Obama on the US torture program
Following up on the latest extremist Cheney/Addington/Yoo arguments advanced by the Obama DOJ in order to shield Bush lawbreaking from disclosure and judicial review — an episode I wrote about in detail yesterday, here — it’s worthwhile to underscore the implications of Barack Obama’s conduct. When Obama sought to placate his angry supporters after he voted for the Bush/Cheney FISA-telecom immunity bill last June (after vowing the prior December to support a filibuster of any such legislation), this is what he said (h/t notavailable):
[The FISA bill] also firmly re-establishes basic judicial oversight over all domestic surveillance in the future. It does, however, grant retroactive immunity, and I will work in the Senate to remove this provision so that we can seek full accountability for past offenses.
So candidate Obama unambiguously vowed to his supporters that he would work to ensure "full accountability" for "past offenses" in surveillance lawbreaking. President Obama, however, has now become the prime impediment to precisely that accountability, repeatedly engaging in extraordinary legal maneuvers to ensure that "past offenses" — both in the surveillance and torture/rendition realm — remain secret and forever immunized from judicial review. Put another way, Obama has repeatedly done the exact opposite of what he vowed he would do: rather than "seek full accountability for past offenses," he has been working feverishly to block such accountability, by embracing the same radical Bush/Cheney views and rhetoric regarding presidential secrecy powers that caused so much controversy and anger for the last several years.
And note the pure deceit on the part of Senate Democrats who justified telecom immunity by continuously assuring the public that the Bush officials who ordered the illegal surveillance (as opposed to the telecoms who broke the law by enabling it) would still be subject to legal accountability even once the Congress immunized telecoms. It was obvious at the time (as was often pointed out) that they were outright lying when they said this — because all sorts of legal instruments had been invoked by the Bush DOJ (such as "state secrets" and "standing" arguments) to protect those government officials from that accountability (legal instruments Democrats knowingly left in place). And now it is Barack Obama, by employing those very same instruments, who is leading the way in making a mockery of the assurances given by Senate Democrats — don’t worry that we immunized the phone companies because Bush officials, who were the truly guilty parties in the illegal spying, will still be subject to legal accountability.
On a very related note: last night, The New York Review of Books published the full report of the International Committee of the Red Cross (.pdf), which documented in detail the brutal torture to which the 14 "high-value" detainees whom we disappeared into our CIA "black sites" were subjected and demanded "that the US authorities investigate all allegations of ill-treatment and take steps to punish the perpetrators, where appropriate." As Scott Horton notes, the ICRC does not call for investigations and prosecutions easily, but rather, "only where the evidence of criminal conduct is manifest." Yet Obama’s handpicked CIA Director, Leon Panetta, continues to demand that there be no investigations of any kind, let alone prosecutions. As a CIA spokesperson told the New York Times yesterday in response to the ICRC report:
Mr. Panetta "has stated repeatedly that no one who took actions based on legal guidance from the Department of Justice at the time should be investigated, let alone punished." The C.I.A.’s interrogation methods were declared legal by the Justice Department under President George W. Bush.
[It should be noted, however, that many of the torture techniques authorized by the White House Principals Group -- chaired by Condoleezza Rice -- were explicitly declared legal by the DOJ only after they were authorized; at the time, "the Principals also approved interrogations that combined different methods, pushing the limits of international law and even the Justice Department's own legal approval in the 2002 memo"]…
