If it turns out that we can't (i.e., that Obama's DoJ won't) 
prosecute the Busheviks, this is
a great idea; and let's ask Sen. Leahy to include election 
theft--through electronic fraud
and vote suppression--to the docket.

MCM

Leahy Proposes 'Truth Commission' to Probe Bush Abuses

By Jason Leopold   
The Public Record

Monday, 09 February 2009 12:07

<http://www.pubrecord.org/torture/673-leahy-proposes-truth-commission-to-probe-bush-era-abuses.html>http://www.pubrecord.org/torture/673-leahy-proposes-truth-commission-to-probe-bush-era-abuses.html

Senator Patrick Leahy Monday proposed the creation of a "truth and 
reconciliation commission" to investigate Bush administration abuses 
such as its use of torture and domestic surveillance.

Leahy, the chairman of the powerful Senate Judiciary Committee, made 
the announcement during a speech at Georgetown University's Law 
Center.

His announcement will likely be followed in the days ahead with a 
proposed bill to create an investigative panel "to get to the bottom 
of what happened, and why, so we make sure it never happens again."

"One path to that goal would be a reconciliation process and truth 
commission," Leahy said. "We could develop and authorize a person or 
group of people universally recognized as fair minded, and without 
axes to grind. Their straightforward mission would be to find the 
truth. People would be invited to come forward and share their 
knowledge and experiences, not for purposes of constructing criminal 
indictments, but to assemble the facts. If needed, such a process 
could involve subpoena powers, and even the authority to obtain 
immunity from prosecutions in order to get to the whole truth."

President George W. Bush and Vice President Dick Cheney both admitted 
publicly last year they had personally authorized the waterboarding 
of at least three suspected terrorists and allowed interrogators to 
use harsh methods against 33 other suspects. However, Bush and Cheney 
denied that these actions violated anti-torture laws.

Waterboarding is a technique that makes the victim believe he is 
drowning and has been regarded as torture at least since the Spanish 
Inquisition. The U.S. government has treated its use in battlefield 
interrogations as a war crime, and the Justice Department prosecuted 
a Texas sheriff in the 1980s for using waterboarding to extract 
confessions from suspects.

Last month, Leahy's counterpart in the House, Rep. John Conyers, 
introduced legislation to create a blue-ribbon panel of outside 
experts to probe the "broad range" of policies pursued by the Bush 
administration "under claims of unreviewable war powers," including 
torture of detainees and warrantless wiretaps.

In a column published Jan. 31 on the Huffington Post, Conyers said an 
examination of what the Bush administration has done requires a 
comprehensive overview of how these abusive policies evolved.

"While disparate investigations by committees of Congress, private 
organizations and the press have uncovered many important facts, no 
single investigation has had access to the full range of information 
regarding the Bush administration's interrelated programs on 
surveillance, detention, interrogation and rendition," Conyers wrote.

"The existence of a substantially developed factual record will 
simplify the work to come, but cannot replace it. Furthermore, much 
of this information, such as the Central Intelligence Agency's 2004 
Inspector General report on interrogation, remains highly classified 
and hidden from the American people. An independent review is needed 
to determine the maximum information that can be publicly released."

While Conyers has also called for the appointment of an independent 
counsel to launch a criminal probe into the Bush administration's 
policies, Leahy said his proposal would be designed to appease public 
demands for accountability and not recommend prosecutions of any sort.

"We need to come to a shared understanding of the mistakes of the 
past," said Leahy, a Vermont Democrat. "Rather than vengeance, we 
need a fair-minded pursuing of what happened....I don't want to 
embarrass anybody. I don't want to punish anybody. I just want the 
truth to come out so this never happens again."

Leahy said the commission, whose membership could either be 
congressional or presidential appointees, would have subpoena power 
and could grant witnesses immunity from prosecution in exchange for 
their testimony--except in cases of perjury--about how some of the 
Bush administration's most controversial policies were formed.

Leahy is one of a handful of Democratic leaders who has come out in 
support of investigating the Bush administration's policies since 
Barack Obama's inauguration last month.

Last month, Senate Majority Leader Harry Reid said he would support 
funding and staff for additional fact-finding by the Senate Armed 
Services Committee, which last month released a report tracing abuse 
of detainees at Guantanamo Bay and Abu Ghraib to Bush's Feb. 7, 2002, 
decision to exclude terror suspects from Geneva Convention 
protections.

Additionally, Sen. Sheldon Whitehouse, D-Rhode Island, a former 
federal prosecutor and a member of the Senate Judiciary Committee, 
said during a conference two weeks ago that, "we need to follow this 
thing into those dense weeds and shine a bright light into what was 
done."

Whitehouse's made those comments at a two-day medical conference 
sponsored by Physicians for Human Rights (PHR), which has called for 
an investigation into the Bush administration's use of interrogation 
techniques that have been widely regarded as torture.

"We can paper it over if we choose, but the blueprint is still lying 
there for others to do it all over again. It's important that we not 
let this moment pass," he told the 400 or so attendees.

Democratic Majority Leader Steny Hoyer of Maryland told reporters: 
"Looking at what has been done is necessary."  And House Speaker 
Nancy Pelosi expressed support for House Judiciary Committee Chairman 
John Conyers's plan to create a blue-ribbon panel of outside experts 
to probe the "broad range" of policies pursued by the Bush 
administration "under claims of unreviewable war powers."

Attorney General Eric Holder said during his confirmation hearing 
earlier this month that "waterboarding is torture," but the Obama 
administration has hesitated to launch new investigations of the Bush 
administration's crimes partly out of fear that would infuriate 
Republicans who might retaliate by obstructing Democratic economic 
plans during a deepening recession.

On Monday, some Republicans dismissed Leahy's remarks as "politics as usual."

"No good purpose is served by continuing to persecute those who 
served in the previous administration," said Rep. Lamar Smith, 
R-Texas. "President Obama promised to usher in an era of "change" and 
bipartisan harmony. Unfortunately, the continued effort by some 
Democrats to unjustly malign former Bush Administration officials is 
politics as usual."

Incoming CIA Director Leon Panetta said during his confirmation 
hearing last week that the Obama administration would not seek to 
prosecute CIA interrogators who performed brutal techniques, such as 
waterboarding, against suspected terrorist detainees.

Panetta told The Associated Press in an interview after his 
confirmation hearing that "we just can't operate if people feel even 
if they are following the legal opinions of the Justice Department 
they could be in danger of prosecution."

The authors of those legal memos, however, are under scrutiny by a 
Justice Department watchdog.

Sen. Whitehouse and Sen. Dick Durbin, D-Illinois, wrote a letter to 
the agency last year requesting an investigation into the role 
"Justice Department officials [played] in authorizing and/or 
overseeing the use of waterboarding by the Central Intelligence 
Agency... and whether those who authorized it violated the law."

The senators' Feb. 12, 2008, letter to Inspector General Glenn Fine 
and H. Marshall Jarrett, head of the Office of Professional 
Responsibility (OPR), asked them to examine whether the legal advice 
met professional standards and whether the lawyers were "insulated 
from outside pressure to reach a particular conclusion?"

Whitehouse and Durbin also asked what role was played by Bush's White 
House and the CIA in possibly influencing "deliberations about the 
lawfulness of waterboarding?"

Less than a week later, Jarrett responded by saying the senators' 
concerns were already part of a pending investigation that OPR was 
conducting into the genesis of the Aug. 1, 2002, legal opinion widely 
known as the "torture memo."

The memo, which gave a legal stamp of approval for the Bush 
administration's torture policies, was written by Deputy Attorney 
General John Yoo, who worked in the Justice Department's Office of 
Legal Counsel (OLC), and was signed by his boss, Jay Bybee, who is 
now a federal appeals court judge. Yoo is a law professor at the 
University of California at Berkeley.

The OPR inquiry is expected to be completed by early March.
--~--~---------~--~----~------------~-------~--~----~
You received this message because you are subscribed to Mark Crispin Miller's 
"News From Underground" newsgroup.

To unsubscribe, send a blank email to 
[email protected] OR go to 
http://groups.google.com/group/newsfromunderground and click on the 
"Unsubscribe or change membership" link in the yellow bar at the top of the 
page, then click the "Unsubscribe" button on the next page. 

For more News From Underground, visit http://markcrispinmiller.com
-~----------~----~----~----~------~----~------~--~---

Reply via email to