Another Dem Senator Skeptical of Post-Bush Truth Commission
Senate Judiciary Committee Chairman Patrick Leahy (D-VT) is getting laudable attention for his call for an independent "truth commission" to investigate civil liberties and human rights abuses committed during the Bush years. But as I mentioned earlier this week, the commission may not be directly legislated by Congress -- and one reason is that not every Democrat thinks it's necessary to do so.
Sen. Ben Cardin (D-MD) told me that the Obama Justice Department is already positioned to do the type of analysis that such an independent commission would perform, and he warned against investigating the Bush years "in a way that could impose partisan concerns."
Now Sen. Jack Reed (D-RI), a trusted ally of party leaders, is the second Democratic senator to openly question the need for a formal panel to look back on the Bush administration's potentially illegal misdeeds. As Reed told MSNBC today:
Well, I think we have to seriously investigate allegations of torture. I don't know if we require a formal new commission to do that. We have the Department of Justice. We have federal attorneys.But we cannot simply ignore credible allegations. They have to be investigated. I think our political system, and our political system as well as our judicial system, is strong enough to conduct these investigations fairly and then to -- to bring those people who might have violated the law to justice.
I don't think we shouldn't be afraid of that. But I think that should be in response to specific allegations and specific evidence, and not simply setting up a new commission.
| TOPICS: Democrats, George W. Bush, Guantanamo Bay, Senate, Torture
Josh
Matt
Eric
I could agree if there were a grand jury probe.
February 12, 2009 2:22 PM | Reply | Permalink
I do, because the grand jury probe would be sealed and we would never find out what went on. Same problem with a criminal probe. I want the information, not more double secret bullsh*t.
February 12, 2009 2:31 PM | Reply | Permalink
Well it definitely needs to be independent. There needs to be questions asked and answered by the DoJ, the Executive Branch and both Houses of Congress - lack of oversight. If it's controlled by any one branch, the findings may get skewed to protect the guilty or the institution. And the panel needs to have the ability to dig deeper if the facts warrant. I believe the 9/11 commission was kept from digging deeper into the info leading up to the event simply because they weren't tasked to go beyond specific lines drawn in the sand.
The repugs have a lot to answer for and will do everything they can to stop it. This will be the panel where bi-partisianship can not be a factor.So it will require panel members who are more independent in their political outlook and won't curb their questions or opinions to service a particular party or doctrine or policy.
February 12, 2009 2:24 PM | Reply | Permalink
What they need is a 12-step program, to get them to recognize that they behave reflexively like battered spouses. Can't make progress til we know we have a problem...
February 12, 2009 2:31 PM | Reply | Permalink
As a Marylander, he continues to disappoint. What is he afraid of finding if he looks?
((Sigh)) Does it *really* take that much courage to do what's right here?
Ben, we don't need a bench warmer, we need leadership. SMH.
February 12, 2009 3:22 PM | Reply | Permalink
Oh yeah Senator Cardin:Sending the message if you are rich & Republican you can get away with committing crimes against the USA.Trying not to prosecute political crime figures is exactly the message you spineless freak is sending.That will show the American people to have trust in their political corrupt class.Talk about living in 2 different worlds.Seeesssh! look they just brought a BASEBALL player to court for lying to congress but political figures are untouchable ?
February 12, 2009 2:56 PM | Reply | Permalink
Hopefully the growing groundswell of support for a war crimes tribunal will steamroll these bastards into action. But I'm not counting on it. Too many skeletons lurking about.
February 12, 2009 3:01 PM | Reply | Permalink
This ought to be quite a spectacle of foot-dragging, stalling and generally getting nowhere.
February 12, 2009 3:07 PM | Reply | Permalink
Leahy's idea seems to be a slight towards the DOJ, like he doesn't see it as being independent, which is concerning since he's chairs the committee that confirmed Holder. Maybe he's just being pragmatic and knows the GOP will claim "partisan witchhunt", but they're going to claim that anyways.
A truth commission punishes nobody. America is a nation of laws, a truth commission seems to indicate some people are above the law.
Folks need to keep pushing this idea and pushing the polling numbers. The MSM seems to be telling the sotry that nobody wants investigations. look at the Yahoo mainpage headline from the Gallup poll -
They even skew the poll results in the title to tell the story they want to tell. The MSM isn't going to push this, so the blogs are going to have to.
February 12, 2009 3:10 PM | Reply | Permalink
Then again given the recent DOJ decisions to support Bush era secrecy, maybe Leahy knows if you let the DOJ handle it nothing will come out of it.
February 12, 2009 3:12 PM | Reply | Permalink
The Democrats are a goddamned joke.
February 12, 2009 3:16 PM | Reply | Permalink
I'm with Jack Reed. It's the job of the Justice Dept. And they need to do that job, carefully, taking all the time that's needed, out of the public eye. Ideally under the direction of a special prosecutor. Simply naming one will let us all know that matter is being looked into. And naming someone of impeccable credentials, with powers to look wherever the facts lead, will reassure us all that Justice will be served.
February 12, 2009 3:26 PM | Reply | Permalink
I just don't think there is anybody with impeccable enough credentials that it wouldn't be smeared as a partisan witch hunt, or a whitewash.
February 12, 2009 3:56 PM | Reply | Permalink
There are some who assert that the Obama administration has more than enough on its plate and should not launch an investigation into the criminal conduct of the Bush-Cheney regime.
I strongly disagree and join your call for the Attorney General to name a Special Prosecutor immediately with the full powers of the Department of Justice to investigate and prosecute crimes against the United States.
There is a basic principle involved that was stated clearly nearly 80 years ago by Justice Louis Brandeis:
If Bush, Cheney and others in their administration can violate federal law with impunity, then surely the rest of us can do so. That renders the "rule of law" null and void and, indeed, opens the door to anarchy and chaos.
One hopes President Obama and Attorney General Holder will recognize this danger and act accordingly.
February 12, 2009 4:18 PM | Reply | Permalink
Man John you are on a role, there hasn't been a day gone by recently where I have not come across a post by you trashing the Dems. Not that there is anything wrong with that because truth be told there is plenty of blame to go around. But if you keep talking that way, I just might get the impression that there is something between you and the DEM's
Ok, Sen Reed and Cardin, so the message to the American people is that Congress will hold MLB players responsible for their crimes but Oh no when it comes to the privileged members of government then you guys are going to let by-gones be by-gones? Look most Americans expect you to have the simple temerity and integrity to defend and protect the constitution. And I must say, I think most Americans might agree with me here, they expect more of those who are appointed by We the people to defend that document. If the prior administration committed crimes and instituted policies which are now viewed as unconstitutional then it is the job of the Executive branch to change the policies which fall under its branch and Congress job to legislate and investigate those under its branch. Your jobs were not finished when you were voted in that was simple the beginning of the process. Now each and every one of you name is on the line, you better tread with confidence!
February 12, 2009 3:26 PM | Reply | Permalink
With the exception of TheraP, most of you guys are missing the main drive of Reed's comment. Reed doesn't want a congressional committee to conduct the investigations because that will be too easy to paint as a partisan kangaroo court. If the DOJ conducts the investigation, on the other hand, it would be easier to defend as the rule of law (which, in either case, it is). Reed and Cardin are being very reasonable about this. While I respect the likes of Leahy and others that wish to ensure investigations occur, I implore them all to petition Holder to do it from the DOJ. Its just the safest approach to take.
February 12, 2009 3:44 PM | Reply | Permalink
I think you're on to something.
February 12, 2009 3:58 PM | Reply | Permalink
No I get it HOLY, I just tend to see this as, if the DOJ gets this case(menaing they aren't directed by congress to investigate) then the President loks like he is digging into the past. Now if this happens then Obama's DOJ can be accused of partisanship, albeit under different circumstances, simply like the Bush DOJ. In the end if the policies which wee put in place and approved of by congress, even with the Bush admin not charing all info, it falls on Congress. This is why this election was more about the necessity of change needed throughout washington than simply replacing President. Congress is a political body and going after a former President like it or not is going to becharacterized as partisan. I believe that unlike the partisan bullshit that Congress put Clinton through for getting oral in the oval, if this congress actually finds things that the former admin knowingly did against the US constitution then the GOP is in trouble as a whole again. If anything this is a much darker road because America needs a diversity of thinking in politics. I surely don't just want Dem's but the GOP and those in Congress who signed up to policies that were inherantly unconstitutional need to be brought light at a bare minimum. As I see it right now the GOP has zero advocates in their party for justice for the Bush admin shinanigans. This could be an opportunity for some in the GOP to show America that it will not simply hide behind abuses because of their affiliation with a party. So will the real GOP please stand up?
February 12, 2009 3:58 PM | Reply | Permalink
Specter, Kyl and the like tried to politicize Holder during the confirmation hearings for this very reason.
Where is the law and order Republicans? You can't even get special prosecutors from the Bush 41 era because of the father-son connection. If the GOP wanted a clean break from the Bush Administration - what better way to prove it than stepping up and supporting DOJ investigations?
Bush, Cheney and Co will hide behind the decisions of Yoo, Gonzalez etc, so it would be painted as a difference of legal opinion between two AG's. I mean look at the Supreme Court, there is opposite opinions all of the time there and only majority rules not some persuasive argument that eventually renders a unanimous vote.
Cheney knew the waters would be too muddied to ever prosecute. Congress fell down on their duties - they are just as culpable as Bush/Cheney. And Bush/Cheney were re-elected after the Abu Grahib, Gitmo Torture, renditions and secret prisons were widely known.
The only chance Bush or Cheney are tried would be if they ever venture out of North America and are arrested in Europe or wherever. Bush is speaking in Canada, but you know they're not going to make an arrest.
February 12, 2009 4:07 PM | Reply | Permalink
It would be wonderful if Jonathan Turley, Professor of Law at George Washington University, were to be named Special Prosecutor!
February 12, 2009 4:26 PM | Reply | Permalink
one big club and they all protect their corrupt asses.
congress deals in brown bags full of cash.
anyone believing otherwise is a fool.
plenty of them to go around.
February 12, 2009 5:13 PM | Reply | Permalink
I think the department that has been run by such legal luminaries as John Mitchell & Edwin Meese is more than capable of doing whatever is nesscessary to get to the bottom of this.
Surely they can unmask the Sgt's & E-4's who bought such great shame on our nation.......
Full blown, public, investigation, with subpoena powers. Now.
How much you wanna bet we'll be talking about looking in to this by te end of the Obama admin. We are talking about Democrats. And just just ANY spineless Democrats- no, big time Democrats who wete explicit in thier support for both the Wars & EVERYTHING that followed.
Cept for Sanders. Pat Leahy might, maybe, make up for his foul collusion in Central American atrocities in the 80's. Or not.
-Nick Velvet, Old Vermont rabblerouser
February 12, 2009 5:36 PM | Reply | Permalink
The DoJ Office of Special Counsel, which replaced the Office of Independent Counsel (jamember Ken Starr?) was set up for this purpose. Why is no one mentioning it?
February 12, 2009 5:43 PM | Reply | Permalink
You may be right, I could not find out who is running that office but according to wiki "The current Special Counsel is Patrick Fitzgerald, who was appointed in 2003 by Deputy Attorney General James B. Comey."
If this is the case then does that mean Blogo case is taking precedence over this current situation?
February 13, 2009 12:46 AM | Reply | Permalink
I have only just finished signing Senator Leahy's petition after which I emailed my Senators (McCain and Kyl) to inform them that I want an investigation of ex-President Bush. Representative Giffords I asked to sponsor H.R. 104. This needs to be done - this investigation. Ideologues like Mr. Bush and Mr. Cheney must answer for their actions if the law was broken in their implementation.
We can no longer allow such individuals 'executive privlege' cover.
February 16, 2009 8:33 PM | Reply | Permalink