When Fascism Came to America
William Pfaff | Apr 21, 2009
http://www.truthdig.com:80/report/item/20090421_when_fascism_came_to_america/

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Washington Post calls on Attorney General Eric Holder to appoint a Special 
prosecutor
http://groups.yahoo.com/group/PresidentBarakObama/message/15193 
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http://www.washingtonpost.com/wp-dyn/content/article/2009/07/26/AR2009072602192.html
Interrogations and Prosecution
U.S. operatives who went beyond Bush-approved methods in questioning detainees 
must be held accountable.
     
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Monday, July 27, 2009 

IN APRIL, Attorney General Eric H. Holder Jr. declared that it "would be unfair 
to prosecute dedicated men and women working to protect America for conduct 
that was sanctioned in advance by the Justice Department." He was speaking, of 
course, of CIA operatives and other government interrogators who complied with 
the "torture memos" authored by the George W. Bush-era Office of Legal Counsel 
(OLC). 

Mr. Holder was right to shield these interrogators from criminal prosecution. 
He is now confronted with a different question: What to do about those who may 
have gone beyond -- perhaps far beyond -- even what the OLC sanctioned? 

We reject the distorted interpretations that underpin the OLC memos and that 
serve as legal justification for harsh interrogation techniques that either 
border on or constitute torture. But those who relied on the memos and shaped 
their behavior in the good-faith belief that they were following the law should 
not be subject to prosecution. It is an entirely different story for those who 
went well beyond the often-extreme measures authorized by the memos. 

In 2004, the Pentagon reported that 34 deaths had occurred in detention 
facilities in Iraq and Afghanistan; at that time, nine deaths were classified 
by military medical examiners as homicides. While the Defense Department has 
conducted several courts-martial of military personnel in abuse or death cases, 
the same level of scrutiny has not been applied to civilian personnel. 

Take, for example, the case of Manadel Jamadi, an Iraqi insurgent captured in 
late 2003 and taken to the now-infamous Abu Ghraib prison. Navy SEALS delivered 
Jamadi "alive, kicking and shouting" to CIA interrogators, according to a Post 
account. Jamadi is believed to have died during the interrogation, while in CIA 
custody. 

A Navy SEAL was court-martialed and ultimately acquitted for his role in the 
Jamadi case. Yet CIA operatives involved in the matter have thus far escaped 
accountability. This is inexcusable. Even under the warped logic of the OLC 
memos, interrogations are forbidden if they result in pain associated with 
organ failure or death. Jamadi's interrogation clearly crossed that line. 

The task before Mr. Holder is not an easy one. If he authorizes an 
investigation, he could be accused by some of criminalizing policy differences 
with his predecessors. He may also appear to undercut President Obama's desire 
to leave the past behind and "look forward." The attorney general must put 
political considerations aside. He should assign a career prosecutor to look at 
the facts and apply the law. 

We continue to believe that an independent commission would best be able to 
shed light on a wide range of questions regarding detainee detention and 
treatment policy. It would help to ensure that such mistakes are never 
repeated. But some acts, including the violent deaths of detainees at the hands 
of U.S. personnel, must be investigated and addressed by law enforcement. 

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