Torturers Still Getting Away With It

Saving real healthcare reform and forcing Congress to get it done before they go on vacation is still the top priority, of course. But we can't let equally critical issues fall by the wayside.

Like the Obama DOJ pretending it's going to prosecute those actually responsible for torture and other war crimes.

Glenn Greenwald explains:

Amazingly, reports that Eric Holder is considering commencing an investigation into Bush-era torture crimes has created extreme consternation in multiple Beltway circles despite how narrow and limited those investigations would be. As I wrote last week, numerous reports indicate that Holder wants to replicate the Abu Ghraib travesty by investigating only low-level interrogators who exceeded the torture limits approved by John Yoo and George Bush, and not investigate the high-level policy makers who instituted the criminal torture regime or the DOJ lawyers who authorized it.

Since then, the Newsweek reporter who first printed what DOJ officials told him about Holder's intentions, Daniel Klaidman, confirmed in an interview on The Young Turks that Holder intends to confine any investigations only to "rogue" interrogators who exceeded John Yoo's torture permission slips while shielding high-level Bush officials who acted in accordance with Yoo's decrees.

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If low-level CIA interrogators -- and only them -- end up as the targets of investigations because they used more water than John Yoo allowed, or turned the thermostat lower than the hypothermic levels which the DOJ permitted, or waterboarded with more frequency than Jay Bybee approved, I wouldn't blame the CIA for being furious. It was the regime itself, implemented at the highest levels of our government, that was criminal. Prosecuting only low-level interrogators who followed the torturing spirit of those policies but transgressed some bureaucratic guidelines would be a travesty on par with what happened with the Abu Ghraib "investigations." Though there is the potential benefit that a prosecutor could follow the trail to high-level officials notwithstanding Holder's attempts to limit the investigation (a result I think is quite unlikely), there is a strong argument to make -- as I made here -- that prosecuting only low-level "rogue" interrogators would be worse than no prosecutions at all, as that would only serve to further bolster our two-tiered system of justice.

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UPDATE: In comments, LBoogie makes an important point about the purported Holder approach of only investigating those who exceeded what John Yoo permitted:

The huge problem here is precedent. In specifically directing an investigation of those who exceeded Bush's torture authorization, our Justice Department is actually giving legal credence to Yoo, Bybee, and the Bush gang who sought to legalize these clearly illegal methods. Investigating only those who went beyond Yoo's memos affirms, as legal basis, Bush's detention and torture policies as the backdrop to be measured against; in effect establishing those practices listed in the memo as the legal standard.

It is less damaging to investigate no one at all than to use the Bush standard to measure those few who exceeded even those most grotesque of practices against. All we'll end up with is a few more Charles Graners in prison, everyone above middle management getting away without so much as public acknowledgment of having done something wrong, and a de facto Justice Department affirmation that not only will Bush's team not be investigated for having done something wrong, but that they never did anything wrong at all as those same standards become accepted baseline to measure future prosecutions against.

This is far worse than Obama's previous "look forward, not backward" stance. This is looking backward and establishing crimes and indignities against humanity as solid legal footing.

Exactly. It's one thing for a prosecutor to decide, as a matter of standard prosecutorial discretion, that those memos would make it too difficult to obtain a conviction, but to declare ahead of time that they constitute immunity as a matter of DOJ policy is another thing entirely. An investigation grounded in this premise would be to institutionalize the incomparably dangerous notion that anything the President does is legal provided he finds some low-level DOJ functionary to write a memo saying it is. The torture tactics Bush ordered are criminal no matter how many memos John Yoo wrote saying they weren't.

Read the whole thing.

Yes, President Obama has a lot on his plate, but that means we have even more on ours. He can kick the torture can down the road with Holder's head-fake, so it's up to us to call him on it and demand real prosecutions of the real war criminals, because anything less continues to shred the Constitution and turn this country into a rogue nation.

Keep the pressure on. Here's a quick way to get to the contact information for your elected officials. (Scroll down to box on the right labelled "My Elected Officials" and enter your zip code.)

Alternatively, Max at Firedoglake explains how to put recalcitrant congress critters up against the wall - the Facebook wall.