Call for 'broad mandate to investigate abuses...policymakers and lawyers...without predetermination of where it may lead'
Update: Holder announcement said little more than a 'review' based on the shameful 'Abu Ghraib' model...
By Brad Friedman on 8/24/2009, 2:07pm PT  

[8/26/09: Updated at bottom of article.]

After many weeks of speculation, and embarrasingly bad media coverage, Attorney General Eric Holder has finally named a Special Prosecutor to probe the use of torture by the Bush/Cheney Administration. The announcement comes on the same day that a redacted version of a 2004 Inspector General's report [PDF] on the CIA's use of torture was also released. RAW STORY has a good backgrounder on the announcement.

The prosecutor, John Durham, a career DoJ attorney from Connecticut, has already been investigating the CIA's destruction of torture video tapes, and has been described by AP as "one of the nation’s most relentless prosecutors."

The IG's 122-page report details the beating and death of detainees, threats of violence, death and sexual assault to their family members, and other techniques used by U.S. government interrogators that were "inconsistent with the public policy positions that the U.S. has taken regarding human rights."

Shortly after the announcement today, U.S. House Judiciary chair John Conyers (D-MI) and subcommittee chair Jerrold Nadler (D-NY) released a statement applauding the appointment of the Special Prosecutor and calling for a 'broad mandate' to prosecute not just 'frontline personnel,' but also the 'policymakers and lawyers' who created the "conditions where such absues were all but inevitable to occur."

"Seeking out only the low-level actors in a conspiracy to torture detainees will bring neither justice nor restored standing to our nation," says Nadler in the statement (posted in full below)...

From Conyers' comments: "The Obama Administration also deserves praise for the release of the 2004 CIA Inspector General report as well as related DOJ memos. These materials are truly disturbing, including the CIA's basic conclusion that 'unauthorized, improvised, inhumane, and undocumented detention and interrogation techniques were used' in its program. Reading about misdeeds such as threats to kill a detainees' children or the staging of mock executions leaves us appalled. ... The gruesome acts described in today's report did not happen in a vacuum. It would not be fair or just for frontline personnel to be held accountable while the policymakers and lawyers escape scrutiny after creating and approving conditions where such abuses were all but inevitable to occur."

From Nadler: "I applaud the Attorney General for this first step. But, we must go further. As I have said for many months, it is vital that this special counsel be given a broad mandate to investigate these abuses, to follow the evidence where it leads, and to prosecute where warranted. This must be a robust mission to gather any and all evidence without predetermination of where it may lead. Seeking out only the low-level actors in a conspiracy to torture detainees will bring neither justice nor restored standing to our nation."

UPDATE: Senators Patrick Leahy (D-VT) and Russ Feingold (D-WI) similarly call for investigation of those who created the torture policies, in addition to those those who violated the law while carrying them out. Details here...

The joint Conyers/Nadler press release follows in full below...

Monday, August 24, 2009

Conyers and Nadler Applaud Appointment of Special Prosecutor
Policymakers and Lawyers Must Also Be Held to Account

House Judiciary Committee Chairman John Conyers, Jr. (D-Mich.) and Judiciary Constitution Subcommittee Chairman Jerrold Nadler (D-N.Y.) issued the following statements in response to the Department of Justice decision to appoint a special prosecutor to review certain cases of alleged abuse of detainees.

"I applaud the Attorney General's decision to appoint a special US Attorney to review the interrogation abuse cases that were rejected for prosecution by George Bush's Justice Department," said Conyers. "The Obama Administration also deserves praise for the release of the 2004 CIA Inspector General report as well as related DOJ memos. These materials are truly disturbing, including the CIA's basic conclusion that 'unauthorized, improvised, inhumane, and undocumented detention and interrogation techniques were used' in its program. Reading about misdeeds such as threats to kill a detainees' children or the staging of mock executions leaves us appalled.

"Today's release --- even of these still heavily redacted materials --- is thus an important step toward restoring the rule of law in this country, and rebuilding our credibility around the world. But much more remains to be done. The gruesome acts described in today's report did not happen in a vacuum. It would not be fair or just for frontline personnel to be held accountable while the policymakers and lawyers escape scrutiny after creating and approving conditions where such abuses were all but inevitable to occur.

"I have long believed that Department rules require a special counsel to review the entire interrogation program to determine if any crimes were committed. An independent and bipartisan commission should also be convened to evaluate the broader issues raised by the Bush Administration's brutal torture program."

"The CIA Inspector General's report on interrogation practices under the Bush administration is a disturbing record of abuse that details why this must never happen again and why action on the part of the Justice Department is essential," said Nadler. "Today's news that the Attorney General has listened to our many requests and is poised to appoint a special counsel is very much welcome. I applaud the Attorney General for this first step. But, we must go further. As I have said for many months, it is vital that this special counsel be given a broad mandate to investigate these abuses, to follow the evidence where it leads, and to prosecute where warranted. This must be a robust mission to gather any and all evidence without predetermination of where it may lead. Seeking out only the low-level actors in a conspiracy to torture detainees will bring neither justice nor restored standing to our nation."

###

UPDATE 8/26/09: Glenn Greenwald details Holder's announcement, and argues that it amounts to a "review", rather than a special prosecution, based on little more than the "Abu Ghraib model" where low-level officials may be held accountable, but not those who put the illegal policies in place to start with...

Attorney General Eric Holder today confirmed what has been suspected for many weeks:  he has ordered what he calls "a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations."  Holder's decision does not amount to the appointment of a Special Prosecutor, since a preliminary review is used, as he emphasized, "to gather information to determine whether there is sufficient predication to warrant a full investigation of a matter."  More important, the scope of the "review" is limited at the outset to those who failed to "act in good faith and within the scope of legal guidance" --- meaning only those interrogators and other officials who exceeded the torture limits which John Yoo and Jay Bybee approved.  Those who, with good faith, tortured within the limits of the OLC memos will "be protected from legal jeopardy" (the full Holder statement is here).
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