Attorney General Eric Holder said it before, and he said it again yesterday (emphasis added):
The men and women in our intelligence community perform an incredibly important service to our nation, and they often do so under difficult and dangerous circumstances. They deserve our respect and gratitude for the work they do. Further, they need to be protected from legal jeopardy when they act in good faith and within the scope of legal guidance. That is why I have made it clear in the past that the Department of Justice will not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees. I want to reiterate that point today, and to underscore the fact that this preliminary review will not focus on those individuals.
And with these words, Holder baptized the infamous OLC memos as legally binding doctrine that validates the conduct of anyone who wishes to offer the same defense put forward by the defendants at Nuremberg: "Befehl ist Befehl," or in English, "an order is an order."
As one who has explored my own German heritage in depth, Nuremberg is quite familiar to me, and I can recognize "Befehl ist Befehl" in whatever language Holder would care to use to express it. That he would invoke it on behalf of agents of my own government is beyond odious.
Supreme Court Justice Robert Jackson, chief US prosecutor at Nuremberg and one of the architects of those proceedings, would be in tears to hear these words coming from one of those who followed in his footsteps as Attorney General of the United States.
Contrast Holder’s words above with those of Justice Jackson in his opening statement at the Trial of the Major War Criminals at Nuremberg on November 21, 1945 (Vol. 2, pp. 104-105):
It is my purpose to open the case, particularly under Count One of the Indictment, and to deal with the Common Plan or Conspiracy to achieve ends possible only by resort to Crimes against Peace, War Crimes, and Crimes against Humanity. My emphasis will not be on individual barbarities and perversions which may have occurred independently of any central plan. One of the dangers ever present is that this Trial may be protracted by details of particular wrongs and that we will become lost in a "wilderness of single instances". Nor will I now dwell on the activity of individual defendants except as it may contribute to exposition of the common plan.
The case as presented by the United States will be concerned with the brains and authority back of all the crimes. These defendants were men of a station and rank which does not soil its own hands with blood. They were men who knew how to use lesser folk as tools. We want to reach the planners and designers, the inciters and leaders without whose evil architecture the world would not have been for so long scourged with the violence and lawlessness, and wracked with the agonies and convulsions, of this terrible war.
Quite a difference, don’t you think? Holder says "never mind the planners and their orders — just go after those who went beyond their orders." As bad as that is, the comparison gets worse. . . .
Again from Jackson (p. 112), we get a picture of the kind of crimes he was talking about:
Secret arrest and indefinite detention, without charges, without evidence, without hearing, without counsel, became the method of inflicting inhuman punishment on any whom the Nazi police suspected or disliked. No court could issue an injunction, or writ of habeas corpus, or certiorari.
All this was set up with orders, memos, and legal opinions, listing procedures to be followed and directing the efforts of those lower down the chain of command, many of them secret but well documented within the circles of power. Sound familiar?
More Jackson (p. 144):
International law, natural law, German law, any law at all was to these men simply a propaganda device to be invoked when it helped and to be ignored when it would condemn what they wanted to do. . . . Of the criminal nature of these acts at least, the defendants had, as we shall show, clear knowledge. Accordingly, they took pains to conceal their violations.
Why does the DOJ’s classification of the OLC memos and their efforts to keep them away from the prying eyes of those in Congress charged with oversight until well after the fact come to mind? Why would an OLC opinion stating that the president has the unilateral power to withdraw from treaties [pdf] be classified at all?
Back to Jackson (p. 150):
Of course, the idea that a state, any more than a corporation, commits crimes, is a fiction. Crimes always are committed only by persons. While it is quite proper to employ the fiction of responsibility of a state or corporation for the purpose of imposing a collective liability, it is quite intolerable to let such a legalism become the basis of personal immunity.
The Charter [Articles 7 and 8] recognizes that one who has committed criminal acts may not take refuge in superior orders nor in the doctrine that his crimes were acts of states. These twin principles working together have heretofore resulted in immunity for practically everyone concerned in the really great crimes against peace and mankind. Those in lower ranks were protected against liability by the orders of their superiors. The superiors were protected because their orders were called acts of state. Under the Charter, no defense based on either of these doctrines can be entertained. Modern civilization puts unlimited weapons of destruction in the hands of men. It cannot tolerate so vast an area of legal irresponsibility.
Yesterday’s statement by Holder repeated his grant of personal immunity to those in lower ranks who followed orders, and earlier repeated statements by the Obama administration have made it clear that they don’t want to investigate the higher-ups in the Bush administration for fear of being seen as politicizing the work of justice and for fear of having their political agenda elsewhere derailed by the furor over such an investigation. In so doing, the Obama administration has taken the careful work of the most impressive judicial tribunal in history, and the legal doctrines outlined by one of the giants of the US legal system, and overturned them both.
Sir David Maxwell-Fyfe, British Deputy Chief Prosecutor, and de facto day-to-day head of British legal team at Nuremberg, described the actions of those at the upper levels of the chain of command like this (August 29, 1945, vol. 22, pp. 235-236):
They carried out orders which on the admission of many of them bit deep into the remnants of their consciences. They knew that they were doing what was wrong, but they now say "Befehl ist Befehl"–an order is an order.
All decent men find it difficult to blame others for absence of moral courage–they are only too conscious of their own failings in that direction. But there comes a point when, faced with crimes which are obvious murder or barbarity, there is a higher duty. . . . Great captains are not automata to be weighed against a rubber stamp. I need not traverse the history of our military figures–the philosophy of Montrose, the brooding thoughts of Marshal Ney, the troubled heart of Robert E. Lee in 1861–to find examples. Two of the greatest names in German military history spring to one’s mind: Von Clausewitz leaving the Prussian Army to serve in that of Russia; Yorck von Wartenburg making his decision of neutrality–both put what they deemed the needs of Europe and humanity above the orders of the moment. How much more clear and obvious was the duty when the work of drafting, issuing, and carrying out [various specific orders] meant the defiling of every idea which every soldier cherishes and holds dear; when–as all of them who ever served upon the Eastern Front could see with their own eyes–they were asked to support and co-operate in a calculated system of mass-extermination and utter brutality.
Great captains are not automata, and neither are great legal officers. Justice Jackson and Sir Maxwell-Fyfe understood that; Attorney General Holder apparently doesn’t.
Spencer talked about this a couple of weeks ago, noting how very bad an idea it would be for an investigation to ignore what he called "the climate of command responsibility within which any interrogator operated." But at least some of the interrogators knew their Nuremberg history, as Marcy noted at the end of her working thread on yesterday’s document dump:
One officer expressed concern that one day, Agency officers will wind up on some "wanted list" to appear before the World Court for war crimes stemming from activities [redacted] Another said "Ten years from now we’re going to be sorry we’re doing this … [but] it has to be done."
Attorney General Holder now sits in the upper levels of the chain of command, and he is being confronted with exactly the kind of "higher duty" question when it comes to investigating not simply the underlings who exceeded their authority but the very people who granted the authority in the first place. Sadly, he prefers to let the rubber stamp of authority rule over the needs of the nation to hold those in authority to account.
I guess this means he won’t be using my opening statement for the prosecution in the trial of US v. Bradbury, Bybee, and Yoo. Perhaps it might come in handy if (or when?) the House Judiciary Committee opens impeachment hearings on Judge Bybee. Oh, Mr. Conyers . . .




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A crime is a crime is a crime. No pixie dust or holy water can wash it away.
You’re correct. Holder has just consecrated Yoo’s OLC memos.
So let’s see if I get this. Scarborough and company are going nuts because this is too much and we are going nuts because it’s not enough? Nuts.
Thank you peterr, this is both moving and powerful.
These defendants were men of a station and rank which does not soil its own hands with blood.
Sadly, Holder and Obama are now joining Cheney, Bush, Yoo, Addington and the rest as Lady MacBeth’s with stains that will never wash out.
Peter,
The most disgusting thing about this is that Uniform Code of Military Justice recognizes that certain orders are illegal. What’s more, it requires that officers refuse to execute illegal orders.
In the real world there will be slippage in combat situations. But Abu Ghraib and Guantanamo were anything but combat situations.
So, what Holder has established is that certain government functionaries operating under color of authority are free to do things that our military are not permitted to do. Nice.
Unfortunately, the Nürnberg trials were a farce and travesty of justice — they were a victor’s form of justice.
To Scarborough and his friends, anything was too much. For us, everything might be enough. But it might not be, either.
In what sense, Alan? Because only Germans were on trial? Or because the Russians were there asking why we were bothering with a trial, rather than simply hanging them all?
If you have a problem with what Holder is doing, take it up with Obama. Holder is doing exactly what Obama wants him to do.
Boxturtle (Msg to Holder: Your sayin’ so don’t make it so)
Speaking of taking pains to conceal their violations, Marcy’s uncovered another example: the existence of an undated and unsigned document entitled, “Legal Principles Applicable to CIA Detention and Interrogation of Captured Al-Qa’ida Personnel.”
Undated and unsigned legal advice? Yeah, that’s the product of an office that proudly stands behind its work.
The Holder quotation, it seems to me, doesn’t say anything about pursuing or not pursuing the designers and implementers. It seems to speak only to those worker bees who exceeded even the rules as designated from above. It doesn’t, as far as I can see, preclude investigating as far as it takes to establish in the record who the designers and implementers were and who could be categorized as following orders. I still think the statement allows for taking the investigation where the facts lead.
Good morning,Petrr.
Coincidentally, I JUST finished reading a thought provoking piece over at Truthout.It may be of interest to you.
Here’s a small excerpt:
TUESDAY 25 AUGUST 2009
Secret Prisons and Sovereignty
Saturday 22 August 2009
by: Bernard Keenan | Visit article original @ The Guardian UK
Has Obama simply adopted a doctrine of the Bush administration, or does the ongoing existence of secret prisons and extralegal detention reveal something more about the limits of law itself?
In times of war, it is generally agreed that the executive branch of government could adopt emergency powers to suspend the normal legal order. In such a “state of exception”, as investigated by Italian theorist Giorgio Agamben, normal legal rules are superseded by facts of life. The distinction between legal rule and bare necessity becomes blurred.
In a time of emergency, the Nazi jurist Carl Schmitt wrote, “sovereign is he who decides on the state of exception”. No sooner had Hitler come to power than he declared personal liberties contained in the constitution of the Weimar republic to be suspended, to bring about the Third Reich. His decree was never repealed, and so the entire 12 years of his rule was, in legal terms, a state of exception during which his word was law. The definition of a sovereign, for Schmitt, is the legal power to suspend legality itself.
Interest in Schmitt was understandably renewed following the declaration by the US president George W Bush in November 2001 that “enemy combatants” would be detained without access to normal courts. The ordinary laws of war would not apply to them. This decision fitted Schmitt’s concept of sovereign power to the letter. But in Agamben’s reading, this is not simply a particular doctrine adopted by the Nazis and the Bush administration. Rather it is inherent in the structure of sovereignty and law. For Agamben, the “state of exception” is in fact the normal situation. The power to create legal black holes is not so much an abuse of executive power; it is something built into the nature of executive power itself.~~~~~~~~~~(Excerpt)
peterr, a numbing post, thanx for making it
a reminder, you saying it was fine to crush the testicles of children
Torture has been codified. It is now legal. And if it is illegal, and OLC lawyer can just legalize it again. Our government is out of control. Obama is now complicit in war crimes. Oh, sorry, forgot, war crimes do not exist any longer. Ah, well, I guess ‘Might Makes Right’ is as good a foreign policy as ‘Shut Up Or We’ll Nuke You’. This country is over.
The MSM is fulminating over Abdul al-Megrahi, who was recently released to go home to die of prostate cancer. He was convicted of the 1988 Lockerbie bombing, although he always maintained his innocence.
Megrahi was an employee of the Libyan government. If he had worked for the US government, he presumably would have been eligible for the “following orders” defense that Uncle Sam affords to the state-sponsored torturers in its employ.
Holder’s actions in the Marc Rich pardon showed what kind of honor he has. He violated the rules of the Justice Department to get his boss, Bill Clinton, what he wanted and the person representing the person he obtained the pardon for, “Scooter” Libby knew he had to do whatever it took to get what he and his people wanted.
We are dealing with moral relativism that leads to tortured logic just to allow odious, expedient acts to be performed in our name. The people who drafted the covering documents and those who issued the orders haven’t the slightest idea what really constitutes honor.
The question now is what do we do when the GOP returns to power and all these legal opinions are still controlling when they decide go after a restless population here at home.
I think Larry Flynt’s call for a general strike is a good first step in confronting the monsters who have become our government.
@11
Search Resultst r u t h o u t | Secret Prisons and SovereigntySecret Prisons and Sovereignty. Saturday 22 August 2009. by: Bernard Keenan | Visit article original @ The Guardian UK …
http://www.truthout.org/082409C – 23 hours ago – Similar
Were they perfect? Hardly. But the fact that not everyone tried at Nuremberg was convicted says something for the honesty of the process.
Jackson himself addressed this in his opening statement (pp. 101-102 at the link above):
The judges may have been the victors, but the defendants were convicted on the basis of their own documents, films, and the words of their own mouths.
I don’t have a problem with Obama (or Bush for that matter) declaring anyone captured on a battlefield as a prisoner-of-war and detaining them for the duration of the conflict under all the applicable rules.
That’s what happens to captured prisoners: they are detained until the end of the conflict. But they are entitled to humane treatment, and their human needs have to be met.
I recently read Schmitt’s “The Concept of the Political” and it shows where the criminals in both parties get their thoughts on how to govern.
There was also the international aspect of the crimes of Germany that should have been more thouroughly investigated.
http://www.youtube.com/watch?v…..8;index=13
Absolutely thay are entitled to humane trestment. As US citizens are…and SHOULD be entitled …regarding health care.But that’s another kettle of fish…..
My issue is with “LeRoi c’est Moi” power that provides unbridled authority and impunity for executive decisions.
For them it’s the beginning of the end,
For us it’s the end of the beginning….
That will be decided when a Nuremburg 2.0 is instituted as required by THE LAW OF THE LAND.
International treaties and the Constitution have not been repealed.
At the risk of being repetitive, the Attorney General is supposed to be independent of the President. The AG is the highest law enforcement official in the country. The buck stops with him. If he is in fact acting as a political operative of the President, then the rule of law is lost. Put the responsibility where is belongs – squarely on Holder’s shoulders.
The chief thing about the Nuremburg trials is that the victors tried and convicted the vanquished.
If individuals are to have Nuremburg-style justice for the Bush Reich, they must become the victors.
That ain’t going to happen at the ballot box.
President Barack Obama
Ankara, Turkey
April 06, 2009
Perhaps The AG should be addressed as Attorney General Holdover?
@26
Hmm…and how does this reconcile with the “let’s look forward” meme that Obama promulgates here in the US?
Thanks Peterr
How blest are those who hunger and thirst to see right prevail, right here at the lake.
Robert H. Jackson, on Hans Frank, Hitler’s Lawyer
link?
You certainly can’t expect us to hold our President to the standards established for others, can you?
Sibel Edmonds’ testimony just released.
To refer to this dereliction of Rule of Law as being odious is correct.
One can only surmise as this dereliction of law abide is steered more and more away from understood process of there being consequences for breaking the law — especially in this brazen business of condoning torture,doing torture and then trying to justify it — is the door best left closed.
In time this entire premise of torture being done and then not punished from those at top of command/control chain downwards will reek of the cheap politics,the lack of principled law abide and the nonsense and stupidity of those who would ignore what was done being the politics of doing othersise are not “convenient”.
President Obama has now walked himself into the same box G.W.Bush and Richard Cheney are already in.
That three Bush WH AGs are now in — plus one Obama WH AG are now in.
Plus a layer or two of lesser participants from Yoo to Addington to several CIA and Pentagon ringleaders — just for starts.
AG Holder should understand that if he does not enforce the laws he too will have to answer for it — as will President Obama.
The other problem is what is WashingtonDC going to do when Americans are captured or snatched and end up being tortured?
What is WashingtonDC going to do? Say we can do torture but you can not?
American leaders can order and do torture but other leaders should not or can not?
This all is odious. Some truly craven stupidity is at play here as well.
It’s much easier to do when the folks in the dock have unconditionally surrendered.
That is still no excuse for Holder and DOJ not to do the heaving lifting.
Ankara Speech – transcript
and I should have thanked you for your post – you certainly speak for me
It would seem that the intent of the Holder investigation is not justice in it’s truest sense. How will all of this square with international law? Are we not bound to fully investigate crimes against humanity and take those investigations wherever they lead?
Yeah, yeah, I know. Silly me. Just another DFH who cares about justice.
The whole thing makes me so sick words fail. Glad you found the words, Peter.
Bingo
wow, great frigging link!
I can’t wait to read that testimony
It would seem that an investigation cannot include caveats of who or what cannot be part of the investigation if it leads there. Why bother to have an investigation that won’t blame the low end guys because they did what they thought was legal because someone told them it was, or the higher ups because some lawyers said it could be legal with what seems to be twisted logic.
If this investigation is to be honest and truthful it will expose the wrong doing. Then it is a matter of what to do when the facts are out. It appears that the admin is using the following logic:
We will not prosecute the big guys
We will not pin it on the little guys
Therefore limit the investigation so we don’t have to face inconvenient truths.
Does this mean that the guys who wrote the order (and those who did not did not go past what was approved) did not brake the law or the Geneva C. If that was true, does that mean it is true now? If the President of the US can make those kind of orders without committing war crimes, what other world leaders also have that right?
This entire situation is Kafkaesque.
The past administrations did some fancy footwork to dance around the law and this one seems to be saying they don’t care and want to move on.
Most will say that makes them complicit in the crimes of the past, since they have a legal and moral imperative to stand aside and let the law with it’s blind justice, let the chips fall where they may.
People in power at any level think they have all sorts of discretion in their decision making. They do. But there can be consequences.
Holder uses pretty much the same argument that the Nazi’s would have used had they been victorious in Europe and then had a fit of conscious. Go after the underlings and let the big fish off the hook. Breathtaking
And here’s what Spencer wrote:
Per the wikipedia:
Note that Yamashita was executed for fail to stop war crimes that he should have known were on going. He was not convicted of authorizing anything.
IMHO, Nancy Pelosi should be prosecuted under the doctrine of command responsibility for taking impeachment off the table.
‘cuse me, what was that again Mr President ??
Holder has again reminded me of another of his best and brightest
contemporaries, Condi Rice. He has the same self absorbed look and
indifference to history beyond current events that guarantees him a
seat at the big table. Is this the end product of the civil rights
struggles of the 19th and 20th centuries… if he and Obama keep it up
they will make a new legacy we all will have to live down.
appalling.
we have come so far and fallen so low.
if one of the attackers’ goals was to knock the US off its moral pedestal (which was cracking of internal stresses), it is fully accomplished.
AG Holder, like Obama and Bush, is ignoring the elephant in the living room. In Holder’s case, it is that the “legal” guidance on torture issued by his two predecessors was so flawed as to be obvious, incompetent and inherently unreliable. The “guidance” on torture was intended and seen by its perpetrators as after the fact papering of illegal acts, a single roll of toilet paper in a cholera ward, so to speak.
If the legal opinions at issue were credible and sound, had they not made false arguments, ignored binding precedent and wished away dangerous facts, Holder’s argument, too, would be sound. They weren’t. And neither is Holders’.
Under normal circumstances, Holder’s argument would comfort the grunts who never saw those opinions but who were told by their superiors that their orders and actions were “legal” and they had DoJ opinions to prove it. But in the down the rabbit hole world that has become the Beltway, it is those grunts who are to be investigated, not the few who saw or wrote or designed those deeply flawed opinions.
Apart from the tensions this faulty position should give Mr. Holder, it ought to insure that he suffers the same fate as ‘Fredo, not being able to find work. Predictably, however, his ability to repeat this argument without laughing or crying uncontrollably will be the biggest draw in his resume.
As a matter of interest, I think this language comes from the Alstoetter case, sometimes called the Judges Case or the Attorneys case.
One of the biggest problems with Nuremberg is that nations find it easy to impose the principles on nations they have defeated in war, but extremely difficult to apply it to their own conduct. Peterr’s repetition of the phrase “Great captains are not automata” brings this point close to home. The US Army acknowledges that the principles of Nuremberg apply to it, and they teach it to soldiers over and over.
I guess we now know that Holder is unable to live up to the principles of the US Army.
No, the Judges’ Case was the third of the Nuremburg trials– this came from the very first trial, with the highest ranking defendants of the Nazi regime.
I haven’t looked at those trial docs, but I wouldn’t be at all surprised if they didn’t pick up on the language of Jackson and Maxwell-Fyfe for their arguments.
Whatever happens with health insurance reform and repairing our fractured economy, whether good or bad, will pale into relative insignificance when compared years from now to this odious break from the Rule of Law.
This whitewash will forever be associated with Obama’s and Holder’s names, which shall deservedly and forever be synonymous with disgrace, cowardice, and shame.
Bin Laden said that his goal was to “bankrupt America,” but I thought he meant “fiscally.”
Let us review the law:
CONSTITUTION OF THE UNITED STATES OF AMERICA
Article. VI.
Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
CONVENTION AGAINST TORTURE
and Other Cruel, Inhuman or Degrading
Treatment or Punishment
Part I
Article 1
1. For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
Article 3
1. No State Party shall expel, return (”refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
Thank you. If I may add: UNCAT Article 7:
In other words, if we don’t prosecute those who (1) acted in good faith and (3) stay within the bounds of their (illegal) orders, then we must extradite them.
Interesting tidbits from Holdout’s,er,I mean Holder’s bio on Wiki:
Holder briefly served as Acting Attorney General under President George W. Bush until the Senate confirmed Bush’s nominee John Ashcroft.[14]
Private practice
From 2001 until he became Attorney General, Holder worked as an attorney at Covington & Burling in Washington, D.C.,[8]
Holder favors closing the Guantanamo Bay detention camp,[28] although he has said that the detainees are not technically entitled to Geneva Convention protections.[29]~~~~~~~~~~~~~~~Wiki
NOTE: Michael Chertoff joined Covington and Burlington in March,2009,after departing DHS.
Google Covington and Burling /CIA sometime.
But what constitutes “severe pain or suffering?” John Yoo said in his memo that it was pain that approximated that of organ failure, and anything short of that wasn’t “severe” enough to be covered. That enabled President Bush to declare that whatever we were doing wasn’t “torture,” and therefore he could say with a straight face “we don’t torture” and here’s the legal opinion telling me why that is so.
You have to deal with the politicization of the Justice Department first. That’s where the slide down the slippery slope began. When the Bush White House was able to go to the Justice Department and ask for a memo that enabled them to get around the Convention Against Torture (among other things), and they actually got such a memo, that’s where things went wrong.
Even John Ashcroft, as maligned as he is, had a line he would not cross and suffered pangs of conscience about what was happening (though apparently not strong enough to act to prevent it). Alberto Gonzales had no such scruples, apparently.
I fully expect, in the fullness of time, that Bush Administration officials will be brought to account for their actions. Maybe it’s too soon, and the full enormity hasn’t sunk in. But it will. The truth will out, and whether it’s us or Spain or someone else, the Bush Administration will have to answer for what happened.
What is wrong with these freaks? Didn’t ANYONE take even one history class in public school???? I distinctly remember studying that Nazis, even if they were following orders, were prosecuted.
Too bad WWII was so long ago. Wouldn’t it be interesting if some real Nazis (as opposed to right-wing whining) spoke up and said, “I am in prison, 50 years later, and I, too, was just following orders?
Those who ignore history are doomed to repeat it. I wish! Not that I wish for another holocaust, but that those responsible would be punished.
And what’s more, those who did the right thing get nothing. See how fast they don’t do the right thing next time, if there are no consequences for it.
And, of course, don’t stop at the lower-level CIA criminals — go all the way up — to Cheney, Rumsfeld, and Bush.
Thank you, peterr. This diary should hit the front pages of every newspaper and online news coverage. Holder has been weighed in the balance…and found wanting.
Cardinal Richelieu’s blanket pardon in “The Three Musketeers” comes to mind.
Since we know that Bush and Cheney approved of water-boarding and other harsh interrogation techniques it seems fairly likely that nearly anything might be defended as being appropriate. The Department of Justice says it is not interested in individuals who had permission to act illegally so long as the believed they were given permission and we know the kinds of action that John Yoo defended. Neither the Obama Administration nor Holder have repudiated Yoo so we can assume that punishing harsh techniques is not on the table. Given that Yoo effectively defended any act that didn’t destroy a major organ quickly as appropriate, the Holder Preliminary Review does not sound much like an investigation in to misdeeds.
We can assume that those who are looked at by Holder will get a clean bill of health which would effectively make further investigations into currently questionable acts unacceptable. Rather than being interested in Nuremberg as a standard, Holder appears to be actively cleaning up after the Bush administration. Or perhaps, since so little has changed in terms of policy over the last 8 months, they are effectively cleaning up after themselves as well.
By way of reference for those that want to believe this circumstance is an anomaly, Calley spent three years under house arrest for his part in My Lai. The three soldiers that tried to halt the massacre were denounced by US Congressmen as well as getting death threats and hate mail for years afterwards.
Anything done with the intent to follow orders is the new good faith.
Many years ago when part of my degree required passing Public International Law, we discussed and studied such quaint things as the Nuremberg Trials and The United Nations. I am glad that Peterr is one American who has not forgotten them.
CIA = Gestapo in their conduct?