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Liberal Coalition Says Forget the Truth Commission, Bring on the Special Prosecutor

Washington has been dominated for weeks by the debate over forming an independent "truth and reconciliation commission" to uncover details about human rights and civil liberties abuses committed during the Bush administration. Prominent Democrats from Sen. Patrick Leahy (VT) to Rep. John Conyers (MI) to Speaker Nancy Pelosi (CA) have indicated their support for the concept.

But one day after Barack Obama's Pentagon was lambasted by human rights groups for reporting that conditions are humane, a coalition of liberal advocacy groups is done with taking it slow. In a statement released this morning, the 20-plus groups ask Attorney General Eric Holder to directly appoint a special prosecutor to probe former Bush administration officials.

It remains to be seen whether today's statement will move minds in Congress, where the "truth commission" plan remains controversial. Still, this call is a perfect illustration of John Judis' recent message to the American left: Expand the playing field, and do not let the White House be the most left-leaning force in the capital.

The full statement is after the jump:

We urge Attorney General Eric Holder to appoint a non-partisan independent Special Counsel to immediately commence a prosecutorial investigation into the most serious alleged crimes of former President George W. Bush, former Vice President Richard B. Cheney, the attorneys formerly employed by the Department of Justice whose memos sought to justify torture, and other former top officials of the Bush Administration.

Our laws, and treaties that under Article VI of our Constitution are the supreme law of the land, require the prosecution of crimes that strong evidence suggests these individuals have committed. Both the former president and the former vice president have confessed to authorizing a torture procedure that is illegal under our law and treaty obligations. The former president has confessed to violating the Foreign Intelligence Surveillance Act.

We see no need for these prosecutions to be extraordinarily lengthy or costly, and no need to wait for the recommendations of a panel or "truth" commission when substantial evidence of the crimes is already in the public domain. We believe the most effective investigation can be conducted by a prosecutor, and we believe such an investigation should begin immediately.

Signed By:

Center for Constitutional Rights
http://ccrjustice.org

The National Lawyers Guild
http://nlg.org

American Freedom Campaign Action Fund
http://americanfreedomcampaign.org

High Road for Human Rights Advocacy Project
http://www.highroadforhumanrights.org

After Downing Street
http://afterdowningstreet.org

Democrats.com
http://democrats.com

Gold Star Families for Peace
http://cindysheehansoapbox.com

Ann Wright, retired US Army Reserve Colonel and US diplomat
http://voicesofconscience.com

Delaware Valley Veterans for America
http://delvalvets4america.org

Voters for Peace
http://votersforpeace.us

Wisconsin Impeachment / Bring Our Troops Home Coalition
http://impeachwi.com

Backbone Campaign
http://backbonecampaign.org

CODE PINK: Women for Peace
http://codepink4peace.org

Velvet Revolution
http://velvetrevolution.us

Justice Through Music
http://jtmp.org

Progressive Democrats of America
http://pdamerica.org

Brad Blog
http://bradblog.com

Cities for Peace
http://citiesforpeace.org

National Accountability Network

Northeast Impeachment Coalition
http://neimpeach.org

Republicans for Impeachment
http://republicansforimpeachment.com

Op Ed News
http://opednews.com

Marcus Raskin, cofounder of Institute for Policy Studies, member of editorial board of The Nation, member of the special staff of the National Security Council in Kennedy Administration

The Progressive
http://progressive.org

Peace Team
http://peaceteam.net

Veteran Intelligence Professionals for Sanity (VIPS)
http://afterdowningstreet.org/vips

Defending Dissent Foundation
http://defendingdissent.org

Grassroots America
http://grassrootsamerica4us.org

Media Freedom Foundation/Project Censored
http://projectcensored.org

Peace Action
http://peace-action.org

Grandmothers Against the War
http://grandmothersagainstthewar.org

World Can't Wait
http://worldcantwait.net

United for Peace and Justice
http://unitedforpeace.org

Global Network Against Weapons & Nuclear Power in Space
http://space4peace.org

War Crimes Times
http://warcrimestimes.org

Veterans for Peace 099
http://veteransforpeace.org

Veterans for Peace 26
http://veteransforpeace.org

Veterans for Peace
http://veteransforpeace.org

Naomi Wolf, author of "End of America: Letter of Warning to a Young Patriot," and "Give Me Liberty: A Handbook for American Revolutionaries"

Iraq Veterans Against the War
http://ivaw.org

Daniel Ellsberg, Truth-Telling Project
http://ellsberg.net


43 Comments

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Hell...yes, we can!

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We know Obama is far from the left end of American political life, so "Yes, indeedy" to Judis' call to arms.

(Of course, I already knew this; hence, my voting Green again last year.)

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While I would love to see the entire Bu$h Administration paraded in front of a grand jury to answer questions on their involvement, I get the feeling it'll be tossed because there's no known fact establishing a specific crime was committed in the request for the AG to assign a special prosecutor - just hearsay because they hid their tracks.

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The problem is that we would never see the parade. Grand jury deliberations are in secret.

I want to see a parade in front of a truth commission on live television and get the gd truth. That's what I want to see. Prosecutions later, get the facts in the open now. What went on the last 8 years? That's what I want to know. WTF went on in double secret.

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A truth commission relies on voluntary cooperation from witness, usually in exchange for immunity from prosecution. Also, it is fundamentally a political process, meaning that the end product is more likely to represent political reality than truth.

I'd rather have a report from a special counsel. I don't care if I have to wait while the grand jury proceeds in secret.

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Couple of things:

1. You could give limited immunity. That immunity would have no impact on war crimes trials in the hague or anywhere else for that matter. They could never leave the country as they would be subject to arrest.

2. You could give the commission subpoena power.

3. I am not really hot on prosecution. I want the truth and everything out in the open. I actually don't trust anybody in government right now, let alone a "special counsel." I want the facts and information, not more double secret bullsh*t.

4. I agree on the history of the commission problem. However, I want the information. I actually disagree with some of the 9/11 commission's conclusions based on the information that was provided in the hearings. Give me the info and let me and everyone in this country and the world decide based on that information.

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I don't see how limited immunity likely would work. As I understand the term, limited immunity usually means "use" immunity, which allows prosecution but prohibts use of the testimony. A truth commission works by inducing people to testify with a promise of full immunity. The notion is to induce wrongdoers to testify fully because they won't be prosecuted for anything they disclose (but may still be prosecuted for what they hide). If you remove the offer of full immunity, then I don't see why anyone would be motiviated to testify (especially when they know that their testimony could be used against them by a foreign court.)

Also limited immunity could become de facto full immunity as we saw in the Iran-contra affair, where the court placed an insurmountable burden on the prosecution to prove that they weren't relying on the immunized testimony.

I assumed that the commission would have subpoena power. That only gets the intended witnesses to the commission (and sometimes not even that, see Karl Rove). It doesn't get them to fully testify.

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Ok,

1. You are correct on limited immunity. Give full immunity to the peons and don't give any immunity to the people at the top of the food chain. They will lie anyway, so I really don't care about the people at the top of the food chain testifying. I want to know what the worker bees said they were told and what they did. We can prosecute the queen bees later, if that is desirable.

2. On the subpoena, true again. However, rove is in contempt, so I would rather see him in jail, even if it is only contempt than nothing. Again, give the peons full immunity and that will resolve the issue and they will have to testify. They have futures at stake the people at the top are counting on their haliburton retirement plans.

3. Incidentally, any f'n books these criminals write should result in all proceeds going into a restitution fund to pay for their crimes. Rice got 2.5 million????? Give me a break. I don't want to read anymore political bullsh*t in a "tell all" book. No more book deals or if they want to tell their "story," the funds go to the people.

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I like the notion of getting the truth from the lower-level actors and prosecuting the higher-level officials (if merited). I'm skeptical that the prosecutions would actually happen though. The United States' obligations under the Convention Against Torture are also problematic under this approach.

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Paging John Dean (someone LIKE him)
I could sit thru some hearings like that long ago summer with Sam and Watergate.
I make LOTS of popcorn...

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Yes, a truth commission is preferable to a special prosecutor in many ways. But right now we have neither, and there is stiff resistance to either. It's important to press for a special prosecutor so that a truth commission becomes the compromise, "moderate" option.

If we only ask for a commission, we may never get one, or may get a watered-down version of one. Politics is about bargaining, people, and when you bargain, you always start by asking for more than you think you can get.

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I dont think that would matter, info is always leaked when Bush and Cheney are the subject.

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It is not hearsay that the United States knowingly and deliberately attacked a sovereign nation without any provocation whatsoever. This fact is beyond dispute of any kind.

The attack ordered by President Bush was illegal and constitutes the greatest crime against humanity that there is as established at Nrumeburg and that crime is a War of Agression. Because the United States committed a war of aggression on Iraq all the other activities of the United States in Iraq are criminal acts under international law.

That is all the evidence the Attorney General needs.

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There are still a number of innocent prisoners who were kidnapped and tortured holed up at Gitmo and CIA prisons all over the world.

Can we press for them to get out first in order to line up our witnesses to testify against the worst regime and POTUS?

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Christ, we can't even get Karl Rove to appear on a subpoena, how the hell will we get a Special Prosecutor?

I nominate Glenn Greenwald for Special Prosecutor.

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Washington in your opinion may have been "dominated for weeks" by this debate, but the same could not be further from the truth among the public. Beyond the Beltway the issue is the Economy, the Economy and the Economy.

Do you think America has the stomach for a political shitstorm like the prosecutions they are seeking, one that will suck the wind out of every other piece of Obama, and the Country's agenda? Remember the sorry episode of the Starr investigation, Impeachment, etc., that sucked up more than a year of our lives? Multiply the gridlock factor by 10, and you might be on to something.

I also think it is interesting that these groups think the US Justice System is their best bet. Maybe I'm too cynical, and have been a lawyer too long, but a courtroom is the last place you go if you are looking for Truth and Justice. That's the American Way, after all.

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I agree 1000 percent. Especially with this quote:

"Maybe I'm too cynical, and have been a lawyer too long, but a courtroom is the last place you go if you are looking for Truth and Justice. That's the American Way, after all."

A courtroom is the last place. You want truth and justice argue in a philosophy class. People watch too much courtroom bs on tv. I have yet to see either truth or justice occur in a courtroom. There are no perry mason moments in court. They don't exist. It usually happens before you go to trial through settlement if there is something that is absolutely true and would destroy the case or something screaming for "justice." The courtroom is the last place it occurs.

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As Michael A pointed out above, grand jury proceedings are secret. Appointing a special counsel produces less of a "shitstorm" than a highly public truth commission, at least in the immediate future.

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Appointing a special counsel produces less of a "shitstorm" than a highly public truth commission.

So were you not watching news or reading papers from, oh, 1987 to 1999?

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I was. As I recall, public hearings and impeachment proceedings caused much more of a "shitstorm" than the daily work of special counsels.

Granted, the report, when released, might cause a "shitstorm", especially if it recommends prosecutions, but that's why I qualified my statement that you misquoted with "at least in the immediate future."

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Ah, I see your point. In my mind, there was never any seperation between Ken Starr and the Congressional inquistion, though there certainly was between Walsh and the Iran-Contra hearings.

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The best chance we have in ever knowing what happened will be whatever comes out of the UK.

Also human rights groups are up in arms regarding Sec. Clinton's message to China about not letting Human Rights disagreements get in the way of other agreements. Of course the US has lost the moral high ground, and can't be lecturing other countries about civil liberties. You can be sure China knows exactly what went on under the Bush Administration watch in regards to the "war or terror" and the Obama Administrations choice to "look forward", means Obama has little moral highground to stand on either.

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Well Jack Straw is blocking things there I am afraid.

http://news.bbc.co.uk/1/hi/uk_politics/7907991.stm

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I think this is what needs to happen. Given USDOJ's extensive involvement in the matters under question, a special counsel is clearly warranted. Also, an independent counsel with Republican credentials should afford some protection for the Obama administration against the inevitable Republican complaints that the investigation amounts to political recriminations for policy differences.

I wish, though, that the groups and the media would use the correct language. The first step is to appoint a special counsel to conduct an investigation. There is no need to refer to the counsel as a "prosecutor," or to refer to the investigation as a "criminal" investigation at this point. First you do the investigation and then, based on the results, you decide whether criminal proceedings are warranted.

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The prosecution of Bush and Cheney would bring down the whole Government. Many others knew what was going on, and Cheney would name names. Also Bill Clinton would likely need to be tried as well for the black ops he signed off on in South America.

Congress failed to be the check and balance. Bush was re-elected in 2004, after renditions, black site prisons and Abu Ghraib were known to anybody paying attention.

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I agree with that. I think that it is telling that pelosi doesn't want to go after the iraq debacle in hearings. Why? Because dems finger prints are all over that fiasco. I want the truth and I care more about the iraq disaster than any of the other crimes of the king's administration. Why is that off the table??????? Something stinks.

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We need management of the exposure and prosecution of Bush era crimes. There were thousands. Some will be best addressed by prosecutors alone, but for some of the big ones like torture, homicide, rape, and theft of billions, a coordinated approach to exposure and prosecution would best serve the dual interests of demonstrating that everyone is equal before the law, and healing the hole in our sense of what our Constitution actually defines as our rights and our President's limits.

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Never gonna happen. Barrack's scrotum is as empty as Harry Reid's. Or Nancy Pelosi's for that matter....

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Mailed today:

February 24, 2009


Eric Holder, Esquire
Attorney General of the United States
U. S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Mr. Attorney General:

"For the good of the nation," Gerald R. Ford pardoned Richard Nixon for his Watergate crimes and engendered the Iran-Contra scandal. "For the good of the nation," George H. W. Bush pardoned the Iran-Contra perpetrators and invited the criminality of the past eight years by the George W. Bush administration.

It is time to end this pernicious poisoning of American governance and to hold accountable those who have violated the laws of the United States.

In his stirring dissent in Olmstead v. U.S., 277 U.S. 438 (1928), Justice Louis Brandeis declared:

“Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. . . .”

The oath you took to defend our Constitution imposes upon you a paramount duty to restore the rule of law in America.

For the good of the nation, all of those in the Bush administration who committed crimes against the United States must be brought to justice without delay.

In the strongest possible terms, I urge you to appoint a Special Prosecutor at once to investigate and prosecute those against whom credible evidence of criminality exists.

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I am, sadly, and with a certain sanguine ennui, reminded of something Stalin said...when told that the pope was angry about the invasion of Hungary by the Soviet Union, he replied: Really, how many divisions does the pope have...

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Might makes right.

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Those two million people in the street of Washington for the inauguration would constitute quite a few divisions.

Someone has said that President Obama is no Lincoln, no FDR---but more like Gorbachev, well-meaning but unsure of what needs to be done and perhaps unable to control the forces at work in these times.

I see no likelihood of effective mass street demonstrations to capture and express the remarkable phenomenon from inauguration week. By summer, it is likely that demoralization and disillusion will set in. Then a reactionary mood may spread, fed by Limbaugh-type demagogues.

Why doesn't President Obama use his massive campaign organization as an on-going political tool? Is it that he thinks it was all just meant for fulfilling his personal ambition and destiny, rather than a grassroots uprising of people who wanted "change we can believe in"?

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I am, and for months, have been, deeply conflicted about this.

On the pro-side, our most solemn and important treaty commitments, commitments to the world to behave with minimal decency to our enemies, made in the hope that our enemies would treat us similarly, were breached. Our failure to show the world that we'll prosecute our own for those breaches sets a piss poor example when we implore other countries to render or prosecute butchers like Ratko Mladic. That's the right and high-minded motivation saying we should do it. It's all easy to understand and articulate.

On the anti-side, I've got nothing but grubby, filthy realpolitik concerns combined with a well-founded fear that the Republican Party would react to this in the most psychotic and socially destructive fashion possible.

Republicans think everything is political and about payback. They will, inevitably, view prosecutions as entirely politically motivated. They will, without any intentional irony, call it the politicization of justice and the criminalization of politics and interpret it entirely as payback for something or other they did--the Clinton impeachment, probably. They'll interpret that way because, in their world, the Clinton impeachment was payback for the Nixon impeachment and the Bork nomination and the 60s and every other damn thing marked down in their psychotic scorekeeping book. And, as a result, if we were to prosecute Bush or the others--no matter how justified and well founded our reasons--as surely as day follows night, first chance they got they would fake up a reason to prosecute or impeach Obama or Biden or whatever Democrat they hated most. Individually, they may be decent enough chaps, but collectively, they're sociopaths and that's how they roll. And so it would go, back and forth, becoming worse and worse as the government changed hand, hastening the collapse of the Republic in the process.

And, of course, there's the fact that the economy, and possibly civilization as we know it, are still in grave danger and I have more than a bit of a concern that the negative energy this fight would generate could be the thing that tips us over into completecollapse. There's just a flavor of bitter gunfight at the foot of an erupting volcano to it.

Ordinarily, because my "don't do it" concerns are largely based on fear and cynicism, and not a little crystal ball gazing, and my "do it" impulse is based on high-mindedness, my natural tendency would be to say don't listen to your fears and do the right thing. Honestly, though, my fear and cynicism concerns just seem more compelling to me right now. Maybe the economic crisis has unmanned me.

Or maybe, its the fact that there is one high-minded issue on the "don't do it," side of the scale for me. It just seems to me that way too many people on the left clamoring for a special prosecutor or a Truth Commission or a Grand Inquisitor or whatever are motivated by an anger that's boiled well past the righteousness mark on the thermometer and into black, crusty, bitter, malice. Maybe I understand how they got there because I so often had to have friends talk me down from that kind of anger. I still feel it welling up at the mere sight of a picture of Cheney or Yoo or Addington. (Indeed, I just realized that simply typing their names made my face spasm into a a brief furious microexpression.) Ultimately, however, I just have a bedrock conviction that no good can possibly come from actions that come from that place.

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You make an eloquent case.

It seems to me, however, that we no longer can afford to sacrifice principle for expediency. We saw more than enough of that during the Bush-Cheney regime.

While it's probably true that many are motivated by a passion for vengence, my own view is that we must be motivated by a passion for justice, that those who violate our laws must be held accountable and that the Republic will be strengthened, not weakened, if we do so. If we do not, there is no deterent to dissuade those who might deny the rule of law in the future.

For that reason, I join those who call for prompt prosecution of the felons who recently left the highest reaches of the U. S. government.

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TCFKANCS, your argument apparently boils down to:

1) On principle, it's the right thing to do.

2) Even though on principle it's the right thing to do, we can't/shouldn't do it, because not only are the Republicans, collectively, sociopaths, but they are very powerful, dangerous sociopaths.

The message, therefore, is that if you are a powerful enough sociopath, with powerful enough, sociopathic enough friends, you can, essentially, get away with murder, if not worse.

Is that really the message you want to send?

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If we know the truth already, and I believe we do, what is the purpose of a truth commission?

Patrick Leahy's answer to this is that so we can prevent these things from happening again.

You can't prevent crimes from happening again if you don't even opt to prosecute those who committed them or authorized them.

There is a crisis of confidence in our government, and I don't know how people can feel assured that if we put banks into temporary receivership, that government can competently oversee the process; especially if it can't oversee itself.


I think people underestimate the potential damage that Karl Rove does to our entire society by not bothering to show up for a subpoena.

It makes our entire democracy seem powerless.

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The problem with the system is that it's two party - It's always us vs them.

In reality there is probably 4-5 parties, Progressives on the left, moderate Dems, Libertarians, Moderate GOP and Wingnuts on the right. Now if there was five parties, four of the five would be all for prosecuting Bush and Cheney, however under the parties big tents he becomes one of their own and they feel need to protect him.

Also there would be a history of these five parties working together that would quell the Us vs Them feeling there is now. Sometimes the Moderate GOP would work with the Wingnuts to get something done, other times they could work with the moderate Dems and centrists.

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The idea of a "Truth Commission" is nothing but a front which signals that the US Congress does not have the spine nor the ethics to convene a prosecutorial commission to try our own war criminals.

To do so would put the Congress itself on trial.

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I would love to see these degenerates prosecuted, convicted, and jailed for their crimes against the American public and the rest of humanity. BUT, for most federal offenses, the statute of limitations is five years, so they escape criminally for ALL of their misdeeds perpetrated before 2004 and increasingly for their actions in 2004. It is really criminal that Nancy Pelosi, John Conyers, and Harry Reid gave these sociopaths a two-year "Get out of jail free" card.

Realistically, the ONLY way to hold these "people" responsible for much of what they have done -is- to have a Truth Commission, haul them before it under oath, and then have them either confess to their evilness (the Statute of Limitations having expired, they can't invoke the Fifth Amendment) or lie and try them for perjury.

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I vote for the special prosecutor. Count me in with the 20 groups.

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Hi, Thera!

I really was hoping for a PERP WALK, a la "Cold Case."

BTW - I'm watching Obama school Congress right now - and I don't feel like I need a stiff drink to get thru it.

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Hear! Hear! And Judis has it right!

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i am all for a special prosecutor.

so long as a the putative 'truth and reconcilliation' committee doesn't pardon the big fish, we'll see a prosecutor soon enough.

obama is right. we need hard core pressure from the left to expand the playing field.

justice douglas where are you?

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