor, John Durham, has the authority to go beyond CIA personnel. In his statement announcing the probe, Eric Holder said it would consider "whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations." When we asked whether it might include Bush administration officials, a DOJ spokeswoman evaded the question.

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29 comments

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September 1, 2009 10:33 AM   

Sort of an unfortunate headline. I got all excited thinking our government was going to do the right thing. Now I'm back to thinking it'll be "same as it ever was," the elites will walk.

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September 1, 2009 10:48 AM    in reply to tiowally

the white house directing the scope and subjects/targets of the DOJ's inquiry/investigation would be anything BUT "the right thing".

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September 1, 2009 11:59 AM    in reply to nova voter

Have you EVIDENCE that the White House is directing or otherwise interfering in the work of the DOJ?

I thought not.

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September 1, 2009 1:24 PM    in reply to JNagarya

i didn't suggest that i did.

did you bother to read the post to which i was responding?

you're being a real prick in this thread.

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September 1, 2009 11:43 AM    in reply to tiowally

A bit of a tangent, but somehow I have a feeling Whitehouse has been the object of confusion like that his whole life. He probably got teased as a kid, and that's how he developed this air of someone who should not be mucked around with.

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September 1, 2009 11:57 AM    in reply to ericf

Whitehouse is a former US AG. I'll bet he knows more about ethics and the law than punks such as you who take personal smearing shots because you've no facts or law upon which to stand.

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September 1, 2009 12:10 PM    in reply to JNagarya

bravo, JN! ad hominem attacks against Whitehouse doesn't make Cheney any less guilty. This kind of tripe is reminiscent of the last political campaign.

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September 1, 2009 1:31 PM    in reply to JNagarya

Have you EVIDENCE that Whitehouse was ever a U.S. Attorney General?

I thought not.

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September 1, 2009 2:15 PM    in reply to nova voter

Whitehouse is a former RI AG.

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September 1, 2009 6:04 PM    in reply to diachronic

ok ... how does that bear on the question whether he was ever the United States Attorney General (which is what the person to whom i was responding typed -- "US AG")?

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September 1, 2009 6:16 PM    in reply to nova voter

Obviously "US AG" was a slip for "State AG."

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September 1, 2009 8:31 PM    in reply to diachronic

yes, and OBVIOUSLY, i was noting that the original poster's sentiment was NOT a good thing, rather than suggesting that the current administration was actually doing such a thing. (see first "discussion" in this thread if you're confused)

but that didn't stop jngawhatever from being a condescending jerk.

just making a point.

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September 1, 2009 8:34 PM    in reply to diachronic

p.s. and it's actually not obvious at all what the guy is talking about. he might have meant "state AG". or perhaps he meant "USA" (as in US attorney). or maybe neither.

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September 2, 2009 3:53 PM    in reply to nova voter

I read the initial set of comments and it appeared (APPEARED) to be a case of his jumping to conclusions or otherwise misunderstanding you.

As to the comments about Whitehouse's resume and the erroneous acronym, only he can clarify that mystery.

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September 1, 2009 11:57 AM    in reply to tiowally

How do you know? Oh, right: you're able to predict the unknowable future.

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September 1, 2009 12:06 PM    in reply to tiowally

Congress is a branch of "our gov't". And Whitehouse is a Senator.

I suggest you either inform yourself as to Whitehouse's position on these issues all along, or STFU until you do know his consistent position.

He is one of the so-far-few members of Congress who has kept up a steady and accurately-directed drumbeat on these issues. You should be attacking those who are looking the other way, rather than kicking those who speak up in the teeth.

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September 1, 2009 12:47 PM    in reply to JNagarya

I should've written "White House" instead of "our government." Had you read my 11:23 post you probably would've understood my point. So sorry to not have been clearer so that you wouldn't have wasted all that vitriol.

I'm keenly aware of the few — too few — in our government who have pushed for investigations and prosecutions. I'm just impatient and would like to see Bush, Cheney and the entire Cabal of Curs incarcerated.

As far as the unknowable future goes, tell me: Excepting Calley, how many war crimes committed by Americans have been prosecuted? This is the country that refused to impeach the most impeachable president (and vice-president) in its history. Shall I believe that our government will suddenly change its established character? I'd like to think so, but I shant hold my breath, especially if past behaviour is any indication. There are simply too many entrenched interests that will ultimately derail doing the right thing.

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September 1, 2009 11:23 AM   

You're right. But the White House using its bully pulpit to suggest that the rule of law be respected/restored is not. I mean, if it's good enough for the U.S. to demand the prosecution of foreigners for similar crimes ....

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September 1, 2009 11:35 AM   

actually, I am liking the slow drip, drip, drip approach of the DOJ, with it's 'please don't throw me in the briar patch' approach to these investigations. Remember Watergate was the true origin of Dick Cheney and his atrocious plan to make executive power prosecution proof. So let them take their time, step by step, to get this done. Makes for good dramatic buildup.

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September 1, 2009 12:01 PM    in reply to MyMy

So am I. It keeps the issue alive, gets the facts disseminated, and builds the climate in which doing what must be done will have minimal opposition and maximum support.

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September 1, 2009 12:18 PM    in reply to MyMy

"Remember Watergate was the true origin of Dick Cheney..."
goes to show the status quo perpetuates itself through the generations.

Is there a "Timeline of Dick Cheney" website anywhere? An empirical look at that chart might show some patterns that we can recognize.

The ebb and flow of the status quo would be hiding in there somewhere.

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September 1, 2009 12:20 PM    in reply to JEP07

Yep! Here's a great site,

http://www.mapreport.com/countries/cheney.html

but this is just the 21st Century, clearly he plagued the last 1/4 of the 20th Century, too.

Still agooglin'.

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September 1, 2009 11:37 AM   

Now we know why Cheney's running interference via the Faux media. If White house's White House scan comes to fruition, who else would end up in those legal crosshairs but old Dqadeye himself.

Also, considering this investigation started as a peek into CIA operations, there's also a link beyond the White House, i.e. Cheney's frequent visits to CIA HQ in the early days of The Big Lie.

Not only would a White House investigation eventually land on Dick's door, the CIA investigation may well end up there, also.

One thing about a chain of command, once the links are all identified, the old chain can be reconstructed and every link vetted out separately.

... looks Cheney's being cast into chains, even if they aren't metal. Every time he defends himself before the fact, it appears as if he is already under investigation, or he wouldn't be running cover for the subordinates who can "link" him to the whole mess.

He would probably be wise to zip his snarled lip, but he seems to be uncontrollably compelled to double down at every opportunity.

Surely it was Dick, not Fox, who initiated the process that led to his latest interview.

I' not sure if this paraphrase is close, but I sem to recall as a young fellow that the most-guilty parties among us mischief makers tended to be the loudest deniers of guilt.

My wife would say something like "the squeaky wheel gets investigated."

She also said "don't shoot a gift horse in the foot."

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September 1, 2009 11:47 AM   

So a 'special prosecutor' is not like a 'regular prosecutor/DA' in that the 'special's authority (whom he may prosecute) is limited? If so, what's the argument for its justification. Does it mean that there are some Americans who, no matter what they've done, may not be prosecutable? Is that in the Constitution?

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September 1, 2009 11:53 AM    in reply to phelicity

Is that in the Constitution? No, but it's implied. (Wink, wink. Nudge, nudge.)

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September 1, 2009 4:09 PM    in reply to tiowally

It is more than "implied", it has been codified by Congress in the "Protect America Act" which illegally modified the Constitution of the USA.
.

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September 1, 2009 4:25 PM    in reply to Johann

that's an interesting bill, it's the one that empowered the AG (then Alberto Gonzales) to authorize "certain acquisitions of foreign intelligence information."

I believe it has sunsetted since then.

It was transparently a ploy to get around existing law, and had no credible grounding in national security.

http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN01927:@@@L&summ2=m&

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September 2, 2009 10:29 AM   

I heard an old interview with Ted Kennedy the other day. He remarked that there have been (at the time of the interview) 6 subpoenas for Bush era testimony. Guess how many of those were issued against Bill Clinton (all having to do with his personal finances and behavior): 1,100!

And the republicans are screaming "Witch Hunt!" At least they are consistent - they're always on the wrong side of every issue.

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September 3, 2009 11:40 AM   

Let's take a look at those who have come out in support of the view that the torture investigation announced by the Justice Department shouldn't be limited to CIA personnel.
What will this say for the Obama presidency if they jail up the servant and let the tyrant dictators go free without blame?
This list is almost identical to a list mentioned in the Guantanamo Bay & Intel.rules hearing in Washington sept.24th 2008.
Rep. Trent Franks admits, in 2002 the ranking members of Senate and House Intelligence Committees, KNEW and SAW the TORTURE at GITMO.(also covered in Dec.2007 Washington Post)
Now, in my history book, the headline read "Why Democrats Block Investigations into Bush for Torture and illegal wiretap"

nancy pelosi..jay rockefellow...jane harman....dianne feinstrin...sheldon whitehouse...bill nelson..russel feingold..ron wyden..(condi rice..dick cheney)....

BECAUSE THEY WERE CULPABLE!
Do you really think they want an investigation?

America had a silent coup' years ago...are you sleep or just blind?
As Bush himself said 'never let us tolerate outrageous conspiracy theories',
because if you do you will see the truth!


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