By GottaLaff
Earlier,
I posted about the likelihood of Attorney General Holder opening a very limited criminal investigation into the CIA's torture of detainees. Jerry Nadler has other ideas, as in, broadening the scope. I like the way he thinks.
Via my pal Jason Leopold:Congressman Jerrold Nadler, D-NY, warned Attorney General Eric Holder that if he decides to pursue a criminal investigation into torture it should not be limited to rogue CIA interrogators but should also probe whether high-level officials of the Bush administration committed war crimes. [...]
But in a little noticed letter sent to Holder Aug. 4, Nadler, the chairman of the Judiciary Committee’s Constitution, Civil Rights, and Civil Liberties subcommittee, wrote, “There simply is no legal, moral or principled reason to insulate those who authorized the torture of detainees, either through legal reasoning or other policy directive, from investigation.”
Nadler, whose letter also reiterated his previous calls for a special prosecutor, wrote that he has “fundamental concerns” with any investigation that is limited to “activities by interrogators, working in bad faith, that fell outside the ‘four corners’ of the legal memos” provided by lawyers from the Office of Legal Counsel of the Department of Justice.”
“First, such an investigation would fail to consider the possible violation of laws by high-ranking officials and lawyers who, through legal advice or otherwise, may have authorized torture,” Nadler wrote.
“This country has been instrumental in establishing the principle that high-ranking officials and lawyers who use legal reasoning to justify or otherwise authorize war crimes can, and should, be held legally accountable. The ban on torture is absolute and we have a legal obligation to investigate torture and all of those who may have been party to its use.”
This is the second letter Nadler sent to Holder this year calling for a special counsel to conduct a wide-ranging criminal investigation into the Bush administration’s torture policies. In April, other Democratic lawmakers on the Judiciary Committee signed a similar letter to Holder written by Nadler and Judiciary Committee Chairman John Conyers.
The letter Nadler sent Aug. 4 was prompted by a half-dozen or so news reports published last month that said Holder decided to lean toward a criminal probe after he reviewed a classified CIA inspector general’s report that reportedly called into question the legality of the Bush administration’s torture program. [...]
Nadler said if Holder decides to sign off on a criminal investigation a prosecutor must probe whether “federal criminal laws were violated by individuals who authorized or participated in the interrogation of detainees, including high-ranking officials and lawyers from the Department of Justice itself who allegedly approved or ordered the use of enhanced interrogation techniques that amounted to torture.”
“The ban on torture is absolute: ‘no exceptional circumstances whatsoever . . . may be invoked as a justification of torture,’ and ‘an order from a superior officer . . . may not be invoked as a justification of torture.’
“It may prove true that some interrogators faced difficult choices – pressure from superiors to obtain intelligence information from detainees coupled with directives or advice indicating that harsh interrogation methods were lawful – but limiting the scope of investigation to exclude individuals up front ignores the absolute bar on torture and our legal obligation to investigate torture, and is not necessary.
“If, indeed, laws were violated, the Detainee Treatment Act of 2005 provides a limited defense for those interrogators who show that they relied in good faith on legal advice in using interrogation methods that they did not know, and that a reasonable person would not know, were unlawful. These determinations are necessarily fact-based, and making ultimate decisions as to what the facts might prove or disprove, before any independent investigation has occurred, is unwarranted and would undermine the credibility of any investigation.” [...]
“I appreciate and share the desire to put this unfortunate chapter in our nation’s history behind us, but we cannot do so without fulfilling our legal and moral obligation to investigate whether laws were broken by those who conducted and those who authorized the enhanced interrogation practices.”
Agreed. Please go read the rest of Jason's piece here.
All my previous posts on this subject matter can be found here; That link includes one specific to only Fayiz al-Kandari's story here. Here are audio and video interviews with Lt. Col. Wingard, one by David Shuster, one by Ana Marie Cox, and more. My guest commentary at BuzzFlash is here.
If you are inclined to help rectify these injustices: Twitterers, use the hashtag #FreeFayiz. We have organized a team to get these stories out. If you are interested in helping Fayiz out, e-mail me at The Political Carnival, address in sidebar to the right; or tweet me at @GottaLaff.
If you'd like to see other ways you can take action, go here and scroll down to the end of the article.
Then read Jane Mayer's book The Dark Side. You'll have a much greater understanding of why I post endlessly about this, and why I'm all over the CIA deception issues, too.
More of Fayiz's story here, at Answers.com.