Senator Leahy on the release of the torture memos

[ProSense]

Comment Of Senator Patrick Leahy (D-Vt.), Chairman, Senate Judiciary Committee, On The Release Of Documents From The Office Of Legal Counsel

April 16, 2009

The Bush administration not only ran roughshod over our values and law, they undercut the public trust of the American people and tarnished American’s prestige and authority throughout the world. The Department of Justice has now released an unredacted Office of Legal Counsel memo written by Jay Bybee in 2002 memo as well as three more memos written in 2005 by acting OLC head Steven Bradbury.

These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for “high value detainees” in U.S. custody. The techniques are chilling. This was not an “abstract legal theory,” as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.

I have fought for these documents for years, and when the Bush administration continued to stonewall this Committee, I issued a subpoena. Unfortunately, the content of these memos is as alarming as I feared it would be. The inadequate legal justifications by our own Department of Justice for these practices disregards both our domestic laws and our treaty obligations, and underscores why we must take a full accounting of what has been done in the name of national security.

The Office of Legal Counsel issues legal opinions that are binding on the executive branch. With this awesome power comes the responsibility to provide objective unbiased advice – and to get it right. We cannot continue to look the other way; we need to understand how these policies were formed if we are to ensure that this can never happen again. This is why my proposal for a Commission of Inquiry is necessary. We must take a thorough accounting of what happened, not to move a partisan agenda, but to own up to what was done in the name of national security, and to learn from it. This is another step in that direction. I appreciate the White House notifying me about this release and I commend the President for making these documents public.

[Beetwasher]

1. I Smell Prosecutions On The Horizon

And it's happening the way it should. Obama should NOT take the lead. Congress and DOJ should.

[Jackpine Radical]

4. I hope your sense of smell is more accurate than mine.

All I pick up is the stench of a nasty crime unprosecuted.

[Beetwasher]

8. These Things Don't Happen On Demand

You have to carefully set it up so that it's done right. The release of the memos is and excellent first step in the right direction. Read what the admin. is saying. They are being very careful about this, I for one appreciate it. You can't rush into this willy nilly. You have to have all your pieces in place.

[depakid]

20. That is of course true- but there are some other considerations

like statutes of limitation that often force one's hand.

[Beetwasher]

21. Uh, What? And How Long Is The Statute Of Limitations For Prosecuting Torture?

:shrug:

[Spazito]

12. Yep, me too...

It is who was not covered in the statement re prosecutions that was most telling, imo.

[bullimiami]

2. im so sick of the talk. either do something about it or shut up already.

[Supersedeas]

15. Ah, lawyer talk: waterdousing, hypothermia, waterboarding and walling on one page of memo, then

"understanding the phrase 'territory under its jurisdiction'....because the CAT does not define it on another page.

We tortured, but we have lawyers who can mold and manipulate definitions (for dollars) at the drop of a dime....and an appointment to the Federal Bench.

Funny how quiet the ABA is....no?

[pleah]

3. Either put up or shut up.

[Uzybone]

7. I second that motion

DOJ and Obama cannot carry all the water on this. Especially since Congress were the ones who turned a blind eye to this.

[AtomicKitten]

5. Drip, drip, drip.

I can muster all the patience in the world for the prosecution of those responsible for this abhorrent policy.

[Jackpine Radical]

10. People been saying "Drip drip drip" around here since about 2002.

I'm getting really tired of replays of Lucy and the Football. I hope this isn't another one.

[AtomicKitten]

11. The CIA is barking about the release of these memos -- that's a good sign.

Dealing with the prior administration's policy of torture is a sticky-wicket for the United States. President Obama released the memos in the face of much resistance on the part of the CIA.

Redaction of the names of the agents is a small price to pay to get the information out there. It is the abhorrent policy and those that ordered it that must face the music.

Obama is resolute and deliberate in everything he does, and he just opened the flood gates. I am optimistic.

[Jackpine Radical]

13. I hae been know to make the same argument you are advancing--

that Obama is a master strategist, and that his interests are at least on a parallel track with mine.

I just hope you are right this time.

[AtomicKitten]

14. I hope so too. Most sincerely.

Had he withheld the memos, I'd be completely deflated. I admittedly was holding my breath on that decision.

Cheers.

[cali]

16. how stupid was that? Sorry, anyone with half a brain knew that wasn't

going to happen under the bush admin. And the dems only took power in 2006. Even then, they didn't have the power to enforce subpoenas and such. Foolish in the extreme. We are only three months into a new administration. And today's release was a huge step.

[bullimiami]

22. its been gush gush gush, lies lies lies and still nothing.

[truedelphi]

18. I join you.

And have a bit of a drip of a toast on me
:toast:

[Cha]

6. Let the Light

shine in! :bounce: Refreshing!

[rateyes]

9. Senator Leahy, use your committee. If Congress won't set up

the commission you want, use your own committee as that commission.

[Supersedeas]

23. so witnesses can filibuster the 2 minute per committee member when no claiming

the 5th or Executive Privilege

[choie]

17. Then do something about it, God damn it!

[FrenchieCat]

19. Seem like there is a light at the end of the tunnel.

"The president has stated that it is not his administration's intention to prosecute those who acted reasonably and relied in good faith upon legal advice from the Department of Justice. As I understand it, his decision does not mean that anyone who engaged in activities that the Department had not approved, those who gave improper legal advice or those who authorized the program could not be prosecuted. The details made public in these memos paint a horrifying picture and reveal how the Bush administration's lawyers and top officials were complicit in torture. The so-called enhanced interrogation program was a violation of our core principles as a nation and those responsible should be held accountable"-- Russ Feingold
http://politics.theatlantic.com/2009/04/russ_feingolds_reaction.php


John Dean on Hopes for Future Bush Prosecution
http://www.youtube.com/watch?v=1Dpr9KxXnXk

President Obama strikes a wise balance in coming to terms with the torture of terrorism suspects.
http://www.washingtonpost.com/wp-dyn/content/story/2009/04/16/ST2009041603954.html