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Truth Commissions


So I finally got around to reading the transcript from This Week. George should be commended--he went a full ten minutes without asking Obama about a flag pin.  

That said, I don't understand the hand-wringing over his non-answer.  Imagine what would happen if Obama had said--five days before his inauguration--"Hell yes we're going to prosecute.  This rot goes all the way to the top, and we're going to roll up all the little fish until we nab the big ones: Cheney, Rumsfeld, and W himself.  I'll fly them to the Hague myself."
  
His legislative priorities would be killed--squashed--over.  He would have to fight the media every day over charges of partisanship that--baseless or not--would form the dominant narrative of every news cycle.  Jobs?  Stimulus? TARP? Forget it.  That's not an ideal world, but it's the one we live in.

Instead of wasting this energy making people feel good, he can use his political capital to accomplish things quietly.  [Note: rampant speculation follows].  Thus, for example, it would make more sense to: (1) initiate an OLC review and repudiate any opinion that condones torture.  To the extent those opinions exist, make them public.  Second, immediately implement clear policies and procedures in both the army and the CIA that prohibit this activity.  Quietly make arrangements to shut Gitmo down.

After this foundation is in place, then it makes sense to me to go public with what you uncovered, and what you want to have changed permanently. This creates momentum for more investigations, as Congress will become interested in what actually went on. ( In contrast, it would be very hard to investigate cabinet-level appointees and bureaucracies when you've announced to the press that you're looking to mount their heads on your wall.)  

That's why I think a truth commission may ultimately happen.  The Commission grants immunity.  Its findings should include express language stating that the Geneva Convention was broken, and that the witnesses who testified violated the law.  (It's not a cathartic as a frog-march, but it will help prevent future abuses).  This will be done in consultation with (and perhaps even by) Congress.   If it's done properly,  it will make the Republicans look terrible and there's nothing that they will be able to do about it.




17 Comments

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Sounds good to me. Good post.

A new President can not come in simply throwing accusations around and promising prosecutions from the get go. Your political assessment is good.

I have not perfected these site cites or links but TPM discusses Representative Conyers' bill.

By the way isn't this great. During a time when the Congress is usually on vacation, Pelosi is passing bills, other reps are creating new bills, the Senate is holding hearings...I am really hopeful.

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One of the points Lame duck hunter Cheney has been making (regarding torture etc) recently is that the new administration needs to get in and see what the Bush Administration saw and had to do before making any judgments about the Bush Administrations actions.

I say: "Bring It On!!!"

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wvbiker, LAME DUCK HUNTER

You are hereby given the quote of the day award.

On behalf of all of me, my thanks.

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Cheney makes this assertion because he thinks he is completely and totally justified. It matters not to Cheney that all the research related to the efficacy of torture indicates it is worthless as an extraction tool for information. Cheney simply knows better then eveyrone else on Earth. He is that smart! Just ask him!

Oh, and he probably wrote the information you will find at the CIA himself. It was reported at that time that he was frequently visting the CIA in the run up to war, something Cheney never explained and with which the news never did anything further that I can recall. Again, he knew more then an entire agency whose middle name is intelligence. It's breath taking really how smart he is.

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I agree. Obama will be remembered well if he spends eight years in the White House and does not abuse his power 1/100 as much as Bush did. But if he spends all of his time trying to pulverize the previous administration, then he will look petty and not serious about getting our economy on the right track.

Also, I think I agree that "we need to look forward."

Good political move on Obama's part, and good post.

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What's a little torture among friends?

What sort of precedent is set if Bush is allowed commit all the crimes that he did without penalty?

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see my comment below... I agree with you.

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Agree and thank you. This is exactly what I have been thinking when I here people demanding that Obama must immediately try, convict, and execute Bush and his administration for War Crimes, etc or be held complicit in their acts. I'm no Bush fan, but right now is not the time to start a civil war.

BTW, if we are seeking prosecutions, then we also must look at Bill Clinton and his administration as well. They were the first to enact the extraordinary rendition process for terrorism suspects. That is, if we are serious about this for legal matters and not just political payback.

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I give a rat's ass if the criminal is a Republican, a Democrat, or a Rotarian, fer chrissakes!

Much of the problem we face in trying to get this Congress to pursue this matter is that the leadership there is complicit in the crimes. This includes Rockefeller, Pelosi, Reid and who knows how many other Democrats.

This is not a partisan issue. Instead, it is an issue that strikes at the very heart of who we would pretend to be as as defenders of "Life, Liberty and the Pursuit of Happiness," as well as a people who believe that we were "endowed by (our) Creator with certain unalienable Rights."

To even suggest that this is a partisan tit-for-tat is extremely insulting to those who believe there are fundamental principles upon which this nation stands that brook no compromise.

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DITTO

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Obama, as the executive, must focus on holding the reins and doing his job. DoJ and OLC can quietly get the wheels greased and, as you say, go to work. They are obliged to do something. Investigations take a long time and usually are not public. That is as things should be. And again, it's not Obama's job to do it - or to overrule it. He's out of that loop! And our OLC to be (Dawn Johnsen) knows that her job is to say "no" to the president.

How this will all play out I cannot say. But I intend to speak out on the necessity for justice to be served and the law obeyed.

Thanks for your careful thoughts and conjectures.

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Uhhh . . .

Quietly make arrangements to shut Gitmo down?

This doesn't sound too quiet to my ears.

President-elect Barack Obama plans to issue an executive order on his first full day in office directing the closing of the Guantánamo Bay detention camp in Cuba, people briefed by Obama transition officials said Monday.

Although, it does continue and points to the difficulties of actually closing the camp quickly.

People who have discussed the issues with transition officials in recent weeks said it appeared that the broad outlines of plans for the detention camp were taking shape. They said transition officials appeared committed to ordering an immediate suspension of the Bush administration’s military commissions system for trying detainees.

In addition, people who have conferred with transition officials said the incoming administration appeared to have rejected a proposal to seek a new law authorizing indefinite detention inside the United States. The Bush administration has insisted that such a measure is necessary to close the Guantánamo camp and bring some detainees to the United States.

Mr. Obama has repeatedly said he wants to close the camp. But in an interview on Sunday on ABC, he indicated that the process could take time, saying, “It is more difficult than I think a lot of people realize.” Closing it within the first 100 days of his administration, he said, would be “a challenge.”

nytimes.com/2009/01/13/us/politics/13gitmo

Just saying . . .

~OGD~

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You know OGD, your cartoon is so hilarious. It is in my top five. My favorite pig in tennis shoes is probably tops. But I laugh everytime you show up and your comments are so damn funny anyway.

On a more serious note, good documentation.

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A minor point... Those are 'cow slippers' or 'moo shoes' as we call them around the sty.

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Yeah, well they are still made by Nike

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Backatcha . . .

You ain't too shabby yerself there ... Dick.

~OGD~

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You're nike too OGD!

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