Nadler Requests Special Prosecutor

[davidswanson]

Congressman Jerrold Nadler has just publicly asked that the Attorney General appoint a special prosecutor. Please THANK HIM, and please ask him and ask your congress member to jointly send to Eric Holder the letter that Nadler and 55 other congress members sent to Michael Mukasey requesting a special prosecutor last summer, or an updated version thereof.

Here is a release from Nadler's office:

CONGRESSMAN JERROLD NADLER
8th Congressional District of New York
Nadler Applauds Obama Administration's Transparency on Torture Memos
Renews Call for Special Prosecutor and Congressional Investigation

NEW YORK, N.Y. – Today, Congressman Jerrold Nadler (NY-08), Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, praised President Obama and the Department of Justice for releasing four legal memos on the torture of detainees that had previously been concealed by the Bush administration. Rep. Nadler, however, called on the Obama administration to go further and appoint a special prosecutor to investigate and, if necessary, prosecute those responsible for authorizing the torture. He also said that a Congressional investigation is absolutely warranted. Rep Nadler released the following statement:

“While I applaud the Obama administration for releasing these torture memos in the spirit of openness and transparency, the memos' alarming content requires further action. These memos, without a shadow of a doubt, authorized torture and gave explicit instruction on how to carry it out, all the while carefully attempting to maintain a legal fig leaf.

“These memos make it abundantly clear that the Bush administration engaged in torture. Because torture is illegal under American law – as the U.S. is a signatory to the Convention Against Torture – we are legally required to investigate and, when appropriate, to prosecute those responsible for these crimes.

“I commend President Obama for his unequivocal rejection of torture and for his resolve to move forward. The President's intentions are honorable, but don't go far enough. All history teaches us that simply shining a light on criminal acts without holding the responsible people accountable will not prevent repetition of those acts.

“I have previously urged Attorneys General Gonzalez and Mukasey to appoint a special prosecutor to investigate the torture abuses of the Bush administration, and now I will convey that same necessity to President Obama and Attorney General Holder. We sorely need an independent investigation that will provide accountability for these terrible crimes. This investigation should not be a witch-hunt to punish those rank-and-file C.I.A. operatives who acted in good faith on Justice Department instructions. At the very least, those who wrote and authorized the memos knowing full well that they were instructing others to torture must be held accountable to the law.

“We must have a criminal investigation if the U.S. is to reclaim its moral authority and prevent repetition of these crimes.

“As Michael Ratner of the Center for Constitutional Rights said yesterday, ‘Whether or not to prosecute law breakers is not a political decision. Laws were broken and crimes were committed. If we are truly a nation of laws . . . a prosecutor needs to be appointed and the decisions regarding the guilt of those involved in the torture program should be decided in a court of law.’

“Furthermore, the revelations contained in these memos make it abundantly clear that we need additional Congressional oversight hearings on this matter. We intend to hold such hearings.

“Finally, I particularly want to thank the American Civil Liberties Union for their role in bringing these memos to light and for their vigilant efforts to ensure that the United States government does not engage in torture.”

Following are the memos released yesterday: http://graphics8.nytimes.com/packages/pdf/politics/20090416_memos.pdf.



###



Jerrold Nadler has served in Congress since 1992. He represents New Yorks 8th Congressional District, which includes parts of Manhattan and Brooklyn.

[cali]

1. Excellent. kudos to Nadler.

Off to contact Peter Welch and Bernie and Pat, now.

[montanacowboy]

2. Good On Gerald Nadler

and now onto contacting him and others

[Hell Hath No Fury]

3. WELL DONE!

I will contact him imediately to thank him, and my reps to support his call.

[tekisui]

4. Nadler's a good one. knr!~

[bob4460]

5. I just hope that this is not all shut down

I am upset about the way our President is handling this
issue!!!!

[Spazito]

6. This is the proper process, imo...

Congress must act on this in demanding a Special Prosecutor as opposed to those who insist it is President Obama who should be the one to initiate the call.

[Solly Mack]

7. K&R

[rateyes]

8. Senator Feinstein should also convene hearings in the Senate

Intelligence Committee. I won't hold my breath on that DINO doing anything, though. She's a waste of good oxygen.

[hardtoport]

9. K&R

Thank you Congressman Nadler. This particular pile of dirt won't fit under the rug. Democrats are kidding themselves if they think they can just move on.

[Gregorian]

10. Thank you Nadler. Please let the laws be upheld.

[Raksha]

11. K & R

[slipslidingaway]

12. K&R n/t

[ThomWV]

13. K&R

[flyarm]

14. THANK YOU CONGRESSMAN NADLER..there also needs to be a Homicide investigation!!

MAKE SURE YOU LOOK AT THE PICTURES HERE..AND THEN TELL ME HOW MUCH BETTER WE ARE?????????

http://www.msnbc.msn.com/id/6988054/

Reports detail Abu Ghraib prison death; was it torture?
By Seth Hettena

updated 4:57 p.m. ET, Thurs., Feb. 17, 2005
Iraqi had been suspended by his handcuffed wrists, guards tell investigators
SAN DIEGO - An Iraqi whose corpse was photographed with grinning U.S. soldiers at Abu Ghraib died under CIA interrogation while in a position condemned by human rights groups as torture — suspended by his wrists, with his hands cuffed behind his back, according to reports reviewed by The Associated Press.

The death of the prisoner, Manadel al-Jamadi, became known last year when the Abu Ghraib scandal broke. The U.S. military said back then that it had been ruled a homicide. But the exact circumstances of the death were not disclosed at the time.

The prisoner died in a position known as “Palestinian hanging,” the documents reviewed by The AP show. It is unclear whether that position was approved by the Bush administration for use in CIA interrogations.


XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
America admits suspects died in interrogations

By Andrew Gumbel in Los Angeles


Friday, 7 March 2003

http://www.independent.co.uk/news/world/politics/america-admits-suspects-died-in-interrogations-599744.html


American military officials acknowledged yesterday that two prisoners captured in Afghanistan in December had been killed while under interrogation at Bagram air base north of Kabul – reviving concerns that the US is resorting to torture in its treatment of Taliban fighters and suspected al-Qa'ida operatives.


American military officials acknowledged yesterday that two prisoners captured in Afghanistan in December had been killed while under interrogation at Bagram air base north of Kabul – reviving concerns that the US is resorting to torture in its treatment of Taliban fighters and suspected al-Qa'ida operatives.

A spokesman for the air base confirmed that the official cause of death of the two men was "homicide", contradicting earlier accounts that one had died of a heart attack and the other from a pulmonary embolism.

The men's death certificates, made public earlier this week, showed that one captive, known only as Dilawar, 22, from the Khost region, died from "blunt force injuries to lower extremities complicating coronary artery disease" while another captive, Mullah Habibullah, 30, suffered from blood clot in the lung that was exacerbated by a "blunt force injury".

US officials previously admitted using "stress and duress" on prisoners including sleep deprivation, denial of medication for battle injuries, forcing them to stand or kneel for hours on end with hoods on, subjecting them to loud noises and sudden flashes of light and engaging in culturally humiliating practices such as having them kicked by female officers.

While the US claims this still constitutes "humane" treatment, human rights groups including Amnesty International and Human Rights Watch have denounced it as torture as defined by international treaty. The US has also come under heavy criticism for its reported policy of handing suspects over to countries such as Jordan, Egypt or Morocco, where torture techniques are an established part of the security apparatus. Legally, Human Rights Watch says, there is no distinction between using torture directly and subcontracting it out.

[merh]

22. See Scott Horton's April 10 article at Harper's online

He referenced the Army's investigation into the death and the finding that the death was a murder. They turned the investigation over to the DOJ for prosecution in 2004 and to this day, no one has been tried for the crime.

April 10, 8:43 AM
Licensed to Kill

Yesterday CIA Director Leon Panetta emailed thousands of subordinates his hearty greetings for Passover and Easter. Appropriate to the season, perhaps, his message was filled with talk of torture, foreign captivity, and doubtful acts of contrition. “CIA officers do not tolerate, and will continue to promptly report, any inappropriate behavior or allegations of abuse,” he wrote. And this rule was not to be evaded by proxies, either: “That holds true whether a suspect is in the custody of an American partner or a foreign liaison service.”

He also spoke about the decommissioning of the system of black sites constructed in the Bush era to hold prisoners outside of any form of accountability. “I have directed our Agency personnel to take charge of the decommissioning process,” he wrote. “It is estimated that our taking over site security will result in savings of up to $4 million.” Some of these black sites are now the subject of criminal investigations seeking to ascertain whether crimes were committed there. One wonders what sort of care Panetta’s agents will take to preserve evidence of what transpired there, and what the criminal investigators think about the CIA “taking charge” of the process.

Panetta also provided assurances that “No CIA contractors will conduct interrogations.” Many of the most serious cases of abuse of prisoners involve CIA contractors. I am aware of a single case in which a CIA contractor was actually prosecuted. Remember Abu Ghraib? The Defense Department’s investigation concluded that the most serious offenses against detainees there were committed by contractors. As Major General Antonio Taguba noted, several of these individuals had clear-cut and continuing high-level connections to the intelligence community. Some purported to be contractors for the Interior Department, but the facts strongly suggested a relationship to the shop Panetta now heads. This group of contractors were investigated by the military, which turned over a full portfolio of evidence to federal prosecutors in the Eastern District of Virginia, recommending prosecution. What happened? Nothing. In the meantime, however, a group of young NCOs and enlisted personnel who acted under the influence of the contractors were court-martialed. Another demonstration of the Bush Administration’s total perversion of our justice system.

Or consider what Congressional Quarterly’s Jeff Stein calls “The Mysterious Case of Mark Swanner.” The Army’s Criminal Investigation Detachment studied the death of Manadel al-Jamadi (photo left), who died in Swanner’s custody, and concluded that he had been murdered. Swanner, a long-time CIA officer, was fingered as the perpetrator, and the case was referred to the U.S. Attorney in the Eastern District of Virginia for prosecution. That was 2004. So five years later, what has happened? Nothing happened.

http://www.harpers.org/subjects/NoComment

[flyarm]

23. Thanks Merh..i have been posting this from Scott all day today..

with many making excuses for these crimes attacking me..but what else is new????????

Scott Horton on Democracy Now! today:

There’s a very strange factual issue here. President Obama says that we shouldn’t prosecute them because they relied on these memos. But a factual review is going to show that the CIA was using these techniques from April 2002, and these memos were commissioned and written, the first of them, in August of 2002. So it’s quite clear in fact that CIA agents were out in the field doing these things, not relying on these memos, with the memos not even being in contemplation.”

edit for fly to add..**********We know from the ICRC report this technique had been used, three years before Bradbury wrote his OLC memos, with Abu Zubaydah.

It all just makes me sick to my stomach..what happened to all the people who were saying they were seeking truth and justice???????? And claimed to have values and principles??????

I really feel sick ...justice my assssssssss..........

Hi Merh!! :)

fly

[ms liberty]

15. An enthusiastic K&R.....n/t

[BlueJac]

16. Finally a man with some BALLS!!!!

[snappyturtle]

17. I'm glad Nadler is seeking a special prosecutor and wish I could

thank him but his website re-directs out of district people to their respective congress critter.

[Iwillnevergiveup]

34. I discovered that too, Snappy

So I'm going to call his office on Monday. I don't think it's a bad idea that Rep. Nadler hears from non-constituents....heck, this is not just a New York issue.

[snappyturtle]

36. Dah! Where was/is my brain? I can call too....thank you! nt

[pberq]

18. Yes! Thank you, Congressman Nadler! - nt

[bertman]

19. Thanks for the post, David. And the links.

[HughMoran]

20. This would be an ideal solution to this issue

I hope they will take him up on this and appoint a Special Prosecutor!

K&R

[Lena inRI]

21. Stepping up for us all, Mr. Nadler. . .

. . .and we nor history will forget your statesmanship.



You will continue the legacy of famous Brooklynites. . . bless ya!

Isaac Asimov
W.H.Auden
Shirley Chisholm
George Gershwin
Ruth Bader Ginsberg
Jackie Gleason
Woody & Arlo Guthrie
Joseph Heller
Michael Jordan
Danny Kaye
Carole King
Sandy Koufax
Vince Lombardi
Frank McCourt
Arthur Miller
Henry Miller
Eddie Murphy
Carl Sagan
Howard "Starbucks" Schultz
Beverly Sills
Mickey Spillane
Barbara Streisand
Walt Whitman

. . .must be something in the water , yes? Complete list at http://www.brooklyn.com/peopleindex.php?1

:yourock: :yourock: :yourock: :yourock: :yourock:

[Vidar]

24. Bravo Mr. Nadler.

[Ghost in the Machine]

25. Got Nads??

[Kitty Herder]

26. K&R!

[Jim Lane]

27. Prosecute the criminals, yes, but why a Special Prosecutor?

We have a Department of Justice that's supposed to prosecute criminals. It should do so.

The need for a Special Prosecutor arises when the regular DoJ prosecutors might have a problem because their direct or indirect bosses could be targets of an investigation. You don't want punches pulled because somebody who's read about the Saturday Night Massacre has to fear for his job.

In this instance, the people who may be subject to prosecution are no longer high-ranking officials. They can no longer direct their subordinates to leave them alone.

My concern is that the repeated calls for a Special Prosecutor make the whole thing seem like political grandstanding rather than the simple discharge of the DoJ's basic responsibilities.

[Ticonderoga]

29. The DOJ under the bu$h regieme

was complicit in the crime and instrumental in the cover-up. Thus the need for a "Special Prosecutor".

[Jim Lane]

33. I agree that a Special Prosecutor would've been a good idea during the Bush administration

Now, though, if there's some DoJ holdover official who might have been complicit, it would be easy enough to route a chain of command around him or her. The person in charge of an investigation could be reporting directly to Holder, who had no role in the Bush regime.

The real problem is the political one of getting some sort of investigation going. I'm inclined to think it could be done more readily if handled as a comparatively routine matter. After all, enforcement of the laws should be a routine matter for the Department of Justice.

[chill_wind]

28. K & R. War Criminals, Including Their Lawyers, Must Be Prosecuted (Marjorie Cohn)

"Attorney General Eric Holder should appoint a Special Prosecutor to investigate and prosecute high Bush officials including lawyers like John Yoo who gave them “legal” cover. Obama is correct when he said that no one is above the law. Accountability is critical to ensuring that our leaders never again torture and abuse people."


Marjorie Cohn
Thursday, February 19, 2009
War Criminals, Including Their Lawyers, Must Be Prosecuted

Since he took office, President Obama has instituted many changes that break with the policies of the Bush administration. The new president has ordered that no government agency will be allowed to torture, that the U.S. prison at Guantánamo will be shuttered, and that the CIA’s secret black sites will be closed down. But Obama is non-committal when asked whether he will seek investigation and prosecution of Bush officials who broke the law. “My view is also that nobody's above the law and, if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen,” Obama said. “But,” he added, “generally speaking, I'm more interested in looking forward than I am in looking backwards.” Obama fears that holding Team Bush to account will risk alienating Republicans whom he still seeks to win over.

Obama may be off the hook, at least with respect to investigating the lawyers who advised the White House on how to torture and get away with it. The Office of Professional Responsibility (OPR) has written a draft report that apparently excoriates former Justice Department lawyers John Yoo and Jay Bybee, authors of the infamous torture memos, according to Newsweek’s Michael Isikoff. OPR can report these lawyers to their state bar associations for possible discipline, or even refer them for criminal investigation. Obama doesn’t have to initiate investigations; the OPR has already launched them, on Bush’s watch.

The smoking gun that may incriminate George W. Bush, Dick Cheney, et al., is the email traffic that passed between the lawyers and the White House. Isikoff revealed the existence of these emails on The Rachel Maddow Show. Some maintain that Bush officials are innocent because they relied in good faith on legal advice from their lawyers. But if the president and vice president told the lawyers to manipulate the law to allow them to commit torture, then that defense won’t fly.

A bipartisan report of the Senate Armed Services Committee found that “senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.”

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x427256

http://marjoriecohn.com/2009/02/war-criminals-including-their-lawyers.html


"Marjorie Cohn is president of the National Lawyers Guild and a professor at Thomas Jefferson School of Law, where she teaches criminal law and procedure, evidence, and international human rights law. She lectures throughout the world on human rights and US foreign policy."

full bio: http://www.tjsl.edu/faculty_m_cohn

[newmac]

30. Bush and his cronies tried to give themselves the power to torture by writing a bad legal memo.

Trouble is; There is an established precedent in law that torture is wholly illegal.

[maryf]

31. Its about time...

Seeing as he refused to consider impeachment last year...

[WillyT]

32. Big K & R !!!

:applause::kick::applause:

[vkkv]

35. I sent this letter to Eric Holders' office

Dear Sir,

Please appoint a special prosecutor to investigate fully the actions of the previous administration.

NO ONE IS ABOVE THE LAW!

Evidence of wrong doing in so many areas is overwhelming.

Do the right thing and show the world that the U.S. holds our own government officials accountable.

[Union Yes]

37. Good things happen when Dems act like Dems.

rec'd