by Josh Meyer
Att'y Gen. Eric H. Holder Jr. today opened a preliminary investigation into whether some CIA operatives broke the law in their coercive interrogations of suspected terrorists in the years after the Sept. 11, 2001 attacks -- prompting sharp criticism from both the right and the left.
Holder said that he decided to establish what he called a ``preliminary review'' after he conducted a thorough examination of past reviews of the interrogations, including an internal CIA investigation completed in 2004 by the agency's inspector general and separate reviews by Justice Department internal affairs watchdogs and line prosecutors.
``As a result of my analysis of all of this material, I have concluded that the information known to me warrants opening a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations,'' Holder said in a just-released statement.
``The department regularly uses preliminary reviews to gather information to determine whether there is sufficient predication to warrant a full investigation of a matter. I want to emphasize that neither the opening of a preliminary review nor, if evidence warrants it, the commencement of a full investigation, means that charges will necessarily follow.''
Holder tapped Assistant U.S. Att'y John Durham to lead the review, saying Durham is best positioned to do so because he has already investigating the CIA. Last year, the Bush administration's final attorney general, Michael Mukasey, appointed the Connecticut-based Durham to investigate the destruction of CIA videotapes of detainee interrogations.
``During the course of that investigation, Mr. Durham has gained great familiarity with much of the information that is relevant to the matter at hand. Accordingly, I have decided to expand his mandate to encompass this related review,'' Holder said.
Durham, an experienced and well-regarded career prosecutor, already has assembled a team of investigators, who will recommend to Holder ``whether there is sufficient predication for a full investigation into whether the law was violated in connection with the interrogation of certain detainees,'' the attorney general said.
"There are those who will use my decision to open a preliminary review as a means of broadly criticizing the work of our nation's intelligence community. I could not disagree more with that view,'' Holder said.
"I fully realize that my decision to commence this preliminary review will be controversial. As attorney general, my duty is to examine the facts and to follow the law. In this case, given all of the information currently available, it is clear to me that this review is the only responsible course of action for me to take."
Congressional Republicans continued their sharp criticism of the attorney general for launching such an investigation, no matter how narrowly focused, saying it endangered national security. And human rights organizations condemned the nation's top law enforcement official for not going far enough in trying to hold Bush administration officials legally accountable for using at least one coercive interrogation technique--water-boarding--which Holder himself has described as torture.
``Responsibility for the torture program cannot be laid at the feet of a few low-level operatives. Some agents in the field may have gone further than the limits so ghoulishly laid out by the lawyers who twisted the law to create legal cover for the program, but it is the lawyers and the officials who oversaw and approved the program who must be investigated,'' said the Center for Constitutional Rights.
"The attorney general must appoint an independent special prosecutor with a full mandate to investigate those responsible for torture and war crimes, especially the high ranking officials who designed, justified and orchestrated the torture program,'' the center said in a statement.
"We call on the Obama administration not to tie a prosecutor's hands but to let the investigation go as far up the chain of command as the facts lead. We must send a clear message to the rest of the world, to future officials, and to the victims of torture that justice will be served and that the rule of law has been restored."





Comments
Rock-n-Roll Baby!
It's about freaking time!
It's going to be fun watching the BushCo Republican war criminals/thugs scurrying for a dark place to hide from the light.
Posted by: jbob | August 24, 2009 3:46 PM
The special prosecutor should get some of the suspects in these cases to turn over evidence against the higher ups (Bush administration) in exchange for leniency, so the chain of ordering torture can be followed right at the top. Don't get me wrong, I believe these CIA agents and contractors should serve serious jail time for what they did (moreso than say GI's who were following orders), but they too are not the true culprits of this conspiracy.
There must be investigation, there must be prosecution, and there ultimately must be life sentences without parole or pardon for 1) the people at the top who ordered torture, 2) those near the top who violated the Constitution on an almost daily basis to allow it to happen, and 3) those who crafted the legal opinions to let it happen.
While many others also arguably deserve life sentences, the absolute minimum is for the people in those three categories to spend the rest of their lives in prison. Anything less is unacceptable to the continued survival of the Constitution, the rule of law, and any semblance of morality or human dignity.
Names in those three categories include, but are not limited to: Cheney, Rove, Bush, Addington, Rumsfeld, Gonzales, Yoo, Bybee etc.
There is no way in hell CIA interrogators would do things like brandish a power drill and stage mock executions...unless they were under the distinct impression their behavior was condoned by higher ups.
If I were one of these CIA interrogators, I would be most eager to flip on the civvies (Bush administration) that betrayed me.
Hopefully, this special prosecutor has the stones to follow these cases wherever they may lead.
Posted by: former Republican | August 24, 2009 3:54 PM
It is great to see a result of our electing President Obama and Vice-President Biden. If the CIA violated any of our laws, they are not above the law and they must be held accountable. It was a dark day in America's history, when pictures of the Bush&Cheney fringe were at work, torturing and humiliating other human beings. Let us follow the leads and if it leads to higher authorities, then, so be it !! America must and will regain its moral authority in the world and that is accomplished by trying and convicting anyone and everyone, who were responsible for this shameful and inhumane side-show !! America should be the beacon of freedom and liberty, not torture and inhumanity, regardless of what our enemies have done to us !! We must never stoop to there subterranean level. It is our humanity and our freedoms, that we become a great nation, once again.
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE AND WHOLE. NOW.
Posted by: Don Fitzgerald, IL | August 24, 2009 4:34 PM
Can't wait until the criminal proceedings in the next administration for the things Obama's does. It's great to finally live in a banana republic.
Posted by: Roy | August 24, 2009 4:34 PM
Let's see. Holder sells pardons to drug dealers and felons on the run. Holder won't prosecute Black Panthers standing in the door of polling places with clubs. Holder won't appoint a special prosecutor to clean up Chicago or Springfield or CPD corruption. How many dozen children shot down in Chicago so far this year? Holder is too busy for that.
Holder will appoint a prosecutor to persecute people who have defended this country. It will cost the tax payers hundreds of millions during the "greatest economic crisis since the great depression." It will produce little or nothing of value and reduces the US to the level of Venezuela or Nicaragua and cripple the will and moral of OUR intelligence agencies. It will produce, Obama, Axelrod, Rahm and Holder hope, distraction from the administration's corruption, incompetence, dogmatic leftist programs and obvious failure.
More misdirection and distraction from the Chicago mob. Any thing but the truth, reason or common decency. Remember now don't raise your voice to a Democrat politician. What bad manners. After all the war on terror is over but their war on America is just getting under way.
By the way how come Obama's addition of two thousand billion dollars (Two $Trillion$, raising the deficit from $7 to $9 Trillion) to the deficit late Friday hasn't made the front page of the People's Newspaper, The Chicago Tribune in a big way or at all? I guess they are tied up doing CIA, wag the dog stories for Obama and Rahm.
Hopium Dopium Comrades, or is that Chumps?!
Posted by: Mavis | August 24, 2009 4:37 PM
This investigation will put American Intelligence back at least ten years. It will do just about as much damage or more than the Church Investigations did in the late 1970's. ABC is reporting that Leo Panetta, CIA Director, is threatening to quit over the investigation.
Posted by: Depot Jim | August 24, 2009 4:37 PM
Replace CIA operatives with ACORN reps - they're meaner anyway.
Posted by: T.K. | August 24, 2009 4:47 PM
Wow--judging from some of the comments, the Fox nuts have crawled out of the woodwork. Spary them until they're gone, or put them in front of the death panels. Whoops! They don't exist...
Posted by: gibster | August 24, 2009 4:53 PM
You have been so brainwashed by the democrats. that you could not see straight if you all tried. The blame game is always used as a distraction to wrong doings. In this case trying to hide what is really going to kick our pocket books by what the congress and president are doing. open your eyes, The only way to move forward is to stop trying to move backward and you Bush haters (the same ones who blamed bush for the high price of oil. Which is still going up again) You bush haters who have no real idea why you hated Bush. Just because you were told too. Since your all followers and not leaders. Led by hate spewed by the media for self gain on their part. Profitting off of your ignorance. Good luck to us all
Posted by: John | August 24, 2009 4:58 PM
It's about time. Finally, Rove, Cheney, and co. will be revealed for the Constitution-flouting criminals that they are. BTW, Holder, as Attorney General, is an independent counsel, meaning this was not a direct order from Obama.
Posted by: Jess | August 24, 2009 5:01 PM
No, it is the Bush&Cheney fringe that has set our intelligence community back, decades. This investigation will help us to regain our abilities to gather intelligence. If for no other reason, than the Bush&Cheney fringe is no longer dumbing down our government !! Their I.Q. couldn't be spotted with the help of a microscope !! Thank God, we don't have that fringe to kick around, anymore !! Now, if we can just extract all of those tentacles they left behind !! I'm sure we will.
SUPPORT OUR TROOPS, BRING THEM HOME, ALIVE AND WHOLE. NOW.
Posted by: Don Fitzgerald, IL | August 24, 2009 5:08 PM
Conviction of the guilty is the important issue here. Get the US on record of convicting people, regardless of their political standing, when they commit crimes.
They might serve little or no prison time, but their records will be forever blackened.
Do people not think Nixon was well punished for what he did even though he spent not one day in prison? He lived the rest of his life as a political pariah, realizing that throughout history he would be the (first) president to be forced to resign the office.
Of course it might be a long time before we suffer the effects of another Republican president. Republicans aren't likely to get their act together in less than a decade. They largely have to wait for the nutty Gingrich congressional generation that's killing them in the court of public opinion to die out first.
http://www.politicsdaily.com/2009/04/30/republican-party-identification-nears-the-mendoza-line/
Posted by: Freeper | August 24, 2009 5:23 PM
A vendetta, Chicago style . . .
Now's the appropriate time, it would seem. The President's approval rating is tanking, the deficit is soaring, and most Americans are outraged by the administration's efforts to shove health care legislation down their throats.
The response from the White House? "Eric, could you initiate an investigation of the Bush Administration? Gee, thanks."
Posted by: Mister Mike | August 24, 2009 5:34 PM
A vendetta, Chicago style .
Posted by: Mister Mike | August 24, 2009 5:34 PM
--------------------------------------------------
.
Mrs Mike,
So it's a "vendetta" when war criminals are put on trial but it's a virtue when Repugs waste taxpayer money going after a Dem President for a bj?
Try again, Clownboy...
It's no wonder the Repugs can't win elections anymore.
Posted by: Mullah Limbaugh - leader of the Greedy Oil Party | August 24, 2009 6:11 PM
With Eric Holder as A.G., who needs enemies? Seems like the camel has his nose in the tent after all. And America is much less safe as a result.
Posted by: Danforth | August 24, 2009 8:33 PM
With Eric Holder as A.G., who needs enemies? Seems like the camel has his nose in the tent after all. And America is much less safe as a result.
Posted by: Danforth | August 24, 2009 8:33 PM
WOW!
obama can take time to name a special prosecutor to try and save his sinking poll numbers for political gain with his ultra left looney tin foil hat base, but he can't find the long form of his "birth certificate."
Hmmmm...the main stream American rebellion is snow-balling....
Paulo
Posted by: Paulo | August 24, 2009 9:03 PM
Hmmm, Holder would be in prison right now rather than the AG if the Bush administration only hired a prosecutor to look into the illegal Clinton pardons that Holder spearheaded. Another mistake by the Bush administration.
Posted by: John D | August 24, 2009 9:06 PM
but he can't find the long form of his "birth certificate."Hmmmm...the main stream American rebellion is snow-balling....
Posted by: Paulo | August 24, 2009 9:03 PM
*********************************
.
I've got news for you Pablo, you whackjob Wingnut teabaggers are NOT mainstream Americans and you're not even close to being a majority.
.
http://thinkprogress.org/2009/08/21/idaho-deadly-weapon/
It's amazing how many Republicans have hopped aboard the crazy train and completely lost touch with reality. I mean, Democrats are debating how to tackle health care and whether a public option works best and how best to get costs under control.......
Meanwhile, the Republican party minions (like Pablo here) have become fixated on the idea that Barack Obama's family faked his birth certificate 47 years ago, knowing he would run for President eventually and need a cover story?!?!
I find it amazing that the average Republican minion in 2009 can even dress themselves in the morning without first getting instructions from Druggy Rush and Seany Hannity etc.
Posted by: Book'em Dano | August 24, 2009 10:24 PM
Investigating CIA interrogators is going to open up a big can of worms.
Posted by: Tech | August 24, 2009 11:16 PM
Book'em Dano--
Nice left wing spin job, but why won't obummer show the American people his long form birth certificate? Quit being a sheep...you drones are putting us to sleep with the same old "Druggy Rush" routine...infact, I think obummer (your failed president) wrote about taking illegal drugs himself...do you hear us calling him the "druggy prez?"
Get a life, get out of mommy's basement.
Paulo
Posted by: Paulo | August 25, 2009 12:10 AM
If anyone should be prosecuted, it's Eric Holder.
Posted by: Unemployment you can believe in | August 25, 2009 9:18 AM
The Obama Administration, aware that everyone outside of union bosses, and interest groups looking for billion-dollar ribeye steaks of taxpayer money, is having trouble remembering why they voted for Obama, has decided to drag CIA interrogators and Bush Administration officials into court, where they will be persecuted for their role in defending America from terrorist attacks. Apparently Obama and his accomplices decided to distract their liberal base from the fiery Hindenburg crash of socialized medicine, by offering them a relaxing cruise on the Titanic of leftist foreign policy. As with everything else the current Administration does, it’s a remarkably foolish move: dangerous for America, and self-destructive as a strategy.
I don’t have much patience or understanding for people who play games with national security for political benefit, so let me dismiss the political strategy of this outrage by saying it once again demonstrates the danger of believing your own political spin, and taking the lovestruck panting of a sycophantic media seriously. Real Americans are not anxious to punish the people who shut down al-Qaeda’s domestic operations. While liberals wave the Justice Department’s report on CIA interrogation techniques at the rest of the world and tearfully beg them for forgiveness, the rest of us are wondering why we don’t reduce the deficit by selling the rights to these interrogations on pay-per-view.
The contestants on your average Japanese game show go through more intense ordeals.
Obama should understand that he was elected in spite of his childish posturing as a messiah and redeemer, not because of them. A weary public allowed itself to be badgered into electing the first black president, after they ran out of patience waiting for John McCain to explain why they shouldn’t. Normal people don’t define their relationship with the government by taking pleasure in the humiliation of political figures they dislike. We’re six months past the point where American voters can be kept quiet by suffocating them with the pillow of Bush hatred. We’re about a month past the point where anyone capable of independent thought believes Obama is a better president than Bush was.
Political strategy aside, America needs to resolve its argument about the morality of self-defense, and quickly. It’s my contention that a peaceful democracy has a moral imperative to demonstrate ferocity in defense.
Because we are not an aggressive, conquering nation, we don’t seek to subjugate the world and eliminate opposition. This means we will always be playing defense.
One of the most dangerous delusions of the Left is the idea that we might be able to create a civilization that has no enemies. Civilization always has its enemies. Liberals should understand that, since they draw their own political strength from the unhappy remnant that always feels cheated by free-market capitalism, no matter how prosperous it might become. Even the most peaceful and compassionate nation will always be at risk from savages who wish to drown it in blood.
Anyone who has studied any form of self-defense knows the danger of hesitation. Effective defense requires swift and decisive action. When a fist is flying at your face, you don’t have time to flip through your mental catalog of Jet Li movies and pick a cool counter-move. Hesitation can defeat even superior strength and technical skill. The most powerful weapon in the world is useless as long as it remains in its holster… and it provides no deterrence value if your assailant knows it will remain there.
To suggest that enduring six months of Obama has made the CIA more hesitant to conduct effective intelligence operations is an understatement. Democrat political double-dealing is a crime that strikes at the heart of our venerated belief in civilian command of the military. We respect this arrangement, in part, because we believe it is proper for the civilian government to exhaust all peaceful, diplomatic avenues before we commit to war. You don’t send Marine recon units to conduct subtle diplomacy. The Bush Administration did its duty in this regard - for all the liberal caterwauling about “Bush’s rush to war,” it took a hell of a lot longer than Barack Obama’s rush to nationalize the health insurance industry and triple the deficit.
The other side of this arrangement must also be honored: we must allow the military to act with decisive speed, working within clearly defined rules of engagement. The military requires, and deserves, the assurance that they will not be used as political pawns by the civilian authorities. This is the duty a peaceful nation owes to the men and women who risk their lives, and make countless personal sacrifices, to ensure our safety. It is also logical, because the safety of American civilians, along with the hope for minimal collateral damage to foreign populations, depends on giving our defenders the confidence to take swift and decisive action. We know from experience that modern America does not have the political and cultural endurance to fight protracted wars - and, frankly, protracted wars stink. If war is forced upon us, it’s better for everyone involved if we make quick work of the enemy.
The Left has demonstrated a willing eagerness to sap American endurance in times of war, again and again. The antiwar movement is a fusion of many agendas, including domestic political hatred of the sitting President, and outright sympathy with the enemy. There is little that can be said to these elements of the Left… but to those who sincerely oppose extended military action on humanitarian grounds, I would say it is deeply immoral to apply political sanctions and legal penalties to the very people who have the best chance of ending a war quickly, or preventing enemy attacks from claiming innocent lives. Nothing will prompt a determined enemy to attack faster than the belief his target is paralyzed with uncertainty. Nothing will break the will of a terrorist organization faster than capturing or killing its command structure, and that requires timely intelligence.
There is exactly one way to obtain that intelligence, and you can read all about it, in the Justice Department report on CIA interrogations. The options to wish determined enemies away, hug them into submission, or instantly penetrate their command structure with double-oh super-spies are not on the table. The option of surrender is underneath the table, and a few hundred million patriotic Americans will stomp on your damned fingers, if you try reaching for it.
If a group of people took your family hostage, and one of their associates fell into your hands, you would do anything to extract the location of your family from him. So would Barack Obama, and Eric Holder, and every Democrat who ever sullied the halls of Congress by referring to American soldiers as Nazis. President Obama would not dither about the finer points of a criminal’s hypothetical “rights” while the man’s accomplices were taking power tools to Michelle and the kids. Anyone who would is a lunatic… and I don’t want to leave the security of our country in the hands of lunatics. The moral justification for relying on professional military and law-enforcement personnel is the understanding that their training will allow them to do all the terrible things we would do to protect our family, more dispassionately, carefully, and efficiently than we could.
Double-crossing them for political gain is using the families of other people as poker chips, in the smug certainty your own loved ones are in no immediate danger. If we don’t let the professionals do their jobs against a relentless enemy now, then one day, we will all be soldiers.
A few weeks ago, Eric Holder saw nothing wrong with Black Panthers using billy clubs to intimidate voters. Today, he thinks intimidating terrorists with cigars is a crime. Holder is the one who should be answering tough questions under oath.
Posted by: Chris | August 25, 2009 10:29 PM
Hey Chris, so you're saying qwe've been wrong all those years that we
condemnned other countries for their use of torture. I guess you think we owe the Soviet Union, Nazi Germany , Iraq, and Cuba a big apology since torture really IS acceptable. Will you be writing a letter to Senator McCain telling him that it was ok for the North Vietnamese to torture him in their efforts to protect their citizens against our bombing of their civilians? Are you in favor of the repeal of all domestic and international laws against torture? I'm sure you'd agree that the cops, should be able to coldy and clinically torture your children if they think the might know something about a crime, right? Hey, if some one elses life might be saved, torturing junior should be perfectly acceptable to you, right?
Posted by: Torture is wrong. Period. | August 26, 2009 10:23 AM
CIA USING THOSE IN UK MI6 to prevent accounjtability/ oversight.
evidence
Posted by: ghstdtnee | September 22, 2009 11:37 AM