Senator Whitehouse (D-RI) Calls For Investigations

by: Daniel De Groot

Thu Jan 22, 2009 at 19:47


Yesterday, during Senate debate on Lilly Ledbetter, Senator Whitehouse got up and said the following:


As the President looks forward and charts a new course, must someone not also look back to take an accounting of where we are, what was done, and what must now be repaired? Our new President has said, ``America needs to look forward.'' I agree. Our new Attorney General-designate has said: We should not criminalize policy differences. I agree, and I hope we can all agree that summoning young sacrificial lambs to prosecute, as we did after Abu Ghraib, would be reprehensible.

  But consider the pervasive, deliberate, and systematic damage the Bush administration did to America, to her finest traditions and institutions, to her reputation, and integrity. I evaluate that damage in history's light. Although I am no historian, here is what I believe: The story of humankind on this Earth has been a long and halting march from the darkness of barbarism and the principle that to the victor go the spoils, to the light of organized civilization and freedom.

Full speech inside. Nstrauss provides a link to the video.

Daniel De Groot :: Senator Whitehouse (D-RI) Calls For Investigations

Mr. WHITEHOUSE. Madam President, I rise as we celebrate a new President, a new administration, a new mode of governing, and a new future for America.

  Even in the gloom of our present predicaments, Americans' hearts are strong and confident because we see a brighter future ahead. President Obama looks to that future. Given the depth and severity of those present predicaments, we need all his energy to look forward to lead us to that brighter day, forward to what Winston Churchill in Britain's dark days called ``broad and sunlit uplands.'' But as we steer toward this broad and sunlit future, what about the past?

  As the President looks forward and charts a new course, must someone not also look back to take an accounting of where we are, what was done, and what must now be repaired? Our new President has said, ``America needs to look forward.'' I agree. Our new Attorney General-designate has said: We should not criminalize policy differences. I agree, and I hope we can all agree that summoning young sacrificial lambs to prosecute, as we did after Abu Ghraib, would be reprehensible.

  But consider the pervasive, deliberate, and systematic damage the Bush administration did to America, to her finest traditions and institutions, to her reputation, and integrity. I evaluate that damage in history's light. Although I am no historian, here is what I believe: The story of humankind on this Earth has been a long and halting march from the darkness of barbarism and the principle that to the victor go the spoils, to the light of organized civilization and freedom.

  During that long and halting march, this light of progress has burned, sometimes brightly and sometimes softly, in different places at different times around the world.

  The light shone in Athens, when that first Senate made democracy a living experiment, and again in the softer but broader glow of the Roman Empire and Senate. That light burned brightly, incandescently, in Jerusalem, when Jesus of Nazareth cast his lot with the weak and the powerless.

  The light burned in Damascus, Baghdad, Cairo, and Cordoba, when the Arab world kept science, mathematics, art, and logic alive, as Europe descended into Dark Ages of plague and violence.

  The light flashed from the fields of Runnymede when English nobles forced King John to sign the Magna Carta, and it glowed steadily from that island kingdom as England developed Parliament and the common law and was the first to stand against slavery.

  It rekindled in Europe at the time of the Reformation, with a bright light flashing in 1517 when Martin Luther nailed his edicts to the Wittenberg Cathedral doors, and faced with excommunication stated: ``Here I stand. I can do no other.''

  Over the years, across the globe, that light, and the darkness of tyranny and cruelty, have ebbed and flowed. But for the duration of our Republic, even though our Republic is admittedly imperfect, that light has shown more brightly and more steadily in this Republic than in any place on Earth as we adopted the Constitution, the greatest achievement yet in human freedom; as boys and men bled out of shattered bodies into sodden fields at Antietam and Chickamauga, Shiloh, and Gettysburg to expiate the sin of slavery; as we rebuilt shattered enemies, now friends, overseas and came home after winning world wars; and as we threw off bit by bit ancient shackles of race and gender to make this a more perfect Union for all of us.

  What has made this bright and steady glow possible is not that we are better people, I believe, but that our system of government is government of the people, by the people, and for the people. Why else does our President take his oath to defend the Constitution of the United States of America? Our unique form of self-government is a blessing, and we hold it in trust, not just for us but for our children and grandchildren down through history; not just for us but as an example out through the world.

  That is why our Statue of Liberty raises a lamp to other nations still engloomed in tyranny. That is why we stand as a beacon in this world, beckoning to all who seek a kinder, freer, brighter future.

  We hold this unique gift in trust for the future and for the world. Each generation assumes responsibility for this Republic and its Government, and each generation takes on a special obligation when they do. Our new President closed his inaugural address by setting forth the challenge by which future generations will test us: Whether ``with eyes fixed on the horizon and God's grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations.''

  There are no guarantees that we will. This is a continuing experiment we are embarked upon and a lot is at stake. Indeed, the most precious thing of man's creation on the face of this Earth is at stake. That is what I believe.

  So from that perspective, what about the past? No one can deny that in the last 8 years America's bright light has dimmed and flickered, darkening our country and darkening the world. The price of that is incalculable. There are nearly 7 billion human souls in this world. Every morning, the Sun rises anew over their villages and hamlets and barrios, and every day they can choose where to invest their hopes, their confidence, and their dreams.

  I submit that when America's light shines brightly, when honesty, freedom, justice, and compassion glow from our institutions, it attracts those hopes, those dreams, and the force of those 7 billion hopes and dreams, the confidence of those 7 billion souls and our lively experiment is, I believe, the strongest power in our national arsenal, stronger than atom bombs. We risk it at our peril.

  Of course, when our own faith is diminished at home, this vital light only dims further, again, at incalculable cost. So when an administration rigs the intelligence process and produces false evidence to send our country to war; when an administration descends to interrogation techniques of the Inquisition of Pol Pot and the Khmer Rouge, descends to techniques that we have prosecuted as crimes in military tribunals and Federal trials; when institutions as noble as the Department of Justice and as vital as the Environmental Protection Agency are systematically and deliberately twisted from their missions by odious means of institutional sabotage;

  when the integrity of our markets and the fiscal security of our budget are open wide to the frenzied greed of corporations, speculators, and contractors; when the integrity of public officials, the warnings of science, the honesty of government procedures, and the careful historic balance of our separated powers of government are all seen as obstacles to be overcome and not attributes to be celebrated; when taxpayers are cheated and the forces of government ride to the rescue of the cheaters and punish the whistleblowers; when a government turns the guns of official secrecy against its own people to mislead, confuse, and propagandize them; when government ceases to even try to understand the complex topography of the difficult problems it is our very purpose and duty to solve and instead cares only for those points where it intersects with party ideology so that the purpose of government becomes no longer to solve problems but only to work them for political advantage; in short, when you have pervasive infiltration into all the halls of government--judicial, legislative and executive--of the most ignoble forms of influence; when you see systematic dismantling of historic processes and traditions of government that are the safeguards of our democracy; and when you have a bodyguard of lies, jargon, and propaganda emitted to fool and beguile the American people, well, something very serious in the history of our Republic has gone wrong, something that dims the light of progress for all humanity.

  As we look forward, as we begin the task of rebuilding this Nation, we have an abiding duty to determine how great the damage is. I say this in no spirit of vindictiveness or revenge. I say it because the thing that was sullied is so precious. I say it because the past bears upon the future. If people have been planted in government in violation of our civil service laws to serve their party and their ideology instead of serving the public, the past will bear upon the future. If procedures and institutions of government have been corrupted and are not put right, that past will assuredly bear on the future.

  In an ongoing enterprise such as government, the door cannot be so conveniently closed on the closets of the past. The past always bears on the future. Moreover, a democracy is not just a static institution. It is a living education, an ongoing education in freedom of a people.

  As Harry Truman said, addressing a joint session of Congress back in 1947:

  One of the chief virtues of democracy is that its defects are always visible, and under democratic processes can be pointed out and corrected.

  Entirely apart from tentacles of the past that may reach into the future are the lessons we as a people have to learn from this past carnival of folly, greed, lies, and sabotage, so that it can, under democratic processes, be pointed out and corrected. If we blind ourselves to this history, if we pull an invisibility cloak over it, we will deny ourselves its lessons. Those lessons came at too painful a cost to ignore. Those lessons merit discovery, disclosure, and discussion. Indeed, disclosure and discussion is the difference between a valuable lesson for the bright upward forces of our democracy and a blueprint for darker forces to return and do it all over again.

  A little bright, healthy sunshine and fresh air so that an educated population knows what was done and how can show where the tunnels were bored, when the truth was subordinated, what institutions were subverted, how our democracy was compromised; so this grim history is not condemned to repeat itself; so a knowing public, in the clarity of day, can say: Never, never, never again; so we can keep that light, that light that is at once America's greatest gift and greatest strength brightly shining. To do this, I submit, we must look back.

  I yield the floor.

h/t rootless2 in Quick Hits.


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Hear, hear! (4.00 / 1)
With the caveat that given the magnitude of offenses in the Bush administration
  • The outing of Plame; the subsequent obstruction of justice;
  • the lying to Congress before the Iraq War;
  • the possible forging of documents to support the WMD claims;
  • the Downing Street Memo;
  • the politicization of the DOJ;
  • the prosecution of Don Seligman;
  • the illegal redirection Congressionally approved funds from Afghanistan to Iraq;
  • the theft of cash from Iraq;
  • the corruption of the defense contracting process;
  • the destruction of numerous documents, tapes, files;
  • the Pentagon's media-propaganda department;
  • the bribery of Armstrong Williams and possibly numerous foreign and domestic journalists;
  • illegally spying on Americans, including possibly journalists and political opponents;
  • lying to Congress about numerous programs including the cost of the Medicare prescription medication program;
  • plotting/enabling the coup of Chavez;
  • corruption in the administration of the TARP funds;
  • and various violations of the Hatch Act throughout numerous agencies;
  • etc., etc., etc.
...it would be patently foolish, politically inept, and entirely in character for the Democrats to begin with investigations into torture.  Torture is one of the very, very few areas where even clear-cut evidence of illegality will not be unequivocal disapproval by a majority of Americans.

Two things: (4.00 / 1)
One, Whitehouse, Obama, and the Dems are playing on the world stage here.  Most of what you list would be seen overseas, by our friends and our foes, as petty domestic corruption.  Torture is not.  Torture is a Big Fuckin Deal outside our borders, and it demands to be rectified immediately, domestic political concerns or no.

Two, the Dems are complicit in half of what you list.  Usually not more complicit than "knew about it at the time, and said and did next to nothing", but still.  That's enough to discourage them from making a big fuss about many of those matters.  "But Jane Harman signed off!" or "But Feinstein knew all along!" are sufficiently uncomfortable ripostes that Dems won't go near much of that.

DOJ and Seigelman should get attention, because those were strictly done by GOPers in the executive branch.  Not even frenemies like Orrin Hatch are involved in those.

Military contracting corruption should get investigated, as long as Feinstein isn't too close to it.  (Obviously it should be prosecuted regardless, but I meant the "likeliness" sense of "should".)


[ Parent ]
I didn't say that the terror issue shouldn't be addressed (0.00 / 0)
I said that they shouldn't start with it.  I agree that Seligman, the DOJ, and probably some other Hatch Act violations are the low hanging fruit.  They are (1) likely provable, (2) unable to be defended on principled grounds, and (3) unlikely to implicate Dems (for obvious reasons).

Sadly, plenty of Dems are complicit in torture.  If not in ordering it directly, then tacitly giving approval to the whole Jack Bauer/
"take the gloves off" mindset.  

My point is that I don't trust the Dems to go to the mat on this issue.  Cheney has already laid his cards on the table.  He has basically admitted to the policies and will play the Jack Bauer meets Ollie North card.  He'll wrap himself in the flag and dare the Dems to do anything.

How many Dems are willing to stare Cheney down?  Are willing to look him in the eye and call bullshit when Cheney claims it was all done to make us safer?  I don't see too many with a track record of sticking their necks out.  It doesn't matter how big a deal torture is internationally if the Dems can't deliver on the investigation.  In fact, investigating and coming up short is much worse than getting Bush and Cheney on other grounds.

My advice: stick to investigations that you know you can win until the media has internalized that Bush and Cheney ran a criminal investigation.


[ Parent ]
I think you mean "ran a criminal <i>organization</i>"... (0.00 / 0)
A criminal investigation is that of which they should be the subjects, not that which they ran. ;)

"A fantasy is not even a wish, much less an act.  There is no such thing as a culpable or shameful fantasy."  -----Lady Sally McGee

[ Parent ]
very significant that he gave that speech (0.00 / 0)
Something is up.

How many Senators does it take to launch a Congressional investigation? (4.00 / 2)
I'll bet Feingold, Franken, and Merkley, at a bare minimum, would back Whitehouse in pushing for a formal investigation.  Maybe Kerry, too; his most significant accomplishments in the Senate have been investigative, rather than legislative -- the Iran-Contra affair and the Noriega-BCCI business.

"A fantasy is not even a wish, much less an act.  There is no such thing as a culpable or shameful fantasy."  -----Lady Sally McGee

[ Parent ]
It's more about (4.00 / 1)
The committee chairs, though the others could emulate Conyers bill to form a special commission outside of Congress.

But the key players as far as these issues go would be Leahy (Judiciary), Lieberman (Oversight) and Levin (Chair of subcommittee on investigations within Oversight).

In the House, it's Conyers (Judiciary) and Towns (Oversight).  

But Armed Services and Intel cmtes could claim some level of jurisdiction to investigate too.


[ Parent ]
Well said, Sen Whitehouse (0.00 / 0)
investigations should not be done out of vengeance or malice, but because "Indeed, the most precious thing of man's creation on the face of this Earth is at stake."  

How very, very well said...  


We Need To Be Hearing A Lot More Of This Sort of Talk (4.00 / 4)
I know that many just want to move forward, and give no more thought to the past.  Whitehouse does a good job of reminding us why that's neither wise nor possible.

First Nixon/Watergate.

Then Reagan/Bush/Iran/Contra

Then Bush/Cheney/Every damn thing under the sun.

Notice a pattern here?

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


- criminal negligence for the WTC attacks (0.00 / 0)
Ground Zero Footage from 9/12



video of speech (4.00 / 1)
Here's the c-span video of the speech. For some reason c-span isn't letting me embed it.

The truth about Saxby Chambliss

Whitehouse to the Supreme Court? (4.00 / 1)
I've been tremendously impressed with Sen. Whitehouse. I hope he gets some consideration if/when there's a Supreme Court opening.  

"Don't take much, does it, elected Democrats, to get your balls tucked up." Cf.

Yes! (0.00 / 0)
Senator Whitehouse is correct.

This part summs it up:

"In an ongoing enterprise such as government, the door cannot be so conveniently closed on the closets of the past. The past always bears on the future. Moreover, a democracy is not just a static institution. It is a living education, an ongoing education in freedom of a people."

The major resistance to this kind of approach, i.e. investigation with consequences for the crook, will come from those in the Democratic Party who would rather not re-open these particular doors and have to start explaining why a few of the skeletons that are revealed look alot like them. When President Obama tells us that the days of the "old politics" are over, does that include the tendency to avoid unpleasant issues because they might put more than a few senior Democrats in the hot seat? Is confronting the enablers in your own party in order to help the long term survival of democracy in America part of the President's "new politics"?


"It sounds wrong...
     ...but its right."


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