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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Hillary Clinton

Congress Seeking Zelikow's "Alternative" Torture Memo

Zachary Roth | May 4, 2009, 2:01PM

Congress has asked Secretary of State Hillary Clinton for a 2005 memo written by a top State Department lawyer, which is said to have taken an alternative view on the legality of torture to that famously offered by DOJ lawyers.

In a letter to Clinton, Reps John Conyers and Howard Berman, who chair, respectively, the Judiciary and Foreign Affairs committees wrote that the memo "may shed important light on the process by which these interrogation practices were evaluated, approved, ad implemented by the former Administration." Reps Jerry Nadler and Bill Delahunt, who chair subcommittees of Judiciary and Foreign Affairs, respectively, also signed on.

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John Conyers

Conyers And Nadler To Holder: We Need Special Torture Prosecutor

Zachary Roth | April 28, 2009, 4:52PM

Reps. John Conyers and Jerry Nadler want a special prosecutor to investigate whether Bush administration officials committed crimes in ordering and justifying torture policies.

In a just-released letter to Attorney General Eric Holder, the Democratic lawmakers write:

The authorization and use of interrogation techniques that likely amounted to torture has generated concern and outrage in this country, and has harmed our legal and moral standing in the world. As a country committed to the rule of law, we must investigate and demand accountability for acts of torture committed by or own our behalf (sic). Appointing a special counsel to undertake this task would serve the interests of the department and of the public in ensuring that the necessary investigation is through and impartial, and that the United States fairly investigates serious and credible accusations of misconduct, even where high-ranking government officials may be involved.

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Jerrold Nadler

Nadler On Torture And Bybee

Zachary Roth | April 22, 2009, 11:47AM

Rep. Jerry Nadler (D-NY), who sits on the House Judiciary committee (and also happens to be TPM's congressman) went on MSNBC's Countdown last night to repeat his call for the impeachment of Judge Jay Bybee, who, while a member of the Justice Department's Office of Legal Counsel, wrote one of the torture memos released last week.

Nadler also said he supported the appointment of a special prosecutor to investigate whether Bush administration officials, including Bybee, committed crimes.

Watch:

Jay Bybee

Feingold Latest To Call For Bybee Impeachment

Zachary Roth | April 21, 2009, 6:17PM

Sen. Russ Feingold (D-WI) is the latest to call for the impeachment of Judge Jay Bybee, in response to the release of those torture memos last week.

Bybee wrote one of the memos in 2002, when he served in the Justice Department's Office of Special Counsel.

Here's Feingold's statement:

The just released OLC memos, including the 2002 memo authored by Jay Bybee, are a disgrace. The idea that one of the architects of this perversion of the law is now sitting on the federal bench is very troubling. The memos offer some of the most explicit evidence yet that Mr. Bybee and others authorized torture and they suggest that grounds for impeachment can be made. Clearly, the Justice Department has the responsibility to investigate this matter further. As a Senator, I would be a juror in any impeachment trial so I don't want to reach a conclusion until all the evidence is before me.

George Bush

CAP Circulating Petition To Impeach Bybee

Zachary Roth | April 21, 2009, 2:46PM

Think Progress, the blog of the Center for American Progress, is circulating an online petition calling on Congress to impeach Jay Bybee, who, while at the Justice Department's Office of Legal Counsel, wrote one of the torture memos released last week. Bybee is currently a federal judge.

CAP is led by John Podesta, a close White House ally who helped run Barack Obama's transition.

Think Progress joins Rep. Jan Schakowsky, Rep. Jerry Nadler, the New York Times, and the Center for Constitutional Rights in calling for Bybee's impeachment.

Late Update: Sen. Pat Leahy, who chairs the Judiciary committee, has called on Bybee to step down from the bench, though he doesn't seem to have mentioned anything about impeachment.

Presidential pardons

Nadler Plans Constitutional Amendment To Curtail Pardon Power

Justin Elliott | December 5, 2008, 11:09AM

Rep. Jerrold Nadler (D-NY) plans to introduce a Constitutional amendment in the coming months to impose limits on the president's near absolute pardon power, he told an NYU-Harper's forum on justice in the post-Bush era Thursday night.

Nadler, who two weeks ago introduced a resolution demanding President Bush not issue 'pre-emptive' pardons of officials in his administration, said his amendment would bar presidents from pardoning members of their own administration for official acts. The president would retain the power to pardon the secretary of state for, say, beating his wife, Nadler said, but not for actions taken in an official capacity.

Nadler added he is considering adding a section limiting the pardon power in the final months of a presidential administration.

"This is something the Congressman thinks is very important, and it's a priority for him," Nadler spokesman Ilan Kayatsky told TPMmuckraker today. Kayatsky said Nadler's office is still doing planning and research on how to structure the amendment.

The president's pardon power is drawn from Article II, Section II of the Constitution, which states in part:

[The president] shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Nadler's amendment would have to be passed by a two-thirds vote of both the Senate and the House and then be ratified by three-fourths of the states.