Eric Holder

Holder: OPR Torture Report Should Be Out By Month's End

Zachary Roth | November 18, 2009, 1:46PM

That long-awaited report on the Justice Department's role in the Bush administration's torture program could finally be ready to see the light of day.

During his testimony before Congress today, Attorney General Eric Holder said that the report, by the Justice Department's Office of Professional Responsibility, is "in its last stages," and that he expects it will be released by the end of the month.

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Torture

Lieberman: Probing Torture Puts Us At Risk

Zachary Roth | August 24, 2009, 5:10PM

Joe Lieberman believes that investigating clear evidence of torture will put Americans at risk of another terror attack.

In a statement, the deeply conservative Connecticut senator, who has in the past expressed his support for waterboarding, said that Attorney General Eric Holder's decision -- which already has drawn criticism for not going far enough -- "will have a chilling effect on the men and women agents of our intelligence community whose uninhibited bravery and skill we depend on every day to protect our homeland from the next terrorist attack."

What a responsible centrist.

The full statement follows after the jump...

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Eric Holder

Dems Urge Holder To Allow Torture Probe To Go Further

Zachary Roth | August 24, 2009, 4:11PM

Some top Democrats are expressing disappointment with Eric Holder's announcement of a probe into Bush-era torture, and specifically with Holder's apparent decision to ensure the probe doesn't look at the Bush officials who authorized the policy.

In just-released statements, Reps John Conyers and Jerry Nadler of the House Judiciary committee applaud the decision to probe torture, but add that "it would not be fair or just for frontline personnel to be held accountable while the policymakers and lawyers escape scrutiny after creating and approving conditions where such abuses were all but inevitable to occur."

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CIA

CIA Torture Report Released

Zachary Roth | August 24, 2009, 3:31PM

The long awaited 2004 CIA IG report on torture -- which according to Eric Holder helped prompt him to appoint a special prosecutor -- has now been released.

The Justice Department didn't put out an online version, but the Washington Independent has posted the first half, plans to follow up with the second.

Preliminary reports suggest that the report says interrogators threatened to kill Khalid Sheikh Mohammed's children if other attacks occurred in the U.S.

Late Update: The Indy now has the whole thing up.

Eric Holder

Holder: We're Launching "Preliminary Review" Of Torture

Zachary Roth | August 24, 2009, 3:24PM

Eric Holder has now officially announced his decision to appoint a prosecutor to investigate torture. Depsite what was reported earlier, his statement doesn't appear to rule out looking at the DOJ lawyers who approved the policy

Here's the statement:

The Office of Professional Responsibility has now submitted to me its report regarding the Office of Legal Counsel memoranda related to so-called enhanced interrogation techniques. I hope to be able to make as much of that report available as possible after it undergoes a declassification review and other steps. Among other findings, the report recommends that the Department reexamine previous decisions to decline prosecution in several cases related to the interrogation of certain detainees.

I have reviewed the OPR report in depth. Moreover, I have closely examined the full, still-classified version of the 2004 CIA Inspector General's report, as well as other relevant information available to the Department. As a result of my analysis of all of this material, I have concluded that the information known to me warrants opening a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations. The Department regularly uses preliminary reviews to gather information to determine whether there is sufficient predication to warrant a full investigation of a matter. I want to emphasize that neither the opening of a preliminary review nor, if evidence warrants it, the commencement of a full investigation, means that charges will necessarily follow.

Assistant United States Attorney John Durham was appointed in 2008 by then-Attorney General Michael Mukasey to investigate the destruction of CIA videotapes of detainee interrogations. During the course of that investigation, Mr. Durham has gained great familiarity with much of the information that is relevant to the matter at hand. Accordingly, I have decided to expand his mandate to encompass this related review. Mr. Durham, who is a career prosecutor with the Department of Justice and who has assembled a strong investigative team of experienced professionals, will recommend to me whether there is sufficient predication for a full investigation into whether the law was violated in connection with the interrogation of certain detainees.

There are those who will use my decision to open a preliminary review as a means of broadly criticizing the work of our nation's intelligence community. I could not disagree more with that view. The men and women in our intelligence community perform an incredibly important service to our nation, and they often do so under difficult and dangerous circumstances. They deserve our respect and gratitude for the work they do. Further, they need to be protected from legal jeopardy when they act in good faith and within the scope of legal guidance. That is why I have made it clear in the past that the Department of Justice will not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees. I want to reiterate that point today, and to underscore the fact that this preliminary review will not focus on those individuals.

I share the President's conviction that as a nation, we must, to the extent possible, look forward and not backward when it comes to issues such as these. While this Department will follow its obligation to take this preliminary step to examine possible violations of law, we will not allow our important work of keeping the American people safe to be sidetracked.

I fully realize that my decision to commence this preliminary review will be controversial. As Attorney General, my duty is to examine the facts and to follow the law. In this case, given all of the information currently available, it is clear to me that this review is the only responsible course of action for me to take.

Torture

Rights Group Blasts Decision To Limit Torture Probe To "Low-Level Operatives"

Zachary Roth | August 24, 2009, 3:12PM

The news that Eric Holder will appoint a prosecutor to probe Bush-era abuses hasn't satisfied some torture foes.

The Center for Constitutional Rights has issued a statement blasting the AG for apparently limiting the scope of the probe to CIA personnel who exceeded DOJ guidelines -- rather than including the DOJ lawyers who issued those guidelines, which themselves went far beyond what the law appears to allow.

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Eric Holder

WaPo: Holder To Name Torture Prosecutor

Zachary Roth | August 24, 2009, 2:56PM

The Washington Post is reporting that Eric Holder has decided to name a special prosecutor to probe -- though only up to a point -- instances of torture under the Bush administration.

According to the paper's sources, Holder will name John Durham, a career prosecutor with a reputation for independence and impartiality, who led the investigation into the destruction of CIA interrogation tapes. Read more about Durham here.

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DOJ Office of Professional Responsibility

NYT: DOJ Report Recommends Reopening Prisoner Abuse Cases -- Holder Now "All But Certain" To Probe Torture

Zachary Roth | August 24, 2009, 9:16AM

President Obama's desire to look forward, not back, is turning out to be easier said than done.

Last week, Newsweek reported that the long awaited CIA report on torture, set to be released today, reveals that agency interrogators staged mock executions of detainees.

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John Conyers

Rep. Conyers On U.S. Attorney Investigation: 'We Have To Keep The Process Working'

Rachel Slajda | July 24, 2009, 5:16PM

Rep. John Conyers (D-MI), chairman of the Judiciary Committee, said today that he's still pushing to question Bush administration officials about the U.S. attorney firings.

"All the breadcrumbs, as we call them, go right to the White House," Conyers said in a speech to the National Press Club this afternoon.

"We have to keep the process working," he said.

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Barack Obama

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

Zachary Roth | July 13, 2009, 2:34PM

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.

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Torture

Torture Advocates Mum On Whether They Support Waterboarding Roeder

Zachary Roth | June 8, 2009, 2:18PM

For years now, torture supporters have been using the "ticking time-bomb" scenario to argue that it's irresponsible to issue a blanket ban on torture. If we knew that a bomb was set to explode imminently, goes the argument, and that torture could help obtain information to avert the disaster and save hundreds of lives, who wouldn't do it?

This has always borne more relation to an episode of 24 than to the actual war on terror. Even torture supporters have admitted that no such ticking time-bomb case has ever occurred. But it looks like we may now be confronted with a version of it in a very different context -- and this time, it's hard not to notice that those same torture supporters don't seem to be rushing to call for the waterboard just yet.

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AIPAC

Secrecy Expert: Harman Leakers Likely Committed Felony

Zachary Roth | May 4, 2009, 6:08PM

Did the people -- whoever they may be -- who leaked details about Rep. Jane Harman's wiretapped conversation with a suspected Israeli agent, break the law?

The law quite clearly prohibits the unauthorized disclosure of classified information "concerning the communication intelligence activities of the United States or any foreign government." And Steven Aftergood, the director of the Project on Government Secrecy, confirmed to TPMmuckraker: "It seems crystal clear that if this was a FISA wiretap," as appears to be the case, "then whoever disclosed it committed a felony."

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Barack Obama

Obama: Torture Prosecutions For Bushies Is A Question For AG

Zachary Roth | April 21, 2009, 12:27PM

President Obama is leaving the door open for prosecutions of Bush DOJ officials who provided the legal rationale to support torture policies.

In comments to reporters this morning, Obama said he didn't support prosecuting CIA officers who were carrying out the policy. But:

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Jane Harman

Harman Calls For Release Of Wiretapping Materials

Zachary Roth | April 21, 2009, 11:56AM

Rep. Jane Harman (D-CA) has just released a letter she sent to Attorney General Eric Holder. Harman calls on Holder to give her all materials related to the government wiretapping of her, and to the investigation into her, so that she can release them publicly.

Harman also, crucially, takes her denial further than yesterday, saying she never contacted either DOJ or the White House or anyone else to seek favorable treatment for anyone.

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Alaska

Who Are The Stevens Six?

Zachary Roth | April 9, 2009, 4:25PM

Earlier this week, Judge Emmet Sullivan formally dropped the charges against former Alaska senator Ted Stevens, thanks to prosecutorial misconduct. And Sullivan also announced that he's appointed a special prosecutor of his own to investigate contempt charges against the six Justice Department lawyers whose string of missteps -- the most serious of which involved withholding key evidence -- doomed the case. That misconduct is also the subject of an internal DOJ probe.

Since then, there's been a tangle of competing claims from all sides. We've seen some critics of the Bush administration suggesting that Justice intentionally sabotaged the prosecution, in order to let Stevens, a Republican, off the hook. Meanwhile, some of the more paranoid figures on the right are arguing that the entire prosecution was an (ultimately successful) effort by liberal DOJ bureaucrats to use bogus charges to create a cloud of suspicion around Stevens and thereby win another Senate seat for Democrats.

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Eric Holder

Justice Official Who Probed US Attorney Firings Will Now Lead US Attorneys Office

Zachary Roth | April 8, 2009, 4:22PM

The Justice Department's Office of Professional Responsibility -- which has lately been in a number of internal DOJ investigations into high-profile issues -- will soon have a new chief.

The Washington Post reports that Attorney General Eric Holder will name as the head of the office Mary Patrice Brown, a respected career prosecutor who currently leads the criminal division at the US Attorney's office for Washington DC. Brown will replace Marshall Jarrett, who has been there since 1998, and will shift over to lead the executive office of the US Attorneys.

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Alaska

Did Mukasey Ignore Evidence Of Misconduct In Stevens Case?

Zachary Roth | April 8, 2009, 12:58PM

Buried in the news about charges against Ted Stevens being dropped, there's an additional serious indictment (as if more were needed) of the Bush Justice Department -- and specifically, of Attorney General Michael Mukasey.

Reporting from yesterday's hearing, at which Judge Emmet Sullivan formally announced that the charges would be dropped, the Washington Post notes:

When the judge heard that Stevens's attorneys sent three letters about prosecutorial misconduct to former Attorney General Michael Mukasey but received no response, he called it "shocking -- but not surprising."

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Eric Holder

Stevens Judge Weighing Sanctions Against Prosecutors

Zachary Roth | April 6, 2009, 9:14AM

The charges against Ted Stevens may be about to be dropped -- but the fallout isn't over.

The judge in the case yesterday ordered the Justice Department to hand over documents relating to allegations of prosecutorial misconduct in the case, reports the Washington Post.

It was because of this misconduct that Attorney General Eric Holder last week decided to ask the judge, Emmet Sullivan, drop the charges against Stevens.

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Justice Department

Beltway Establishment's Misplaced Orgy Of Stevens Sympathy

Zachary Roth | April 2, 2009, 1:02PM

We told you yesterday about Chris Matthews' flub on the Ted Stevens news -- telling viewers that the decision by Justice to drop the charges, thanks to prosecutorial misconduct, means that "the charges should never have been brought."

But it looks like Matthews was just the tip of the iceberg. Since yesterday morning, the self-appointed guardians of the Beltway discourse, in Congress and the press, have been lining up to express their sympathy for Stevens and lament the way the case has unfairly "besmirched" his sterling reputation.

Please.

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Alaska

DOJ's Motion To Dismiss Stevens Case

Zachary Roth | April 1, 2009, 9:31AM

Here's the Justice Department's undated motion to dismiss the case, which lays out the rationale in detail, and was presumably filed yesterday or this morning.

Eric Holder

Holder: Withholding Evidence Was Key Factor In Decision To Drop Charges

Zachary Roth | April 1, 2009, 9:21AM

So which of the many well-documented prosecutorial missteps was most important in leading to the Justice Department's decision to drop the case against Ted Stevens?

The initial read, based on DOJ's statement, is that it was prosecutors' withholding of evidence from the defense.

Holder:

After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial.

We'll have more on the details of this soon.

Alaska

Justice Department To Drop Stevens Charges

Zachary Roth | April 1, 2009, 8:43AM

NPR:

The Justice Department will drop all charges against former Sen. Ted Stevens of Alaska, NPR has learned.

It added that Attorney General Eric Holder decided the conviction could not be defended thanks to problems with the prosecution.

The news of the case being dropped has now been confirmed independently by the AP and CNN.

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Torture

Report: More OLC Torture Memos To Come

Zachary Roth | March 23, 2009, 1:52PM

It sounds like we could soon be getting a look at a few more of those Bush administration legal opinions justifying the use of water-boarding and other "harsh interrogation techniques" for use in the War on Terror.

Newsweek reports that the White House is moving to declassify and release three of those memos, written by Justice Department lawyers in May 2005. In doing so, President Obama is siding with his attorney general, Eric Holder, over the objections of current and former CIA officials, who argue the disclosure could compromise "sources and methods". Ex CIA director Michael Hayden is said to be "furious" about the decision, and to have tried unsuccessfully to intervene directly with Obama officials.

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