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Ex-CIA Chiefs Seek Halt to Interrogations Probe
WASHINGTON - Seven former CIA directors asked President Barack Obama on Friday to quash a criminal probe of harsh interrogations of terror suspects during the Bush administration.
US Attorney General Eric Holder, seen here on August 20, 2009. Seven former CIA directors urged Obama to reverse Holder's Aug. 24 decision to reopen the investigation of interrogations following the Sept. 11, 2001, terrorist attacks.
(AFP/Getty Images/File/Win Mcnamee) The CIA directors, who served both Democratic and Republican presidents and include three who worked under President George W. Bush, made their request in a letter sent Friday to the White House.
Attorney General Eric Holder announced last month that he was appointing an independent counsel to investigate possible incidents of abuse by CIA personnel during interrogations that went beyond guidelines imposed by the Bush administration.
The incidents were referred by the CIA inspector general to the Justice Department during the Bush administration, but Justice officials at the time prosecuted only one case.
"If criminal investigations closed by career prosecutors during one administration can so easily be reopened at the direction of political appointees in the next, declinations of prosecution will be rendered meaningless," wrote the former directors.
The seven former CIA directors included Michael Hayden, Porter Goss and George Tenet, who served under Bush; John Deutch and James Woolsey, who worked for President Bill Clinton; William Webster, who served under President George H.W. Bush; and James Schlesinger, who ran the agency under President Richard Nixon. Tenet also served under Clinton.
They urged Obama to reverse Holder's Aug. 24 decision to reopen the investigation of interrogations following the Sept. 11, 2001, terrorist attacks.
The White House did not immediately respond to a request for comment.
CIA spokesman Paul Gimigliano said the agency is cooperating with the Justice Department review "in part to see that they move as expeditiously as possible."
"The director has stood up for those who followed legal guidance on interrogation, and he will continue to do so," said Gimigliano.
In their letter, the former directors warned that the investigations could discourage CIA officers from doing the kind of aggressive intelligence work needed to counter terrorism and may inhibit foreign governments from working with the United States.
"As a result of the zeal on the part of some to uncover every action taken in the post-9/11 period, many countries may decide that they can no longer safely share intelligence or cooperate with us on future counter-terrorist operations. They simply cannot rely on our promises of secrecy," the letter says.
The letter said the CIA referred fewer than 20 incidents to Bush administration prosecutors, including the case of CIA contractor David Passaro. Passaro was prosecuted, convicted and sentenced to eight years for beating an Afghan detainee in 2007. The detainee later died.
One former CIA official familiar with the cases now under review said that Bush-era Justice lawyers declined to prosecute either because they were not certain they could win conviction or because some of the CIA personnel involved had already been disciplined by the agency. The official spoke on condition of anonymity because of the sensitivity of the cases.
Though not a signatory to the letter, current CIA Director Leon Panetta also opposed Holder's investigation.
"I think the reason I felt the way I did is because I don't believe there's a basis there for any kind of additional action," Panetta said.
"My concern is ... that we don't get trapped by the past. My feeling is ultimately, we're going to be able to move on," he told reporters this week after a speech in Michigan.
53 Comments so far
Show All-"Seven former CIA directors asked President Barack Obama on Friday to quash a criminal probe of harsh interrogations of terror suspects during the Bush administration."
There goes the illusion of the independant justice department.
-"They urged Obama to reverse Holder's Aug. 24 decision to reopen the investigation of interrogations following the Sept. 11, 2001, terrorist attacks."
Surely the CIA directors know that it isn't Obama who ordered the laughably narrow focused preliminary inquiry into low level sadists who went beyond John Yoo's torture instruction manual? ;)
The former directors, are asking the politician Obama to reverse the head of the justice dept. Holder's decision, in order to, what? show that politics plays no part in prosecutorial decisions?
Whether Obama gives another blanket immunity to Bush and Co, or merely jails a few more bad apples, things don't look too rosy for the future of American justice.
So what these former Chief Spooks are saying is, American power must be free to commit crimes and atrocities without regard for petty legal and moral concerns.
That would be par for the course. Seems only fair....for an empire. This is why Bush and Cheney love America.
The Beast is named at davedubya.com
And prosecuting violent crimes is soooo, like, "dwelling in the past" it's time to move on!
I hope to see such a defense used in a first-degree murder trial sometime.
What these former Chief Spooks are saying is "We are guilty."
So lets see here: Obamas final score for this week:
1. Cancelled Bush's poland/Czech-based anti-Iran missle "defense" system: +1 ponts
2. But will simply replace it with equally expensive and threatening anti-missle ships permanently placd in the Meditarrenian and North Seas: -1 points
3. Denounced Carter's assessment that the shrill, mindless opposition to Obama is motovated by racism, instead saying they simply have ligitimate policy disagreements (kick ne again, please): -1 points
4. Denounced the UN report finding Isreal guilty of war crimed and possible crimed against humanity: -1 points
5. Before today is over, ordering Holder to halt all investigations into CIA malfesance, forever: -2 points
Net for the week: negative 4 points.
Have a nice weekend.
None of the crimes that the Bush administration conspired and colluded to commit upon foreign soil, against foreign nationals, resulting in their deaths, kidnapping, detention and or torture; have statute of limitations attached to them.
This will leave the matter for anyone in the future to pursue, and prosecute.
All of the people involved know this, and they either fool themselves while they fool a few others, or they are simply 'counting the days' to when the inevitable occurs.
It might be 'the one thing' to save the USA from the world who is steadily watching the USA become more loathsome. Everything would change if the USA had the integrity and courage to hand these many criminals over to the ICC. The USA has never shown the possession of that kind of integrity on anything but an individual bases; and those who do are seriously out numbered by the ones who do not.
But then, humanity needs many lessons and the negative lessons and examples are often productive in their own way. If humanity finally agrees upon how NOT to do things from the lessons of the USA, then the USA will have 'served at least some purpose'.
"If the USA were another nation the USA would invade the USA to keep the world safe; and they would be justified."
NativeSon (September 18th, 2009 5:39 pm) -- I asked about the statute of limitations question weeks ago in CD but never got an answer. You're the first person I've seen who's said it wouldn't bar prosecutions. But how do you know this? Does it apply to all the laws forbidding torturing detainees? Can you cite me to federal or other law?
manning120 There is no statute of limitations on murder, none, in any state or under Federal Law, US. US bases are US soil where many occurred. In the course of Torture.
And it is not a legal defense once you put your hands around someone's neck (waterboard them), that you did not mean to kill them when you squeezed. And the CIA "lost," many more than a few, Bagram, on ships, extracting data. Easy if Holder wanted to.
I think a quid pro quo exists, if Cheney is kept off the board, kept a non-factor, the investigation might lack impetus, Holder lack motivation-on the other hand,
If Dick shoots some more crank and gets on camera attacking BO, bet the investigation leaps ahead.
azjoe (September 18th, 2009 8:18 pm) -- Good point about limitations on murder. But the people who really should be prosecuted to accomplish the most good, Bush administration officials (including lawyers), didn't directly commit murder. Maybe it was a conspiracy that resulted in murder.
Did the CIA ex-chiefs include limitations when they said further prosecutions weren't "warranted"? I think they might have that in mind, but be reluctant to come out and say it because they would seem to favor letting the guilty go free on a technicality.
Limitations is a tricky subject. I suspect that limitations (or a similar defense about delay, such as laches or failure to provide a speedy trial) would be asserted, quietly in legal briefs (due to the technical nature of the defense), if prosecution for crimes with applicable limitations became a real possibility.
One more thing on limitations. The prosecutions of Eichmann and Pinochet (and many others) certainly imply limitations wouldn't be a problem. But anyone contemplating mounting a prosecution would be a fool not to thoroughly research the matter before committing to developing a case.
'manning 120'
You may have a point---but 'up' to a point.
It was the crimes of the Nazi and the Japanese, that initiated the Nuremberg I & II.
Nur. II was the second of the proceedings, and were held specifically for the 'legal Community' that had passed the laws and the lawyers who had argued the process.
I believe the same ting is occurring today in the USA---few if any Lawyers are demanding that the 'criminals' be prosecuted, at least publicly , most likely waiting to see 'which way the wind blows'. This is perfectly understandable since for most people when they receive that 'license to practice law'---loose much of what would be considered by most 'the decent aspect of humanity'.
It may eventually evolve into another 'establishment of precedent' to bring the criminals who were in control of the USA for the eight years that made so many around the world realize just how lawless and dangerous the USA is.
When I mention how lawless the USA is to most Americans they do not understand in the least since most of them are under the misconceptions that were taught them early in their 'indoctrination'. Most Americans are fed a steady ration of 'propaganda' that props up the imagery of the 'land of the free and the home of the brave', but when you (I) quote their own history, they seem to still deny the facts in favor of the 'fiction'.
That trait will someday cost them their country, their 'freedom' and most likley that of their descendants, if they live through the 'fall'.
The world, cannot possibly tolerate the USA much longer and most americans are not prepared to even consider what they would need to do to survive what they bring upon themselves. Currently the USA has millions of people who are of the same lawless mind set that motivated the Bush administration and so many others to commit crimes that they condemn in others. When those people get to the point that they think that they 'must act' or they are some of the mindless fools who think that Jesus is coming back---'any day now'; the USA will be a war zone the likes of which the world has never experienced.
"If the USA were another nation the USA would invade the USA to keep the world safe; and they would be justified."
'mannig 120'
Try the Nuremberg Tribunals/Accords I and II---
Try "Pinochet" and the Spanish Courts in conjunction with the International Criminal Courts. Pinochet made some very ill informed decisions based upon legal information he obtained much the same way the Bush admin did; he found out later that he had 'miscalculated'----
The irony is that the crimes that Pinochet was charged with were committed when the Argentine Government was receiving aid from the USA----Pinochet was a US puppet.
No state laws would apply except for 'conspiracy' since the crimes were from the beginning conspired to in Washington D.C.---with the intent that they be committed in the territory of other country's jurisdiction. But in most states, conspiracy especially for capital crimes ,kidnapping being one of them---'extinguishes' or often 'extends' the 'Statute of Limitations'. A recent case in California, where a very sick couple kidnapped a girl, kept her alive and in their custody for 19 years, is a very good example.
In addition to that the 'victims' national jurisdiction would have precedence as was the case with Pinochet----
The Wars the Bush admin started are all illegal wars of aggression, and the 'prisoners' they have taken to Gitmo and other sites, have all been 'kidnapped'; even if the were 'surrendered' as many of the claims are.
The USA has acted with duplicity and hypocrisy for so long many people believe that the USA can continue to do whatever they wish. Mr. Bush and Cheney and many others may soon find out that they are wrong; and the USA may find out the hard way that they cannot stand against the world.
"If the USA were another nation the USA would invade the USA to keep the world safe;and they would be justified."
Hey America, the world is watching you very closely; you already scare them---pushing it too far may be your undoing.
NativeSon (September 18th, 2009 9:01 pm) -- Thanks for the tip. I couldn't find the exact subject "Nuremberg Tribunals/Accords I and II" or anything like it in Wikipedia, but there's an article on the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity. This was adopted in 1968 and "came into force" after ten ratifications in 1970. Wikipedia says by July 2007, 51 member states signed on, but doesn't say whether that includes the U.S.
The convention provides that no signatory state may apply statutory limitations to:
"* War crimes as they are defined in the Charter of the Nürnberg International Military Tribunal of 8 August 1945.
"* Crimes against humanity, whether committed in time of war or in time of peace, as defined in the Charter of the Nürnberg International Military Tribunal, eviction by armed attack or occupation, inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide."
Does that cover the anti-torture laws?
What about the (U.S.) federal provisions -- are there limitation periods applicable to them?
State laws may not apply to the EIT program, but can we really say no state prosecutors can act to enforce the anti-torture laws because the torture occurred outside the states?
In case you missed it, check out http://en.wikipedia.org/wiki/Torture_and_the_United_States. I think some of my questions are answered there . . .
Sure, let's let the terrorist organization also known as the CIA police themselves as they commit murder, torture, and play other fun games across the planet. And their history is so squeaky clean, why not? I'm sure Obama in the Big House will agree.
CIA’s Greatest Hits (1947-)
National Security Act 1947 NSC
John Foster Dulles and his dungeon
China and Chaing Kai-shek ’49
Greece KYP
Philippines HUKS Marcos
SOUTH KOREA
Albania
OPERATION MOCKINGBIRD ’49
East Germany
Iran: MOSSADEGH ’53 Shah SAVAK
GUATEMALA--ARBENZ
Eisenhower Doctrine ‘58
Nasser
Indonesia Sukarno…
British Guyana Cheddi Jagan
VIETNAM HO CHI MINH ⎯ Khmer Rouge Pol Pot
BRAZIL Joao Goulart
Dominican Republic Trujillo
Juan Bosch
Bay of Pigs Cuba CASTRO
Indonesia Suharto ’65…
OPERATION PHOENIX
CREEP Watergate
Mullen Company
‘73 Chili Allende
OPERATION CHAOS
Domestic Surveillance - FBI/COINTELPRO
East Timor/Kissinger⎯Suharto ’75 ANGOLA
KISSINGER CHURCH COMMITTEE ’78
EL SALVADOR Nicaragua ARCHBISHOP OSCAR ROMERO
‘80 Reagan SOMOZA Sandinistas > Freedom Fighters
SCHOOL OF THE AMERICAS
IRAN/CONTRA ‘81
GRENEDA/BISHOP
Libya Muammar el-Qaddafi
Panama NORIEGA BUSH ‘89
GULF WAR IRAQ 1 BUSH 1 HUSSEIN
Haiti Aristide
YUGOSLAVIA ’99 IRAQ BUSH ‘03 IRAN
CHAVEZ MORALES
And the hits just keep coming...
You left out JFK in the USA --Dallas 11/22/63--by the way where was G.H. Bush that day????
No doubt - did you read "Legacy of Secrecy" (Waldron & Thom Hartmann)? Outstanding and exhaustive look at Kennedy's murder.
G.H Bush was CIA station chief in Dallas at that time....
Walk in peace.
Here is where he was:
http://tomflocco.com/fs/FbiMemoPhotoLinkBushJfk.htm
Want more on what "they" have been doing to us? Here --> http://www.sonic.net/~taryfast/destruction.html
0necaptjim,
The official story or what can be traced from Barbara's "letter to friends" He was reporting a phony assassin to the FBI by phone and after that plane hopping from Tyler to Ft Worth and Dallas, to Houston. Of course Barbara does not mention the call to the FBI.
What I saw later is not the official story. He got on the 2nd shadow Hollywood Hootenanny tour bus that I was earlier forced onto near Huntsville and Houston. Passengers were ordered to pull down the bus window shades at an airport and not look outside. More strangers got on and someone said we are at an airport and later someone said "the Corsican brothers are here". At one point was Hoover and agents in suits and some plain clothes military types. David Ferrie who asked me why British Intelligence was asking questions about me, pointed to Bush when he got on and asked me if I knew him... also on the bus were 2 Uniformed cops from Dallas and the 2nd Oswald was in custody, tears in his eyes, who I believe was shot later that night after the Officials left the meeting on the bus. I investigated this after I later read in the 60s in an underground NY paper that a second person was arrested at the Texas Theater... so I asked Butch Burrows, the usher at the Theater, in 93 and he said he saw cops take a taller looking Oswald out the side door as they were taking Lee out the front.
Butch showed me the side door and said he could see from the lobby that Lee Oswald arrived at the theater being driven in a Volkswagon.
The FBI ran the investigation so the story you all know about is woven to make you think there was only one Oswald and one shooter. If this was not covered-up, we would have a different world today.
That's who Holder is dealing with. We should explain how the CIA is throwing its weight around in this country.
Joe
All seven of the lordly protectors are on their knees giving blow jobs,because they know it was war crimes and war criminals have been and should be tried and hung before another repug is selected to office.
It just goes to show what kind of cowards these people are, cowards right down to the yellow streaks. The biggest coward has been revealed to be OBAMA the COWARD. He had the power to right all these WAR CRIMES, to restore the constitution and return the country to the rule of law! He however stayed the course and not only did not do his job, but increased some of the WAR CRIMES activity. His list is just a continuation of the CHENEY crimes list including the use of BLACKWATER. He needs to be removed from office as indeed do all of those occupying any elected or military office. They need to be arrested and tried for these crimes against humanity!!
Obama, a black man, a US Senator, with a lovely wife and two lovely children, has demonstrated great courage to run for the presidency of this deeply violent and racist nation. He is articulate and a source of inspiration to all people of color and most children of ordinary circumstances. By just taking the job he has accomplished much. Who else would do more? Would Hillary disavow the NAFTA and other Clinton betrayals of working Americans? Or would McCain/Palin? McCain is a loose cannon and might have dropped dead any day leaving America in the hands of Palin and her version of God.
The reforms that are expected of Obama, a democratic president inheriting the mess created by presidents since Jimmy Carter are beyond almost any ordinary person. Maybe an LBJ could arm twist congress into correcting some of the issues, but even he led or was led by the war mongering oligarchy.
The senior officers of the military who had a problem with the Bush/Cheney torture program and their wars for oil and gas conquest have resigned or been fired. Many of the officer corp have been trained through the increasingly religiously fundamentalist military academies. The CIA/Blackwater and Bush/Cheney cabal have a military capacity that is not bound by law and can be funded by the hundreds of billions of dollars that have been loosed in their direction.
The media are all over democratic presidents like fleas on a dog and yet they ignored the repeated failures and deception of the Bush administration. Anything Obama might try that would threaten the monetary fleecing of America would be resisted by people who are willing to kill hundreds of thousands of people to get their way and protect their enormous monetary gains.
The oligarchy's power over American politics depends on buying politicians, controlling public opinion through totally owned media and fear. Obama is getting a lot of threats every day, can he be sure that there are not a few racist right wing operatives within the secret service who would be glad to let a nut case through to attack him? Rogue agents standing aside and taking a hit for being slow or incompetent is a lot safer that taking action. Security personnel have to presume there are rogue agents who want the president dead, hopefully they are not the top agents.
Congress could have impeached Bush/Cheney, congress could impeach Holder for not appointing a special prosecutor to deal with torture from the top down, instead of from the bottom up as was done with Private Lynndee England.
In my book the top political people should be prosecuted, those who carried out their orders should be reprimanded. Prosecution of top people should send a pretty clear message to the cia and the troops.
A number of senior members of congress were complicit or accomplices in the crimes of the Bush administration, so no real return to rule of law can be expected from them. They would prefer to keep Obama weak or weaker.
There is hope at the congressional district level, that outraged voters can hold their representatives accountable and get results from them or replace them.
Obama has not the political strength to be a dictator and I doubt we would want him to be. The solution to restoring and saving America is with us in our home districts.
Elmwood, it almost looked like he was set up. Seduced into presidency and power and then cut off at the knees on day one with a video or recording that owned him-and was owned by his new masters. That might explain every single promise broken, a perfect 180 executed.
No matter, good comes.
The CIA is a criminal terrorist organization, and ironically, an officially sanctioned conspiracy-design organization to overthrow governments as need be, to make the world safe for American capital. If they don't use direct violence, they will use 'Economic Hitmen', with their victims knowing full well that the stick is still in hand.
They should be grateful that Holder is only going after the low hanging fruit, and not those that designed the policies (Bush, Rumsfeld, Cheney, Yoo, etc). But obviously, to these people, any suggestion that their foot soldiers should be held accountable is beyond the pale.
Also these "loose ends as they call them could lead upward to some of these principals. I have a suspicion about Tenet being complicit in the cooking of the unintelligence-- that led us into the Iraq war crimes and who knows what.
If the Justice Department announced it was commencing an investigation into possible criminal wrongdoing by you, me, any ordinary citizen, or even by a high profile current or former federal employee suspected of abusing their official authority, would it be okay to muster up a letter writing campaign of DC beltway political heavyweights to publicly urge the President of the United States to directly intervene and yank short the chain of the Attorney General?
Man, when our spooks decide to wade into the waters of partisan politics, they certainly have no qualms about jumping in with both feet. If there were ever any doubt, this proves Hayden, Goss, Tenet, and Woolsey especially have always been political hack opportunists first and foremost, masquerading as national intelligence professionals.
For me, this brazen, orchestrated effort to subvert the routine operation of the federal criminal justice system is the real news story here - something that the Associated Press seems completely oblivious to. In our constitutional scheme of things, there's a proper time and place for such appeals to the White House. It's at the end of the process, if and only if a presidential pardon or commutation of sentence is being sought.
Apples and Oranges Department: Our seven retired Spook Directors ominously warn "many countries may decide that they can no longer safely share intelligence or cooperate with us on counter terrorist operations. They simply cannot rely on our promises of secrecy....." unless the DOJ probe of CIA interrogation excesses in the wake of 9/11 gets nipped in the bud and quashed.
Oh really?
Did the Mossad, the Pakistani ISI, the Brits, the Saudis, or other foreign intelligence services have a piece of the wet work action inside Gitmo, Bagram, Abu Ghraib, or other US military/black site interrogation facilities when the Bushies' secretly approved "enhanced techniques" were being used (perhaps overzealously) by Uncle Sam's CIA operatives?
If that were true, it would be newsworthy. But such foreign involvement also would be something highly classified, which could easily be kept secret and with held from the public domain while criminal prosecutions went forward, just as effectively as all the input from foreign intelligence services shared with the Bush/Cheney national security team in the weeks and months immediately preceding the 9/11 attack has been kept scrupulously hidden from the media, Congress, and from the 9/11 Commission itself for the last eight years.
In short, our retired black ops boy poobahs protest more than a bit too much, and for bogus, thinly disguised, self-serving reasons to boot. Let us hope Attorney General Holder stays the course, and President Barack Obama steers clear of the political trap being set. Time to hunker down for a nasty weekend news cycle.
The Commander in Chief never can, and never should, try to tell the head of the Justice Department how to exercise his or her prosecutorial charging discretion under the federal Criminal Code.
Once you open up that can of snakes, the rule of law gets poisoned forever.
Bill from Saginaw
You are right on again Bill--Great insight!
Bill from Saginaw (September 18th, 2009 6:54 pm) -- good comment. I do think we should remember that Holder is no model of prosecutorial diligence. His proposed investigation only goes for what someone else just called the low hanging fruit; I would call them, the little hanging fruit. The real culprits, who started the whole thing by blatantly disregarding clear U.S. and international laws banning torture of detainees, aren't even being considered by Holder.
This outcry by former CIA chiefs really is a smokescreen designed to make it seem like Holder is going too far, when in actuality, he's not even taking a baby step.
No one has yet answered my question, pending in these threads for weeks, as to whether there's some reason no one other than Holder or some special prosecutor he appoints can prosecute under the anti-torture laws. There are thousands of people in state and federal prosecutor offices, thousands of law enforcement personnell, untold numbers of state and federal grand juries -- and none of them can enforce laws as important as those forbidding the U.S.A. from committing torture?
I have not been hesitant to criticize Obama for his faint-hearted efforts and steps in the wrong direction. He has aligned himself with the wrong people.
But in all fairness, would you ever want to step on the toes of ...
"Michael Hayden, Porter Goss and George Tenet, who served under Bush; John Deutch and James Woolsey, who worked for President Bill Clinton; William Webster, who served under President George H.W. Bush; and James Schlesinger, who ran the agency under President Richard Nixon. Tenet also served under Clinton."
This is what two black men, Obama and Holder, are up against. Even the very limited investigation planned by Holder has united all the heavy hitters in the CIA against him and Obama. Of what significance is it that H and O are black? It still makes a lot of difference to the white Machiavellians and their wingnut minions - it is easier to inflame their type against the darker brother.
I pray that Obama and Holder do the right thing and I pray that they remain safe. We should support them vigorously when they contend against such as the CIA.
Joe
The kind of "aggressive intelligence work" that includes torture certainly should be discouraged. We shouldn't expect other countries to keep secret the fact that we are engaging in torture. Failure to prosecute those who have pushed to make torture possible would be un-American.
Laissez les bons temps roulez - maybe some heads, too.
Yeah, we knew what the CIA chiefs' opinions would be.
I wonder if Jimmy Hoffa and the dons of the Five Families ever wrote this kind of letter to Bobby Kennedy when he was Attorney General?
Or sent a telegram: PLEASE STOP POKING NOSE INTO OUR AFFAIRS. BAD FOR NOSE. BAD FOR BUSINESS.
· Yr Obd't Servant
The CIA is only asking a former asset to politely screw off.
Obama worked for Business International, a known CIA front group. Therefore he is part of the Company. He is the ultimate asset, a CIA drone sitting in the President's chair.
Now we know why nothing is being done to address or redress the crimes of the Bush/Cheney junta.
Walk in peace.
The reason Obama/Holder will not prosecute is because no president is going to indict another [former] president and vice president for war crimes/crimes against humanity, for the same reason Gore did not call for nationwide strikes, etc. in 2000 when the Supreme Court stole the election for Bush: Gore was told to let it go for the efficacy of the political system. Go along to get along.
If Obama and Holder wish to have any future in politics or the gov't, and expect any help at all from the likes of the DLC or top insiders, they know they can't push too hard to expose the inherent corruption of either party. As much as they may "fight" between themselves (a ruse in itself), both D's and R's will band together for self-preservation when they feel it necessary.
I'm submitting the text of the letter in several parts to comply with the 1,000 word limit. My comments are in brackets.
September 18, 2009
The President
The White House
Washington, D.C.
Dear Mr. President:
We have served as Directors of Central Intelligence or Directors of the CIA for Presidents reaching back over 35 years. We respectfully urge you to exercise your authority to reverse Attorney General Holder's August 24 decision to re-open the criminal investigation of CIA interrogations that took place following the attacks of September 11.
Our reasons for making this recommendation are as follows.
The post-September 11 interrogations for which the Attorney General is opening an inquiry were investigated four years ago by career prosecutors. The CIA, at its own initiative, forwarded fewer than 20 instances where Agency officers appeared to have acted beyond their existing legal authorities. [WOULD IT BE EXPECTED THAT THE CIA WOULD FORWARD A LOT OF CASES INVOLVING ITS OWN PEOPLE? AND WHAT ABOUT ADMINISTRATION OFFICIALS WHO WEREN'T IN THE CIA?] Career prosecutors under the supervision of the US Attorney for the Eastern District of Virginia determined that one prosecution (of a CIA contractor) was warranted. A conviction was later obtained. They determined that prosecutions were not warranted in the other cases. [WHY WERE THE OTHER 19 NOT WARRANTED? WHAT ABOUT CASES INVOLVING NON-CIA OFFICIALS?] IIn a number of these cases the CIA subsequently took administrative disciplinary steps against the individuals involved. [WHAT ADMINISTRATIVE STEPS ADEQUATELY ADDRESS TORTURING DETAINEES IN VIOLATION OF FEDERAL AND INTERNATIONAL LAW? WHAT ADMINISTRATIVE STEPS WERE TAKEN AGAINST NON-CIA PERSONNEL?] Attorney General Holder's decision to re-open the criminal investigation creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute. [CRIMINALS SHOULD FACE AN ATMOSPHERE OF CONTINUOUS JEOPARDY.] Moreover, there is no reason to expect that the re-opened criminal investigation will remain narrowly focused. [WHY SHOULD IT REMAIN NARROWLY FOCUSED? THE CURRENT FOCUS WILL MISS THE MOST GUILTY WRONGDOERS – THOSE WHO AUTHORIZED VIOLATING THE VITAL LAWS AGAINST TORTURE.]
If criminal investigations closed by career prosecutors during one administration can so easily be reopened at the direction of political appointees in the next, declinations of prosecution will be rendered meaningless. [IF PROSECUTORS WILLING TO DO THEIR JOBS CAN'T DO IT BECAUSE PREDECESSORS DIDN'T, CRIMINAL LAWS WILL BE RENDERED MEANINGLESS.] Those men and women who undertake difficult intelligence assignments in the aftermath of an attack such as September 11 must believe there is permanence in the legal rules that govern their actions. [THEY MUST BELIEVE THEY SHOULD OBEY FEDERAL AND INTERNATIONAL LAW. AND WHAT ABOUT THE BUSH OFFICIALS WHO COUNSELED DISOBEYING THE LAW, INSTEAD OF UNDERTAKING INTELLIGENCE ASSIGNMENTS?] They must be free, as the Chairman of the Senate Homeland Security Committee, Senator Lieberman, has put it: "to do their dangerous and critical jobs without worrying that years from now a future Attorney General will authorize a criminal investigation of them for behavior that a previous Attorney General concluded was authorized and legal." [IN OTHER WORDS, IF YOU GET BY WEAK-KNEED PROSECUTOR, YOU'RE HOME FREE.] Similar deference needs to be shown to fact-based decisions made by career prosecutors years ago.
[CONTINUATION]
Not only will some members of the intelligence community be subjected to costly financial and other burdens from what amounts to endless criminal investigations, but this approach will seriously damage the willingness of many other intelligence officers to take risks to protect the country. [IF THEY THOUGHT TORTURING SOMEONE WAS NECESSARY AND REASONABLE, THEY WOULD TAKE THE RISK OF VIOLATING THE ANTI-TORTURE LAW TO GET THE INFORMATION. MOREOVER, AFTER BUSH STOPPED THE EIC PROGRAM, WHY SHOULD ANYONE BELIEVE ANY MORE THAT TORTURE WORKS?] In our judgment such risk-taking [THAT IS, FREEDOM TO VIOLATE FEDERAL AND INTERNATIONAL LAW] is vital to success in the long and difficult fight against the terrorists who continue to threaten us. [AND CAN EASILY JUSTIFY THREATENING US WITH TORTURE IF THEY CAPTURE OUR PEOPLE.]
Success in intelligence often depends on surprise and deception and on creating uncertainty in the mind of an enemy. As President you have the authority to make decisions restricting substantive interrogation or any other intelligence collection method, based on legal analyses and policy recommendations. But, the administration must be mindful that public disclosure about past intelligence operations can only help Al Qaeda elude US intelligence and plan future operations. [SO THE LAW CAN JUST BE DISREGARDED BECAUSE AL QAEDA MIGHT GET AN ADVANTAGE? HAS THAT BEEN PROVEN?] Disclosures about CIA collection operations have and will continue to make it harder for intelligence officers to maintain the momentum of operations [THAT IS, TORTURE -- EVEN AFTER BUSH ENDED THE PRACTICE IN 2003?] that have saved lives and helped protect America from further attacks.
Finally, another certain result of these reopened investigations is the serious damage done to our intelligence community's ability to obtain the cooperation of foreign intelligence agencies. [THAT IS, CO-CONSPIRATORS IN VIOLATING ANTI-TORTURE LAWS.] Foreign services are already greatly concerned about the United States' inability to maintain any secrets. [PROSECUTIONS FOR TORTURE WON'T REVEAL ANY SECRETS THAT SHOULDN'T BE REVEALED, TO SHOW THE U.S. IS NOW COMMITTED TO CONFORMING TO THE ANTI-TORTURE LAWS.] They rightly fear that, through these additional investigations and the court proceedings that could follow, terrorists may learn how other countries came to our assistance in a time of peril. [BY TORTURING PEOPLE? WHY SHOULDN'T CRIMINALS WHO DID THAT BE EXPOSED INTERNATIONALLY? AND WHAT DOES THIS HAVE TO DO WITH U.S. OFFICIALS WHO INSTITUTED THE EIC PROGRAM?] The United States promised these foreign countries that their cooperation would never be disclosed. [A PROMISE TO COMMIT OR CONCEAL A CRIME CANNOT BE ENFORCED IN LAW.] As a result of the zeal on the part of some to uncover every action taken in the post-9/11 period, many countries may decide that they can no longer safely share intelligence or cooperate with us on future counter-terrorist operations. They simply cannot rely on our promises of secrecy. [AT PRESENT THEY CONSIDER US WAR CRIMINALS OR WORSE; ENFORCING THE LAW WILL HELP TO CHANGE THAT.]
We support your stated commitment, Mr. President, to look to the future regarding these important issues. [THAT IS, TO LET THE CRIMINALS GO FREE.] In our judgment the only way that is possible is if the criminal investigation of these interrogations that Attorney General Holder has re-opened is now re-closed.
Sincerely,
Michael Hayden
Porter Goss
George Tenet
John Deutch
R. James Woolsey
William Webster
James R. Schlesinger
For those of you who got this far, I accidentally called enhanced interrogation techniques "EIC" instead of "EIT." I'm afraid if I edit now, things will be out of order.
It's way overdue for us here in the U.S. of Power and Greed to recognize the power and greed grab that Pres. Eisenhower warned us about in his last public radio/television address, made when he was about to leave office. C.I.A. is the enforcement arm of the military/industrial/corporate takeover, and takes an active part not only "terrorist torture", but also in the brutalization(a.k.a. torture) of peaceful peace demonstrators in the nation's many 'fusion' centers. Gooogle csaction.org and look at the Colorado Springs 2007 St. Patrick's Day Parade - police brutality.
This torturous brutalization was preceeded by teargassing of peaceful people of peace prior to our entry into the war in Iraq - the only other city in the world to so teargas was Athens, Greece. And then, in 2008, more spook directed quashing of civil rights at the Colorado State Dem. Convention in Colorado Springs, and at the Dem. National Convention in Denver.
Not only do we need a "Truth Commission" and DOJ investigation of CIA tactics and behavior outside the country, we need an extended investigation of their internal direction of local authorities in fusion and super fusion centers nationwide. It's hard to leave La La Land behind, and recognize that democracy is in the toilet, but recognition is the first step in all the incredibly difficult work we have to do to UNDO THE COUP!
Obama, why don't you have all federal cases in the country dropped? Didn't you say that wanted to look forward and not waste time looking into past potential crimes by the Bush administration. Or is immunity just for Bush related offenses?
Jason Grant Garza here ... ah, the audacity of false hope, justice for all, and humanity. The offical stated in the article "If criminal investigations closed by career prosecutors during one administration can so easily be reopened at the direction of political appointees in the next, declinations of prosecution will be rendered meaningless," wrote the former directors. This is an interesting concept ... misdirection ... if there is NOTHING TO FEAR AND NO WRONGDOING ... why NOT open/reopen (whatever) an investigation? Why, I can tell you why not and why they wish not to ... Guilt. Type my name into a google search engine and read now SFGH and Medicare broke the law against me. My case is the example. It was thrown out of federal court by the city claiming to have followed the law, Medicare told me I was wrong. Years later thru the Office of Inspector General (Donald White 202-619-0088)the case was reopened/examined and the city signed a "confession" admitting fault and guilt. NO ONE is looking into the federal court malfeasance, I dropped my Medicare for nonperformance and negligence and when I push and ask for the agencies to be investigated (DPH,MEDICARE, CCSF,L/C, etc) I am told the case is closed. Why? THEY broke their social contract of civility and humanity; however, what is worse is the failure to investigate, correct and hold accountable ... why, they work for the government and city (sound familar?) yet they go unpuninshed and in their "risk management" mind ... how many go the distance like I did? So here I sit dead right, left for dead and will never get what I paid in for (taxes) since they will never be accountable with contrition, remedy, or humanity while telling everyone they care ... but DON'T LOOK HERE! I know what it is like to have my DUE PROCESS and all rights (Human, inalienable,legal, civil, etc) VIOLATED by those in charge (ask yourself why sign a confession if you didn't LIE in court?). Yet the game continues, prisoners die, the Guantanamo tortured more, and those in charge (stating don't look over here.) Go ahead ... torture doesn't only happen in Guantanamo ...
peacekeepertwo I think is Fair to say American's can finally handle the Truth.I am a Liberal I voted for Obama. What I thought Was voting for,was a man who would follow the truth where ever it leads.So lets have it. Conservatives have A point when they say you Can't Trust government. Both parties have signed onto legislation that was passed into law,with out anyone fully understanding what the results would be. Why do the Laws need to be so complicated?400 Pages,or even 200 pages is not the way to be honest with the people who Elected You. Wouldn't it Just be Great if congress could come up with a Bill that Eliminate All the law passed since 1980, and we could create new ones that would Allow the poor, not only in the US, but rest of the world to survive?
There'll be no Nuremberg until the final defeat of fascism.
Jim Shea
Obama's excuse is beyond ridiculous. Crimes can only be committed in the past. The future hasn't happened yet. (DUH!) ALL prosecutions and investigations into crime are about what has happened in the past. If we are to forget the past, we will have NO prosecution of crime of any kind. Has anyone ever been convicted of a crime that didn't take place? Even conspiracy is in some cases a crime that has already been committed.
Did the Republicans forget the past when they impeached Clinton? Were Clinton's alleged crimes as significant to the nation as the alleged crimes of the Bush administration? The answer is obvious.
If you live by the "whips and chains of far right/loony right tyranny and gansterism," you die by it like the low life dog Lee Marvin would have said you are were he alive today. Perversion of the body politic eats away at the soul of whatever worthwhile ideals and values the USA still has no thanks to its power elites.
AD
Justice?...We don't need no stinking justice!" - the CIA Seven
"The only means of strengthening one's intellect is to make up one's mind about nothing, to let the mind be a thoroughfare for all thoughts." - John Keats
"As a result of the zeal on the part of some to uncover every action taken in the post-9/11 period, many countries may decide that they can no longer safely share intelligence or cooperate with us on future counter-terrorist operations. They simply cannot rely on our promises of secrecy,"
Isn’t it great, MI5 and the government used the same pathetic excuse to break the law in the UK.
UN High Commissioner for Human Rights Navi Pillay, 67, a Tamil from South Africa.
"Whenever people come under the jurisdiction of the United States, the United States has to be seen to be upholding the very high standards that they claim for their own citizens,"
"Any torture or death inflicted on suspects held by U.S. authorities in places including Bagram detention centre in Afghanistan should be part of this investigation."
Asked by Reuters whether it should go beyond establishing the criminal liability of CIA interrogators, Pillay replied: "That is international law on accountability — that you do not stop at the foot soldiers, you go right up to the ultimate authority that is legally responsible."
"And these would include those who devised the policy, those who ordered it."
CIA Director Panerra fears we'll be trapped by the past if the Justice Department investigates post-9/11 CIA torturings? Doesn't he have it backwards? Not prosecuting is what'll trap us in the past, in that torture will have been established as non-punishable, whereas, if the justice department goes after these CIA torturers, that'll serve as a deterrent to future torturing. As for other nations deciding not to cooperate with the CIA's torturing of prisoners? Now wouldn't that be nice?