White House fearful of prosecution…

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Harpers Magazine interviewed Jane Mayer, the author of The Dark Side – An inside story of how the war on terror turned into a war on American ideals. This book is a series of articles which chronicle the Bush’s administrations involvement with torture and the individuals that helped make it happen.

In a series of gripping articles, Jane Mayer has chronicled the Bush Administration’s grim and furtive dealings with torture and has exposed both the individuals within the administration who “made it happen” (a group that starts with Vice President Cheney and his chief of staff, David Addington), the team of psychologists who put together the palette of techniques, and the Fox television program “24,” which was developed to help sell it to the American public.

The interview involved six questions which can be found here… I highly recommend reading this interview in it’s entirety.

What I found striking was Jane Mayer’s response to the first question which included this statement:

Activists will be angry at me for saying this, but as someone who has covered politics in Washington, D.C., for two decades, I would be surprised if there is the political appetite for going after public servants who convinced themselves that they were acting in the best interests of the country, and had legal authority to do so. An additional complicating factor is that key members of Congress sanctioned this program, so many of those who might ordinarily be counted on to lead the charge are themselves compromised.

Much will depend on who the next president and attorney general are, and how much pressure they feel. At the very least, as a journalist, I hope that the records are opened, and all the legal memos released (several crucial ones remain secret) so that the country can learn its own history here. My guess is that the real accountability for President Bush will be in the history books, not the court room.

Remember, there are both Democrats and Republicans that sit on the Intelligence Committees and these legislators were informed of the torture programs as developed by the Bush administration. This would make them both accessory before and after the fact.

The reaction of top Bush Administration officials to the ICRC report, from what I can gather, has been defensive and dismissive. They reject the ICRC’s legal analysis as incorrect. Yet my reporting shows that inside the White House there has been growing fear of criminal prosecution, particularly after the Supreme Court ruled in the Hamdan case that the Geneva Conventions applied to the treatment of the detainees. This nervousness resulted in the successful effort to add retroactive immunity to the Military Commission Act. Cheney personally spearheaded this effort. Fear of the consequences of exposure also weighed heavily in discussions about whether to shut the CIA program down. In White House meetings, Cheney warned that if they transferred the CIA’s prisoners to Guantanamo, “people will want to know where they have been—and what we’ve been doing with them.” Alberto Gonzales, a source said, “scared” everyone about the possibility of war crimes prosecutions. It was on their minds.

(I added the emphasis)

Well, now I understand why there was this big push to pass the Military Commission Act back in the Fall of 2006. And to think that most Congress men and women didn’t even read this bill. My Congressman told me that he voted in favor of this bill because Nancy Pelosi told him to vote “yea” and he did. She wields a strong arm in the Democratic Congress.

Wait, there’s even more… Cheney and his buddies have been carrying around a grudge ever since Watergate and they saw 9/11 as an opportunity to strike back.

After interviewing hundreds of sources in and around the Bush White House, I think it is clear that many of the legal steps taken by the so-called “War Council” were less a “New Paradigm,” as Alberto Gonzales dubbed it, than an old political wish list, consisting of grievances that Cheney and his legal adviser, David Addington, had been compiling for decades. Cheney in particular had been chafing at the post-Watergate reforms, and had longed to restore the executive branch powers Nixon had assumed, constituting what historian Arthur Schlesinger Jr. called “the Imperial Presidency.

Then there is the matter of the recent FISA bill and Congressional members’ knowledge of the illegal spying when it first took place.

From Salon:

Identically, numerous key Democrats in Congress — including Rockefeller and Harman — were told that Bush had ordered the NSA to spy on American without warrants and outside of FISA. None of them did anything to stop it. In fact, while Rockefeller wrote a sad, hostage-like, handwritten letter to Dick Cheney in 2003 (which he sent to nobody else) — assuring Cheney that he would keep the letter locked away “to ensure that I have a record of this communication” — Harman was a vocal supporter of the illegal NSA program. Here’s what she told Time in January, 2006 in the wake of the NYT article revealing the NSA program:

Some key Democrats even defend it. Says California’s Jane Harman, ranking Democrat on the House Intelligence Committee: “I believe the program is essential to U.S. national security and that its disclosure has damaged critical intelligence capabilities.”

Harmon even went on Fox News and told the public that this NSA spying program was necessary.

Johnathan Turley explains it further.

This is exactly the dynamic which Law Professor, Fourth Amendment expert, and Simple-Minded, Confused Leftist Hysteric Jonathan Turley was describing on MSNBC on June 19:

I mean, the Democrats never really were engaged in this. In fact, they repeatedly tried to cave in to the White House, only to be stopped by civil libertarians and bloggers. And each time they would put it on the shelf, wait a few months, they did this before, reintroduced it with Jay Rockefeller’s support, and then there was another great, you know, dustup and they pulled it back. . . .I think they’re simply waiting to see if the public’s interest will wane and we’ll see that tomorrow, because this bill has, quite literally, no public value for citizens or civil liberties. It is reverse engineering, though the type of thing that the Bush administration is famous for, and now the Democrats are doing — that is to change the law to conform to past conduct.

It’s what any criminal would love to do. You rob a bank, go to the legislature, and change the law to say that robbing banks is lawful. . . .

This is a very frightening bill. What people have to understand is that FISA itself is controversial. This court issued tens of thousands of warrants granted applications for surveillance without turning down any. Only recently did they turn down two. . . . What you’re seeing in this bill is an evisceration of the Fourth Amendment of the Constitution. It is something that allows the president and the government to go in to law-abiding homes on their word alone, their suspicion alone, and to engage in warrantless surveillance. That’s what the framers that drafted the Fourth Amendment wanted to prevent. . . .

Well, there’s no question in my mind that there is an obvious level of collusion here. We now know that Democratic leadership knew about the illegal surveillance program almost from its inception. Even when they were campaigning about fighting for civil liberties, they were aware of an unlawful surveillance program as well as a torture program. And ever since that came out, the Democrats have been silently trying to kill any effort to hold anyone accountable because that list could very well include some of their own members.

And, I’m afraid this is Washington politics at the worst. And, so, I think that what you’re seeing with this bill is not just caving in to a very powerful lobby, but also caving in to sort of the worst motivations on Capitol Hill since 9/11. You know, the administration was very adept at bringing in Democrats at a time when they knew they couldn’t refuse, to make them buy in to this program, and now that investment is bearing fruit.

I recommend that you read the complete article from Salon. There are too many details to list here. You don’t want to miss this.

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Filed under America - Constitution, America - Democracy, America - Law, Features - Books, Government & Institutions - CIA, Government & Institutions - Executive Branch, Government & Institutions - FBI, Human & Civil Rights - Domestic Surveillance, Human & Civil Rights - Torture, PO(TU)S - George W. Bush

Tags: Cats r Flyfishn @ TPZoo, Dick Cheney, FISA, Jane Mayer, Military Commissions Act