Legal Ethics
Obama Won’t Rule Out Prosecution of ‘Torture’ Memo Authors
Posted Apr 21, 2009 12:40 PM CST
By Debra Cassens Weiss
President Obama says he wants to look forward rather than backward in the controversy over harsh interrogations of terrorism suspects—but he’ll also look to his attorney general for a decision on whether to prosecute Department of Justice lawyers who wrote memos authorizing the tactics.
Obama didn’t rule out the possibility of lawyer prosecutions in a question-and-answer session with reporters today, according to reports by CNN and Reuters. He said it will be up to Attorney General Eric Holder to make the call on how to proceed.
Last week, Obama said he doesn’t support prosecuting CIA officials who in good faith carried out interrogations authorized by the memos. But Obama punted today when asked about the lawyers who wrote the legal memos.
"With respect to those who formulated those legal decisions, I would say that is going to be more of a decision for the attorney general within the parameters of various laws, and I don't want to prejudge that," Obama said.
"I think that there are a host of very complicated issues involved there. As a general deal, I think we should be looking forward and not backward. I do worry about this getting so politicized that we cannot function effectively, and it hampers our ability to carry out critical national security operations."
Lawyers who wrote or signed the "torture" memos include Jay Bybee, now a judge on the 9th U.S. Circuit Court of Appeals; John Yoo, now a Berkeley law professor; and Steven Bradbury, who is unemployed, according to a story published last month.
The Justice Department’s Office of Professional Responsibility is investigating the memos and their authors, notes the Atlantic’s Washington with Marc Ambinder blog.
Stories published in Newsweek and the New York Times in February said a draft version of the OPR ethics report “sharply criticizes” all three DOJ lawyers. The findings could be turned over to state disciplinary authorities or could be referred for criminal investigation, the Times story said.
The Washington blog wonders why the lawyers should take the blame. “What about policy-makers at the White House?” the blog asks. “If they're immune—why blame (legally blame) the lawyers who carried out their decisions? That'd be like prosecuting Enron's lawyers but allowing Ken Lay or Jeff Skilling to escape?”

Comments
J.D.
Apr 21, 2009 12:59 PM CST
He was against it before he was for it…. Hmmm…. Is John Kerry a policy adviser now?
Also, even the WashPost doesn’t so flippantly use the word “torture” in this story.
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B. McLeod
Apr 21, 2009 1:33 PM CST
I think the President has now realized how difficult it is going to be for him to continue to waffle on the question of whether he has moral values or supports the rule of law. Hence, a cynical decision to “distance” himself from the planned non-action, by pushing this off on Eric Holder.
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J.D.
Apr 21, 2009 9:38 PM CST
Will all the “harsh interrogation doesn’t work” dimwits finally start thinking now that the White House has spoken?
Here’s the new question: Since the WH admits that water-dunking terrorists saves lives, why is Obama ending it? Does he want the terrorists to win?
Intel chief: Harsh techniques brought good info
http://www.msnbc.msn.com/id/30335592/
WASHINGTON - President Obama’s national intelligence director told colleagues in a private memo last week that the harsh interrogation techniques banned by the White House did produce significant information that helped the nation in its struggle with terrorists.
“High value information came from interrogations in which those methods were used and provided a deeper understanding of the al Qa’ida organization that was attacking this country,” Adm. Dennis C. Blair, the intelligence director, wrote in a memo to his staff last Thursday.
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B. McLeod
Apr 22, 2009 12:31 AM CST
The whole “intelligence” community is just covering its own backside over the ongoing failure to track down Osama Bin Laden. Somebody at the top level needs to get busy planting boots on backsides of CIA staff until they can manage to get motivated and get this done. After eight years, the American people need some results instead of lameass excuses and bullshit stories from these damnable bureaucrats.
As far as the “significant information” story, that is bullshit too. For any military, paramilitary or intelligence force, it is standard operating procedure to nullify, with 48 hours of an officer’s capture, all value in the information known to the captured person. This means that all the assets and operatives known to them will be moved, and all plans known to them will be discarded, within that 48-hour period. We do it, and everyone else does it too, because the presumption must be that the capturing force has the information once they have the captive. This is why the Cheney story of a “thwarted attack” on Los Angeles is particularly incredible bullshit. What really stands out is that the normal counter-measure to delay the 48-hour information cleanup (i.e., the commonsense step of not announcing to the whole world that you have the prisoner) was also totally bungled by the CIA in each case. Simply put, it was more important to them to announce the captures for their public image than to protect whatever intelligence they might otherwise have obtained. Once again, it was amateur hour at the CIA. This septic tank of bumbling morons is going to need to be cleaned up, if the President cares about national security. If we have reached the point where we have to borrow someone frm Britain or Israel that knows their ass from siccum about intelligence, so be it. We can ill afford to keep sending in the clowns.
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J.D.
Apr 22, 2009 9:28 AM CST
And yet, attacks against U.S. interests have been stopped, one after another for the past eight years…
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B. McLeod
Apr 22, 2009 10:16 AM CST
Gosh, yes. In the sense that attacks did not happen, they must’ve been “stopped.” But this was done by an old guy in Minneapolis, not the CIA (same quantum of evidence supports either theory). Oh wait, Reid, the would-be shoe bomber, was stopped by airline passengers, after the CIA utterly failed to detect the plan or take any action to stop it. I guess they are waiting to see if some airline passengers will track down Bin Laden, too.
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J.D.
Apr 24, 2009 8:53 AM CST
Yet your plan is for the gov’t to do less to protect us…. I think most jihadists would support your position, McLoed.
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B. McLeod
Apr 24, 2009 11:36 PM CST
No. My plan is that the government should engage in more and smarter protective conduct, and spend less effort on creating false appearances that they are doing something when they are not. In a conflict, analysis should be upon defeating the enemy, and not upon creating false appearances of progress. More action. Fewer lies. Real progress. Get Bin Laden. (Let me know if I still need to use simpler, shorter words).
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