It's nice to see that even conservatives are disgusted with Liz Cheney's latest attack on Eric Holder. As you've no doubt heard, Cheney is miffed that there are attorneys in the Department of Justice who, in the past, have defended people accused of nasty crimes. Of course, that's what defense lawyers are supposed to do, but that doesn't stop Liz Cheney from sponsoring scary videos insinuating that defending someone swept up by US forces and accused of terrorism is just fundamentally worse than defending an ordinary serial murderer, rapist or corporate swindler.
The pressure is growing on the Justice Department to produce supposedly "deleted" e-mails that could reveal whether government lawyers during the Bush administration were instructed to devise legal justifications for torture.
We're about to witness the pretense of war lawyer hearings without the war lawyers (commonly known as torture lawyers by those willing to ignore their role in "legalizing" aggressive war). This may highlight for many observers the little-known fact that Congress no longer has the power of subpoena.
During 2007-2008 Democratic congressional committees subpoenaed dozens of Bush officials, who simply refused to comply. Although any committee has the undisputed power to use the Capitol Police to enforce its subpoenas, none did. They asked the Bush Justice Department to do it. They sued the Bush Justice Department in court. But, with the exception of a weird deal for partial and secret compliance by Karl Rove in 2009, not a single one of the scofflaws has been compelled to show up.
Among the many striking aspects of the Justice Department's recently-released ethics report on the creation of the "torture memos" are the repeated indications that John Yoo, the memos' principal author, was in frequent direct contact with the White House and under intense pressure to quickly approve abusive interrogation techniques that policymakers had already chosen to implement but knew might amount to torture.
In reporting on the long-delayed release of the Justice Department's ethics report on the work of Bush administration lawyers who approved the torture of detainees, The New York Times on Saturday wrote that it "brings to a close a pivotal chapter in the debate over the legal limits of the Bush administration's fight against terrorism and whether its treatment of Qaeda prisoners amounted to torture."
Yesterday afternoon, former Republican Congressman and 2008 Libertarian presidential candidate Bob Barr had the audacity to say, "Waterboarding is torture." The reason it took audacity is that he was at CPAC, the annual Conservative Political Action Conference. He was promptly booed.
Instead of adhering to the Constitution or the Geneva Conventions, conservative ideological leaders and Republican leaders have decided to shoot for political expediency, stubbornness, and sadism.
Former U.S. Official Arrested in Italy
By P.V. Maro,
ROME ( ) - John C. Yoo, a former Deputy Assistant Attorney General of the United States, was arrested on Tuesday in Milan, Italy, and is being held for possible extradition to Spain, where he and five other retired officials who served under former President George W. Bush are expected to be indicted by a Spanish court for violations of the Geneva Conventions, the Convention Against Torture, and the Rome Statute of the International Criminal Court.
Alberto Gonzalez is disturbed over Eric Holder's unambiguous confirmation hearing statement: "Waterboarding is torture." NPR interviewed Gonzalez and you can find a summary at The Swamp. I've annotated it here with notes from inside Alberto's head:
Gonzales, in an interview airing on National Public Radio's Tell Me More today, voiced his concern about "Making a blanket pronouncement like that.'' He noted "the effect it may have... on the morale and the dedication of intelligence officials and lawyers throughout the administration."
Voice Inside Alberto's Head (VIAH): It's hurting my morale. Plus, I can't get a job as it is.
"My reaction was very similar to General Mukasey's reaction, which was concern about making a pronouncement like that,'' Gonzales said, pointing to the "concern that would arise in the minds of intelligence officials and lawyers at the department, who all acted in good faith, working as hard as they can under very difficult circumstances, to give advice and make decisions to protect our country...
VIAH: It was those intelligence officers and lawyers I worked with who wanted to do all those bad things, not me.
"I don't know whether or not, in making that statement, Mr. Holder had access to all of the opinions, all of the underlying documentation supporting the opinions'' that the Justice Department had issued on the question, he said - noting also "the threat that existed at the time these opinions were offered, and the opinions of the intelligence officials about their belief in a particular detainee having very important, valuable intelligence information that might save American lives.''
VIAH: There was a ticking time bomb you see, and we had "opinions" that torture was okay. W had opinions, Rummy had opinions. John Yoo had some really great opinions.
On the question of prosecuting officers who employed any of the "extreme tactics'' that the Bush administration has acknowledged, without admitting to any "torture'' of detainees: "I don't think that there's going to be a prosecution, quite frankly.'' Gonzales said. "Because again, these activities.... They were authorized, they were supported by legal opinions at the Department of Justice.''
VIAH. Duh! You people are so stupid. We said we could torture people, don't you get that? We gave ourselves the authority so we had the authority. I could poke you in the eyes right now because I still have the authority to do that. John Yoo said so.
The ACLU has forced the release of a 2003 DOJ memo which lays out "a 'complete' legal framework for detentions and interrogations, based on the Constitution, the UN Convention Against Torture (CAT), US war crimes statutes, and other laws..." The 81 page document is basically a complicated series of legal opinions justifying the use of torture. Balkinization calls it what it is,"the torture memo to top all torture memos."
