by Mark Silva
Gerald Ford pardoned Richard Nixon.
Pressident-elect Barack Obama isn't offering any such sweeping amnesty, but is suggesting that he will not place a high priority on investigating where breaches of law may have occurred in the war on terrorism waged by his predecessor, President George W. Bush.
The "waterboarding'' that the Bush administration condoned in its interrogation of terrorist suspects is "torture,'' Obama said today, and there will be no place for that in his administration. The detention center at Guantanamo Bay, Cuba, will be closed, he vowed again today, as he has many times before, yet he concedes it will not be easy.
Conceding that Vice President Dick Cheney has offered some good advice in suggesting that Obama and company get a full understanding of everything that has gone on during the Bush terms before simply criticizing things that became a target of "campaign rhetoric,'' Obama did say in his interview on ABC News' This Week with George Stephanopoulos today that he and Cheney have some serious differences about the way things have been done.
But, asked if he might ask his Justice Department to investigate wrong-doing by his predecessor, Obama repeatedly suggested that the past is past, and he is more interested in looking :"forward.''
"The most popular question on your own Web-site is related to this,'' Stephanopoulos asked the president-elect. "On change.gov it comes from Bob Fertik of New York City and he asks, will you appoint a special prosecutor -- ideally Patrick Fitzgerald -- to independently investigate the greatest crimes of the Bush administration, including torture and warrantless wiretapping.
"We're still evaluating how we're going to approach the whole issue of interrogations, detentions, and so fort,'' Obama said. "And obviously we're going to be looking at past practices and I don't believe that anybody is above the law. On the other hand, I also have a belief that we need to look forward as opposed to looking backwards.
"And part of my job is to make sure that for example at the CIA, you've got extraordinarily talented people who are working very hard to keep Americans safe. I don't want them to suddenly feel like they've got to spend all their time looking over their shoulders....
"So, no 9/11 commission with independent subpoena power? '' the host asked.
"We have not made final decisions, but my instinct is for us to focus on how do we make sure that moving forward we are doing the right thing,'' Obama said. "That doesn't mean that if somebody has blatantly broken the law that they are above the law. But my orientation's going to be to move forward.''
That doesn't mean he condones everything that has taken place, he suggested.
"For example, Vice President Cheney I think continues to defend what he calls extraordinary measures or procedures when it comes to interrogations and from my view waterboarding is torture,'' Obama said. "I have said that under my administration we will not torture....''
Does that mean the CIA must adhere to the practices of the Army Field Manual?
"My general view is that our United States military is under fire and has huge stakes in getting good intelligence,'' Obama said. "And if our top army commanders feel comfortable with interrogation techniques that are squarely within the boundaries of rule of law, our Constitution and international standards, then those are things that we should be able to (do)...
"I'm not going to lay out a particular program because again, I thought that Dick Cheney's advice was good, which is let's make sure we know everything that's being done,'' he said. "But the interesting thing George was that during the campaign, although John McCain and I had a lot of differences on a lot of issues, this is one where we didn't have a difference, which is that it is possible for us to keep the American people safe while still adhering to our core values and ideals and that's what I intend to carry forward in my administration. ''
How about Guantanamo? Shutting it down in the first 100 days?
"It is more difficult than I think a lot of people realize and we are going to get it done but part of the challenge that you have is that you have a bunch of folks that have been detained, many of whom who may be very dangerous who have not been put on trial or have not gone through some adjudication,'' Obama said. "And some of the evidence against them may be tainted even though it's true. And so how to balance creating a process that adheres to rule of law, habeas corpus, basic principles of Anglo-American legal system, but doing it in a way that doesn't result in releasing people who are intent on blowing us up...
So not in 100 days, the host pressed?
"That's a challenge,'' Obama said. "I think it's going to take some time and our legal teams are working in consultation with our national security apparatus as we speak to help design exactly what we need to do. But I don't want to be ambiguous about this: we are going to close Guantanamo and we are going to make sure that the procedures we set up are ones that abide by our constitution. That is not only the right thing to do but it actually has to be part of our broader national security strategy because we will send a message to the world that we are serious about our values. ''
Comments
Obama needs to see that justice is served by US courts. He will be a hypocrite if he is the president in charge of a DOJ with no follow-up to crime. Why cherry pick the politicians who get charged with crimes? How does a US president allow torture and murder to go with no justice? Big mistake. What if a private US citizen committed torture?
Posted by: Vivian | January 11, 2009 6:03 PM
The crimes of the BushCo/Republican crime family must be put on trial, our reputation as a country of law and order is at stake.
We will look pathetic in the world's eyes if the world court puts BushCo on trial and not us.
Posted by: Big Orange Satan | January 11, 2009 6:37 PM
I can imagine those "courtesy calls" on senators by AG Des Holder.
The Toyota senators will be trying to extract promises from him that he won't go after certain folk. The list might include.....
Still in all, what about all that taxpayer money that the contractors in Iraq "disappeared"???
Posted by: ornery | January 11, 2009 7:17 PM
Please Vivian...get a clue. Bush signed off on investigating the use of "extraordinary rendition" used by B.J. Clinton to fight terrorism and Obama will do the same for Bush.
It's called NATIONAL SECURITY--not, vivian the bush hater and terrorist sympathizer.
Paulo
Posted by: Paulo | January 11, 2009 7:31 PM
Obama is smart not to show his cards at this point. Bush is still the prez, and Mukasey is still AG. What if Obama had said what we're all waiting to hear? Something like "We intend to fully investigate, and if necessary prosecute, individuals who knowingly and intentionally violated the law and our Constitution." Pardons would be issued, documents and tapes would be destroyed, and more emails would be "lost". Better to wait and see.
Posted by: Zappo | January 11, 2009 9:43 PM
Paulo--You are right on the first account and wrong on the second. I think Bush has terrorized Americans and the people of Iraq. I am not a sympathizer of Bush.
Posted by: Vivian | January 11, 2009 10:04 PM
Vivian, please tell us how Bush terrorized Americans? How did he do that...by keeping us safe from another attack? I don't know of anyone who felt terrorized...your joking right?
And, by your thinking, Saddam Hussein didn't terrorize his own people, but Bush did? ...wow.
Posted by: Paulo | January 12, 2009 12:08 AM
BushTerrorized Americans? Um, no Vivian, that was Osama Binladen.
Terrorized Iraqi's? Um, no Vivian, that was Saddam Hussein, he's dead now, and they have this thing over in Iraq now called a democracy...that's the opposite of a dictatorship.
Who's your history teacher?
Paulo
Posted by: Paulo | January 12, 2009 12:27 AM
Where there's a will there's a way: The Guanatamo prison camp should be closed ASAP. However the bigger issue of returning the land the entire military base is on to Cuba will still be pending. With all the unemployment in the USA why not do the right thing and give Cuba back its land and move the base to Florida where businesses would benefit?
Posted by: Circles Robinson | January 12, 2009 6:48 AM
Nancy took impeachment off the table.
Now this.
Well, Obama may think the country can just move on, but I think he is wrong.
Until the cancer is removed the country will not recover.
Posted by: C.Morris✈ | January 12, 2009 8:22 AM
If Obama's administration won't hold the criminals of the Bu$h Administration accountable, I guess it's another job that must be done by We The People.
It's not like we don't have any experience in this, after the last eight years!!!
WE ARE a nation of laws. The truths are out there and blatant.
I'd be thinking about doing the job the People want, if I were the new president. Washington pols WORK FOR US!
Best we remember that as we look to the future.
siri@legitgov.org
www.legitgov.org
Posted by: siri | January 12, 2009 9:51 AM
Obama repeatedly suggested that the past is past, and he is more interested in looking :"forward.''
--------------------------------
The great Obama may have been somewhat ambivalent about pursuing the raving leftist lunatic stuff like this, but his priority definitely seemed to be to look "forward" and to move "forward". This issue may be on the table, to give the Bush-Cheney Haters something to hold on to, but you are not giving the great Obama very much credit if you think that he really wants to waste resources and political capital on this piece of liberal lunacy. You can always "hope", I suppose, but those of you that are intending to stay in revenge mode for "the crimes" of the Bush Administration are probably not going to have your "hopes" and dreams come true on this one.
The full flavor of this interview is not really captured in this article. The great Obama came across as actually sounding like a Neocon Lite with respect to the world-wide threats that are on-going against America. His model definitely DOES NOT seem to be Jimmy Carter. Maybe there can only be one Jimmy Carter. At any time. There is "Hope".
Shutting down Guantanamo Rhetoric is one thing, shutting down Guantanamo Reality is something else. We know that the great Obama can't do anything wrong, but for a committed Leftist, it had to be like a goat looking at a gate. Something is in your way, but you can't be sure exactly what, at least in this interview. Good luck to you, Bush-Cheney Haters, long may you pine.
Posted by: Django - N Exile somewhere in/around the 30th Parallel | January 12, 2009 9:54 AM
"Obama Shows Reluctance to Look Into Bush Policies" N.Y. Times, January 12th, 2009
The N.Y. Times seems to agree with Django. That is messed up.
Posted by: Django - N Exile somewhere in/around the 30th Parallel | January 12, 2009 11:47 AM
So, now, remind me what the opposition to Hillary was, again?
Plain old sexism, kiddies of the left and the right.
Posted by: CLOSE GITMO WITH INT'L RED CROSS HELP NOW | January 12, 2009 12:15 PM
Paulo--How was the Bush/Cheney re-education camp?
America won't take Obama seriously if we find that he is not a man of laws, and that he does not care about justice. The Nuremberg trials took four years 1945-1949. And, there are no statutory limitations on those crimes either. Russia, UK, USA and France took part. Do we want other nations doing this, or do we want to show the world we are a good and just people?
Posted by: Vivian | January 12, 2009 12:39 PM
Do we want other nations doing this, or do we want to show the world we are a good and just people?
Posted by: Vivian | January 12, 2009 12:39 PM
----------------------------
I want to show the world my collection of WWII planes and my Martin and Fender and guitars.
Let there always be peace.
Posted by: Django - N Exile somewhere in/around the 30th Parallel | January 12, 2009 2:13 PM
I think you read a great deal into the President elects comments.
Perhaps if you were to review the observations made by campaign staffers on the trail,
you wouldnt be quite so quick to assume the folks who spent eight years ignoring the law will enjoy a free pass from a harvard lawyer once he actually assumes power
were I the President Elect I wouldnt tip my hand prior to 1-20-09, in fact I would make the evil doers feel quite comfortable and at ease, that's my view I am sure yours is different
Posted by: psburton | January 12, 2009 2:53 PM
I wish Vivian was protecting us from our enemies. I'd sleep so much better at night. I say she boards the parolee's from Gitmo once they get a pass; meaning taking them in, not the water variety.
Posted by: ObamabotsACTIVATE | January 12, 2009 3:21 PM
Wake up people GITMO works!. The proof is in the pudding. No attack on American soil. The war is being won. Also everyone seems to forget that many of the prisoners were found back on the battlefield after being released from GITMO. And now that Obama wants to close it none of the countries of these prisoners want them back. Maybe some of these President Bush haters would like them to be released into their custody.If so maybe they might have their throats cut durning the night.
Posted by: Paul | January 12, 2009 3:39 PM
War crimes? Nuremberg? World Court? Get a grip. You live in an absolute fantasy world if you think any of that will happen. I'm just glad Obama doesn't live on whatever planet you guys are on. I wonder if Obama talks to his friends in private like this: "Man, the far left is completely insane. I'm glad I don't need those quacks anymore. After all, what are they going to do when I don't indulge their ridiculous fantasies? Vote Republican? (laughter) I mean, I needed them in the primaries. I had to get farther left than Kucinich. Think that was easy? Now that they're in my pocket and will fall into line no matter what I say, I can get on with a sane policy. I mean, I appointed Bush’s SOD! These far lefties are so far in my pocket, they justify it by saying I like a variety of opinions!” (more laughter)
Posted by: Herbie H. | January 12, 2009 4:52 PM
It's likely that the people who actually carried out torture at Gitmo had very little to do with setting the policies. They shouldn't be punished at the same level as those who actually made the decisions and ordered people to carry them out -- but still, ALL of them need to carry responsibility for what they did. I'd hate to see us just turn our back on that and act like nothing happened.
Posted by: Op109 | January 12, 2009 5:38 PM
Leftys coming unglued, again. Obama will "uh, uh, uh, for so long about Gitmo. ya'll still be hollering a couple a years from now. He "hedging" on advance interrogation. I think he said we have to be "pragmatic", in other words, business as usual. Get real, idealism sounds good in classroom and fantasy.
Posted by: Bubba Porter | January 12, 2009 11:47 PM