oleeb's picture

    When Presidents Obstruct Justice They Disgrace Us All

    President Obama's morally indefensible decision to block investigations and prosecutions of those in the American government who planned and carried out torture both at home and abroad is a clear and disgraceful obstruction of justice.  When Republicans obstruct justice, Democrats are quick to criticize and rightfully so.  But legitimate criticism of obstruction of justice is based on opposition to shielding criminal actions and illegality, not because a Republican did it.  There is no excuse for allowing barbaric criminal acts to go unpunished no matter who committed them.

    Let's be clear.  The torture planned and carried out by the United States was illegal, aka a crime.  The investigation and potential prosecution of these crimes is a criminal and legal matter.  It is not a political matter and should not be treated as such.  The President makes a grave moral error by playing political games with such serious criminal activity.  War crimes are not political.  They shock the conscience of humanity because of their brutality and barbarism.  If these crimes are not heinous enough for the President to allow the law to be carried out and all the perpetrators from top to bottom made to answer for their crimes and complicity then what would it take for a crime to be heinous enough or so unspeakable that he would no longer be willing to obsruct justice in an effort to protect the criminals?

    Prof. Jonathan Turley makes the case against Obama's obstruction very well on his blog:

    "Former Bush officials, the Red Cross, the vast majority of legal experts, and numerous NGOs have confirmed these interrogations as premeditated torture. Obama and Holder have both declared waterboarding to be torture. The failure to simply appoint an independent investigator and allow the law to be enforced without concern for politics or passions. It is obvious that Obama does not want to allow an investigation that would likely lead to an indictment of Bush officials and probably Bush himself. If Obama wants to excuse war crimes, he can take the personal responsibility and pardon Bush and these officials -- tying his own legacy to the commission of torture. However, his blocking of an investigation is an international outrage and puts us into the same category as countries like Serbia. Obama has the authority to pardon crimes, not obstruct efforts to investigate crimes for political purposes. This may not be politically advantageous for Obama, but these treaties do not exist for his comfort or advantage. We made a pledge to the world that we would aggressively pursue any war criminals -- even if they happened to be made in the America."

    President Obama garnered the support and votes of millions of people because he said he would be different.  He pointedly marketed himself as not being tainted by a lifetime in Washington.  Well some people are quick learners as it appears our President is when it comes to turning a blind eye to war crimes.  By failing to do his duty and by obstructing the legal process he is obligated to carry forward, the President disgraces not only himself, but all Americans.

    Regardless of party, any President who knowingly and willingly obstructs investigation into crimes that he and everyone on earth knows have occured and which we are by our own laws and by international law are obligated to investigate, is committing a crime himself.  If we are a nation of laws and not of men then now is the time to prove it.  the President needs to change course on this matter, but if he doesn't we, as citizens need to do whatever we can to force him to do the right thing.  Those who do nothing contribute to this evil through our indifference.  No political rationale, no excuses, no fantasy about a secret strategy to do the right thing in the end excuses the President's or the Attorney General's immoral conduct as it relates to the war crimes we know were committed during the previous administration.

    Remember, silence is consent.

    Comments

    It is political in a different sense. So many of the Obama worshipers believe in postpartisanship. They extol Obama for being pragmatic and non-ideological.

    Ideology matters. The rule of law is founded on an ideological belief system. If you don't believe in anything, if you are totally pragmatic, you are totally expedient. Your immediate end justifies any means. I can't think of a better example of how this plays out than in torture. You must believe in something larger and longer than your immediate end in order to understand why torture is self-defeating.



    If you could only prosecute one group of individuals, which group would it be? Those who carried out the torture, or those who manufactured the supposed legal basis for it?


    Obama seems to be intimidated by both.


    If I had to choose, I choose the architects, the lawyers and psychologists, and those who authorized it, bush and cheney, and the principals, who saw videos and authorized techniques for certain people (condi rice, rumsfeld, people like that)

    I myself would focus on those above. At the same time I would debrief all of those who lower level people - many of whom may now be on disability.


    Apparently Rahm said today that nobody is going to be held accountable for anything.

    Of course what that does is undermine every public servant at a lower level who would like to do the right thing and who might have the courage to do the right thing inspite of orders from their superiors because now all of these public servants in the government and in the military know that the one thing that is never going to happen come Democrat, come Republican, is accountability at the top.

    Now the underlings know that they better do what they're told and shut up. It's the Good German model of government ratified and affirmed by Rahm today on behalf of the Obama administration.


    I think what this 'movement' to hold the government accountable is a charismatic leader. We thought for a while that Obama was that person, but he has shown his stripe and it is yellow.


    Oops left out 'needs' after 'movement'.


    Pet peeve: Apostrophes are for possessives and contractions, not plurals. Particularly not for plurals in headlines.


    We have to appeal to Congress and every power abroad to bring pressure to bear!


    I would definitely choose the higher ups. Only when they pay the price will there be any deterrent for future tyrants.

    Having said that, this is not a choice that the law provides for us. The law requires all instances be investigated and where appropriate prosecuted and it does not give anyone involved no matter how high or low, a pass.


    I was in a rush and made an error. Shit happens. C'est la vie. I think you might have understood anyway. I hope you feel appropriately smug and superior after making your point.


    I wouldn't look to Rahm Emmanuel for ethical leadership standards or for any sort of arbiter of moral conduct.


    Ok, now I'm ready to go on the warpath:

    http://www.youtube.com/watch?v=3cvp-7YOtRI&feature=player_embedded

    If this is Obama's position, and it's not changing, then the bottom-line issue for me, the Rule of Law, has been betrayed.

    Time of reflection? I've had 8 years to reflect!

    I'm ready to roll! This is not retribution. It's Justice before the law.


    It's easy to fix! (just go back to blog now and manage and entries. click on this entry and you're right back at the place where you can fix and save!

    Even prophets have fix things sometimes. ;0


    He was doing nothing but referring back to Obama. I just put the link in below in a comment.


    That's it. It's about justice. It's about accountability. If Rahm and Obama want to weigh in at the punishment phase to show mercy or do a Jerry Ford and pardon for political expediency that's another thing. That's not what they are doing. They are obstructing justice as surely as Bush ever did by declaring that justice will not be pursued. Even Bush didn't stop Scooter from being prosecuted.


    Yup! Now I am outraged! This was my total concern in this election! Rule of Law. That has to come first. And if it's not first for Obama, I am sick at heart. I feel betrayed for sure!



    I totally agree, oleeb. There is no wiggle-room in the law! NONE!


    I agree with oleeb and TheraP. The bottom line for me is that we are a nation of laws, and there is no justifiable way to ignore the law. Bush, Cheney, Rumsfeld, Rice, Bybee, Yoo, Addington, and anyone else in the higher up chain of command who discussed, planned, wrote, reviewed, and decided upon the plan of action to "justify" our use of torture is, and must be held, accountable. It is political expediency to say we won't look back. We have to look back, and hold accountable those who did this, regardless of where it leads. I think an independent special investigator with subpoena power is the route to go. Congress could also investigate, but they have a full plate trying to get the country back on track...we can't go forward till we look back and deal with this. Nor will we restore our "moral authority" in the world until we do.


    I understand. As I said, it's a pet peeve.


    Obama should look forward. He's the executive branch. But DoJ sure as heck should look backward! That's their job! I do not want a Dept of Justice that sits around and "reflects." That would be an absurd way to uphold the law. If I'm stopped for speeding, can I say: "Officer, this is no time for retribution. Our president want a time of reflection. So I'm off to a monastery if you please."

    If pretend we can just forget about all these crimes, they will become like chains the country will be dragging around. Obama will be faced with international leaders bringing this up at every meeting he goes to. And citizens will bring this up everywhere he goes. I'm certainly ready to demonstrate for the Rule of Law!


    This really comes down to Obama not being all that different from Bush. Bush lied like hell and now we find that, even though he said otherwise, Obama doesn't have any more respect for this country or our laws or the people of this nation than Bush. The rot in Washington is complete. When the crazies on both the left and right start shooting at least we'll know the reason.


    Just thought I'd chime in and say "hi", so as not to be accused of being "silent" and hence "consenting" to awful things like torture.


    same hi, message, etc. for me


    It's not a choice if the law is going to be followed, but it seems as if the Obama Administration is making a decision that the law can be ignored, mostly, and people will stand by for it.

    That's why I asked the question. And I agree that, if there's going to be a choice, that the superiors should be brought to justice.

    The moral and legal issue, of course, is that there isn't any choice. But one is going to made, I suspect.


    ... and don't forget those who enabled those who manufactured the supposed legal basis for torture- Bush/Cheney.


    Obama's pragmatism on some matters certainly doesn't excuse his naiveté on others much less his obstruction in this case.

    Further, the rule is most certainly a non-ideological stance. We instituted laws in order to counteract ideology. Ideological-driven processes are almost always the wrong way to implement common sense policies or pursue progressive ends through whatever available means. We use laws to mitigate the influence of ideology on our national strategies and tactics.

    Obama is wrong to derail investigations into this matter, but it has nothing to do with being a pragmatist and everything to do with being a politician.


    I think the choice has pretty clearly been made. Obama will obstruct any effort to investigate and/or prosecute anyone involved. People keep wanting to believe that he is keeping a window open to go after the higher ups and that most certainly is not the case. In fact, when he was in Mexico last week he gave an interview to a spanish language tv network where he made that clear.


    I know. I just don't have much respect for that guy. Ethically challenged is putting it mildly.


    Thank you for the lesson. I do appreciate it.


    My last remaining hope lies with Congress.

    I don't know that I think the administration is intent on obstructing an investigation. The administration wants someone else to do the investigating.


    Playing devil's advocate here for a minute....

    What you're all asking for is for a sitting presidential administration to prosecute the former administration for crimes it may have committed.

    Yes, in this case there may be some very clear-cut violations. But you're still setting a dangerous precedent by prosecuting a previous administration for actions it took in good faith to preserve the safety of the American people.

    Yeah, it was wrong. Someone should be held accountable. But are you seriously considering bringing criminal charges against a former POTUS for actions he took in defense of the country? This isn't Nixonesque corruption...this was a good faith effort. They thought what they were doing was necessary. They thought 9/11 changed the rules. They were wrong, but to blindly prosecute them opens up the door for every new president to throw the book at the one before.

    This stinks to high heaven, but I can understand their position not to prosecute - especially if they have clear evidence showing that the decisions go straight to the top. When you start pulling this thread, you have to be prepared to pull it all the way.

    So what happens if we put Bush on trial and convict him of war crimes? Regardless of any Obama pardon, he would have still been found guilty in an American court of law. What bearing would that have on an international war crimes trial? What if Bush is convicted in an international court? Now we have a former POTUS that is a fugitive from international authority, because you can bet your ass he wouldn't be delivered into custody.

    So what's worse...letting an issue like this slide, or setting a precedent for any former (or current) POTUS to be put on trial not only in the US, but in an international court?


    A special prosecutor would be a good first step but frankly, I now don't trust anyone in Washington to do their duty. Who, out of 535 members of Congress is speaking up against this travesty? I have not read or heard of any members of Congress condemning this action. If there are some, then they are precious few.


    Ever glad to help! :-)



    Apparently you would prefer an international tribunal. Fine by me!!!


    The crazies on the left are more likely to sing Kumbayah than they are to shoot anybody.

    On a more serious note though, I see this as the sort of issue that ought to unite people across the board though I know it won't be easy. The issue is very clear and simple: will we follow the rule of law or not. If we do, then we must pursue investigations and prosecutions where warranted. If we do not follow the rule of law then our oft vaunted Republic based on the rule of law is nothing but a sham.


    Here is Eric Holder at his confirmation hearing, in response to a question by Senator Kohl over whether he would be truly be an independent attorney general:

    President Obama -- is not, I expect, going to ask me to do anything that would compromise what I should be doing as attorney general. But I want to assure you and the American people that I will be an independent attorney general. I will be the people's lawyer.


    Given the last 8 years, we have to be "on" these folks for anything that deviates from the law!


    But you see, a big part of the problem here is that Obama is treating the Justice Department as his personal staff and Holder as his personal assistant. Holder's refusal to insist on the rule of law is another highly disappointed aspect to this story. It was Obama himself who decided that DOJ will not pursue these matters based on his illegal and illegitimate rationale that the torturers acted in good faith based upon legal arguments provided by Bush's DOJ.


    I wonder if the administration wants anyone to do anything, however. By wanting to 'put this behind' them, they are obstructing justice in this case.

    I think Congress must act on this. We can't be what the Republican Congress was to Bush: a rubber stamp body.


    I'm going to have to agree with you wholeheartedly. Luckily we've the courts and Congress too. The White House doesn't always get what it wants.


    Unfortunately, they are just words.


    "What you're all asking for is for a sitting presidential administration to prosecute the former administration for crimes it may have committed."

    Incorrect. There are numerous means by which these matters could be pursued. But all that is required is for the law to be enforced. It is not a partisan matter. It is not a matter of one adminstration prosecuting another. It's basic law enforcement.

    There are any number of alternatives. If it is deemed too sensitve domestically, then the matter can be referred to international authorities at the Hague. If indictments come down then the US can extradite the accused. Another method would be a special prosecutor. Another method (which the President refuses to support) would be Congressional investigations leading to DOJ action, but that seems silly, highly political and a waste of time given that we already know the crimes were committed.

    I'd be comfortable giving it to Pat Fitzgerald and someone of the rank and integrity of retired Gen. Antonia Toguba. But Obama's purpose is to protect both the torturers and those who masterminded it because he falsely views this as nothing more than a policy dispute as opposed to a criminal issue where war crimes were committed.


    Well, I can agree the administration is chicken, but there's no backbone at the other end of Pennsylvania Avenue either. Congress refuses to act unless they have the President's backing. The Democratic Party's lack of integrity and political courage is breathtaking. So don't hold your breath waiting for the Pelosi/Reid Chicken Brigade to do anything.


    No question about it.


    "This isn't Nixonesque corruption . . . . this was a good faith effort."

    Sez who? And was the unprovoked war on Iraq also a "good faith effort"? Why can't you recognize that the Bush/Rove/Cheney cabal (who STOLE two presidential elections!) was a bunch of gangsters?

    Nixonesque corruption PALES in comparison to these crimes. And Nixon's aides, including his Attorney General, DID go to prison.

    And, in any case, the whole point is NO ONE should be above the law--- "President" or "POTUS" as you so cutely put it, is NOT emperor or divinity . . . NOT SUPPOSED TO BE, anyway. And yet under Mr. Obama, the touted "Constitutional scholar," that's where we're at.

    The ugly truth is that the secret government of spy agencies and military-industrial entities, is more powerful than the representative government chosen by the electors.

    Mr. Obama chooses to be a puppet rather than a martyr. That's his choice. Only a massive popular uprising can alter the status quo---elections will never work. The disillusioned electorate will sit out the mid-terms, and the overt fascists will be back in the White House before long.

    Lincoln only won the Civil War by getting radical---getting to the root of the problem. He freed the slaves and armed them. President Obama is faced with problems which cannot be solved without radical action.

    You draw precisely the wrong conclusion. To prosecute these criminals doesn't "open the door" for every future administration to go after its predecessor. (Such retaliation would only work anyway if the predecessor HAD been violating laws.) Rather, NOT PROSECUTING is what really opens the door for an endless series of increasingly criminal, outlaw regimes, which culminates in totalitarian control of America and abrogation of all vestiges of liberty---done in the name of Homeland Security. "Freedom is slavery." (See Jackie Chan story elsewhere on TPM.)


    Just to underscore you:

    It's basic law enforcement.

    He should live up to his words - or resign! Or Congress could impeach, I suppose.


    Citizen Oversight Brigade!

    Do we know, for sure, Holder has ruled out appointing a Special Prosecutor? I haven't read that.


    What?

    Give me a break! Even chickens are braver than that. We're donating all our middle chicken fingers to DC, and organizing a large hen-pecking. I suggest everyone do the same. Make NOISE!!!!!!


    You need to put up a "hen-pecking" website! Start a movement! We could get lots of us hen-peckers to demonstrate! Our logo will be you!


    True, but it certainly sets the agenda and has the edict to pursue criminal activity via the Department of Justice independent of Congress or the Courts.

    Neither of the latter have any more credibility than the presidency has had of late, so it really was Barack who I expected to set the tone and drive the conversation. Business as usual seems to be what he is saying, unless there is a longer play involved which may be leave the underlings alone in order to hold those who gave the orders accountable.

    Too early to tell one way or the other, but the performance thus far seems to eschew common sense for political expediency.


    Hens have peckers??

    :O


    Well, if men are hen-pecked, then I guess we do!

    I noticed that as I wrote it - but let's go for it!


    hum

    henpecked adjective
    harassed by persistent nagging [syn: dominated]

    BRILLIANT! We'll have a barnyard revolt, the chcikens will henpeck them, the horses will nag, the pigalitos will.... um, OH! and the puppies will bitch!

    If you peoples won't do you're bit, I guess it'll be up to us assorted critters. Make NOISE!! Let your reps know.

    NO TORTURE. NO QUIBBLING. NO CLEMANCY.

    Are we men, or monsters?

    (figuratively speaking...)


    Have to agree with this comment, except for the part about Obama needing impose radical solutions.

    I think he actually needs to do the most common sense and conservative thing - uphold the law as agreed upon by the Constitution and international treaties. There is nothing radical about actually using the Constitution as the baseline for his duties and responsibilities.

    The radical solution is the one he is putting forth as an answer to institutionalized torture and murder - that we should not worry about investigating those abuses as a way of moving forward. Only by exposing such things to the light of day can we assure ourselves they won't happen again.

    Nothing could be more conservative, I think. It would be a very liberal stance at the same time. Barack is missing a huge opportunity to use this issue to force this country to move toward a more just and rational place.


    I still don't think it's so cut and dry as "basic law enforcement". Yes, laws were broken. Personally I think they should all go to prison, assuming they are actually found guilty. But I don't think the decision is all that simple.

    Maybe I misspoke when I said that it for sure was "a good faith effort.", because personally I'm not convinced it was. Let me say it a different way. Can you prove beyond a reasonable doubt that it *wasn't* a good faith effort?

    I just think there's a lot more to the decision than putting them on trial and letting things fall where they may.

    As for this thought:

    "Such retaliation would only work anyway if the predecessor HAD been violating laws."

    You're also assuming that the new administration is altruistic and follows the letter of the law. What happens if the new administration is as corrupt as the Bush administration? Then they could FIND violations, even if nothing illegal actually took place. You don't need to be convicted for your life and legacy to be ruined. Look at all the crap that Obama appointees are having to put up with, in the name of 'thorough vetting' by Republicans. And with the way information flows across the web and across the world these days, more than ever you're guilty until proven unfit for office.

    Look at it this way. Bush 43 spent eight years doing his absolute best to expand the power of the executive. They overstepped their bounds by tremendous amounts and set many precedents. Why do you think republicans are so pissed off over having lost the White House? They went to all that trouble to gain power just to hand the keys over to the Democrats. It's like sharpening a knife just to hand it to your worst enemy.

    I DO think it's wrong to just decide that *everyone* involved is free of prosecution. I think it needs to be handled a lot more carefully than blindly issuing indictments of the highest ranking government officials.

    What good will prosecuting them do? The damage, both to our nation's reputation and to the people involved, is already done. I doubt prosecuting them will restore that reputation. I think the best we can do is make things transparent so that it doesn't happen again. Make it clear that the decision to torture is *never* justified, and if your superior tells you to do it, refuse or you WILL be prosecuted, along with your superior and so on, all the way up the chain.

    As for the notion of allowing the international community conduct trials...not in this or any other lifetime. That would require the US to give up a bit of its sovereignty, and that's something we tend to expect other countries to do, not us.

    The more things change, the more they stay the same. Are you really surprised that we're not prosecuting Bush 43? Tell me you're not that idealistic.


    I know. But I'm not giving up yet. Dammit, why is it always so much work to get the right thing done (and don't tell me 'it's because there are 300 million definitions of the 'right thing' in our country...')


    I bet we can get half of the country's 200 million voters to start thinking and acting a certain way and not just the small percentage of political junkies represented at TPM. I'm not giving up and suspect the number of people who are in the same place will continue to grow exponentially until real change becomes inevitable. I hope we are seeing Obama's learning curve in progress and not the final triumph of a corrupt system.


    For sure.


    A five-star post, oleeb. You've given my own thoughts perfect expression. Heartfelt thanks.


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