Special. Prosecutor.

There's more to the story:

The use of "borderline torture" against Zubaydah months before the first Justice Department memo authorizing harsh interrogations raises the question of whether Mitchell had legal permission to use abusive techniques.

The CIA suggests that he did.

"The Aug. 1, 2002, memo from the Department of Justice was not the first piece of legal guidance for the interrogation program," according to agency spokesman Paul Gimigliano.

Here comes Gonzo:

One source with knowledge of Zubaydah's interrogations agreed to describe the legal guidance process, on the condition of anonymity.

The source says nearly every day, Mitchell would sit at his computer and write a top-secret cable to the CIA's counterterrorism center. Each day, Mitchell would request permission to use enhanced interrogation techniques on Zubaydah. The source says the CIA would then forward the request to the White House, where White House counsel Alberto Gonzales would sign off on the technique. That would provide the administration's legal blessing for Mitchell to increase the pressure on Zubaydah in the next interrogation.

But according to Newt, Nancy Pelosi has to step down.

We need a special prosecutor. Without one, the current administration will be the proud owner of a big pile of morally-ambiguous mush.

Tags: alberto gonzales, torture (all tags)

Comments

20 Comments

Re: Special. Prosecutor.

Keep on hoping for a special prosecutor. Here are the developments of the day:

Obama admin opposes Valerie Wilson's lawsuit

by tarheel74 2009-05-20 05:18PM | 0 recs
Re: Special. Prosecutor.

Oh huffington post there's like a 50 inch headline for that.  You have to read all the way to the bottom to find out that it's about a dismisse civil suit that the Supreme Court already refused to hear.

by Jess81 2009-05-20 08:22PM | 0 recs
Re: Special. Prosecutor.

And that's not really a proud moment for the administration either...

by Rooktoven 2009-05-20 08:53PM | 0 recs
Re: Special. Prosecutor.

That was 4 years ago.

by Jess81 2009-05-21 01:09AM | 0 recs
Actually it is

the Supreme Court refused to hear it already, so the administration is doing what SCOTUS already ruled.

Sometimes it astounds me how liberals cry over executive power abuse, but then want Obama to use it when it suits them.

by DTOzone 2009-05-21 07:10AM | 0 recs
Re: Special. Prosecutor.

Amen.

by esconded 2009-05-20 05:20PM | 0 recs
Too bad Obama is dead set against it.

At least that's what Michael Isikoff reported on Rachel Maddow today.  Apparently he told the left wing that prosecution would be a "distraction".

That's right.  Prosecuting violent crimes is a "distraction".  God knows we can't be distracted from pursuing watered down health care and sops to Wall Street.

It's not just that he didn't want to pursue it himself.  He said he didn't want Justice pursuing it.  It's certainly not the kind of strength and courage in restoring America from the fascists that I was hoping for, anyway...

by Rooktoven 2009-05-20 07:40PM | 0 recs
Re: Too bad Obama is dead set against it.

The biggest problem is that he has wasted his political capital on this disastrous TARP which is just a bad idea whether you look at it from the right or the left. So now on issues that really matter he is being way to subservient. I thought our democrats would show some spine and do the right thing, but I guess in Washington the new boss is same as the old boss give and take a little.

by tarheel74 2009-05-20 08:10PM | 0 recs
Re: Too bad Obama is dead set against it.

I agree about the waste of capital, but he has a lot of it.  He could still take a principled stand and retain positive ratings.  The willingness to preserve status quo is pretty troubling.

by Rooktoven 2009-05-20 08:19PM | 0 recs
TARP was implement before he was elected

by DTOzone 2009-05-21 07:08AM | 0 recs
The Torture 13

Salon gives a list of 13 Bush administration officials who authorized and implemented the torture program.  These 13 should be the target of prosecution since they have no legal cover from the OLC memos.

1)Dick Cheney
2)David Addington
3)Alberto Gonzales
4)James Mitchell
5)George Tenet
6)Condoleeza Rice
7)John Yoo
8)Jay Bybee
9)William Haynes
10)Donald Rumsfeld
11)John Rizzo
12)Steven Bradbury
13)George W. Bush

13 key people in the Bush administration cannot claim they relied on the memos from the DOJ's Office of Legal Counsel. Some of the 13 manipulated the federal bureaucracy and the legal process to "preauthorize" torture in the days after 9/11. Others helped implement torture, and still others helped write the memos that provided the Bush administration with a legal fig leaf after torture had already begun.

The Torture 13 exploited the federal bureaucracy to establish a torture regime in two ways. First, they based the enhanced interrogation techniques on techniques used in the U.S. military's Survival, Evasion, Resistance and Escape (SERE) program. The program -- which subjects volunteers from the armed services to simulated hostile capture situations -- trains servicemen and -women to withstand coercion well enough to avoid making false confessions if captured. Two retired SERE psychologists contracted with the government to "reverse-engineer" these techniques to use in detainee interrogations.

The Torture 13 also abused the legal review process in the Department of Justice in order to provide permission for torture. The DOJ's Office of Legal Counsel (OLC) played a crucial role. OLC provides interpretations on how laws apply to the executive branch. On issues where the law is unclear, like national security, OLC opinions can set the boundary for "legal" activity for executive branch employees. As Jack Goldsmith, OLC head from 2003 to 2004, explains it, "One consequence of [OLC's] power to interpret the law is the power to bestow on government officials what is effectively an advance pardon for actions taken at the edges of vague criminal statutes." OLC has the power, Goldsmith continues, to dispense "get-out-of-jail-free cards." The Torture 13 exploited this power by collaborating on a series of OLC opinions that repeatedly gave U.S. officials such a "get-out-of-jail-free card" for torturing.


by IndepEnergy 2009-05-21 01:28AM | 0 recs
Re: Special. Prosecutor.

Yummy Yummy Mush.

by JDF 2009-05-21 02:10AM | 0 recs
The White House Counsel's Authority??

They tortured on the say-so of the White House Counsel that it was OK??

The WH Counsel has no official authority.  The position doesn't require Senate confirmation; the President can appoint anyone he likes to the position.  Any bozo can hold the job.

This would be a big fat joke if it didn't involve torture.

by RT 2009-05-21 06:44AM | 0 recs
So why the reluctance,

or rather determination not to prosecute.  He's bound and determined to let this slide.  What a freaking message-- "Torture, and we'll let bygones be bygones.  We don't want to dwell on the past..."

by Rooktoven 2009-05-21 07:09AM | 0 recs
Yeah, why did we bother?

Oh wait, you already wrote that diary a month ago.

I'm certain President John Edwards would have them all in jail by now.

by DTOzone 2009-05-21 07:26AM | 0 recs
Re: Yeah, why did we bother?

And you're still OK with not prosecuting torture.  Good to see some things stay constant.

by Rooktoven 2009-05-21 07:56AM | 0 recs
Re: Special. Prosecutor.

Aw..look at the cute little NOBama thread.  Isn't it pwecious!

by lojasmo 2009-05-21 12:50PM | 0 recs
Re: Special. Prosecutor.

Believe it or not, some liberals object to Obama's nonchalance about prosecuting torture.  

He's on the wrong side of this. The world isn't going to take our humann rights posturing seriously if Obama thinks he can just say "Oops, our bad.  Time to move on...".

It would be nice if Obama showed some guts.

by Rooktoven 2009-05-21 01:07PM | 0 recs
and then there are the cranky deadenders.

like you.

by DTOzone 2009-05-21 01:40PM | 0 recs
Re: Special. Prosecutor.

There may be consequences to prosecution AT THIS TIME that are greater than the lack of "justice".  I placed faith in Obama and I trust his judgement so far.

I would not want my ounce of flesh if the price is too high.  It looks more like Obama is trying to slowly wind down a very dangerous bomb without letting it blow up.  Everyone is still very emotional about this and one thing we do NOT need when prosecuting this is emotion...this has to be about law or it ends up being poisonously partisan, the proverbial "witch-hunt".  

I know, justice must be done.  But it MIGHT be better served with a 2 year cooling down period.  I trust Obama's MUCH BETTER INFORMED judgement on this for now.

by Hammer1001 2009-05-21 01:57PM | 0 recs

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