Guest Blogged by Ernest A. Canning

"It will remain one of democracy's best jokes that it provided its deadly enemies with the means by which it was destroyed." - Joseph Goebbels

Gradually, as the veil of secrecy lifts, a growing number of Americans are beginning to comprehend the lawlessness of the cabal which seized control of the White House in 2000 in what amounted to a judicially-aided coup d'etat.[i] This lawlessness extended across the board. It included the packing of federal agencies with lobbyists from industries they were designed to regulate, deception to take this nation into a war of choice, fraudulent no-bid contracts, torture, extraordinary rendition, warrantless NSA eavesdropping on the entire stream of domestic electronic communications, and, if Seymour Hersh's recent allegations are accurate, the creation of a highly secretive "executive assassination ring" which reported only to Dick Cheney's office and which had "been going into countries, not talking to the ambassador or the CIA station chief, and finding people and executing them and leaving."[ii]

The reaction of leading Democratic politicians to these unprecedented high crimes has been ambivalent, at best. Even before she assumed the role of Speaker, Nancy Pelosi announced that impeachment was "off-the-table," thereby enabling two more years of executive lawlessness, not to mention the nation's economic demise. Pelosi evaded so much as mentioning their high crimes until February 2009. President Obama acknowledged that "no one is above the law," but added that the focus of his administration is to look forward, not back.

There are fundamental deficiencies in the President's formulation. First, it is impossible to observe the rule of law without looking back. It would make no sense, for example, for a man charged with armed robbery to come before a judge and say, "Well, the robbery was in the past. You've got to look forward. I have every intention of abiding by the law in the future. So why prosecute me?" Second, looking forward does not mean handling current events at the expense of the rule of law. The point is to look far enough into the future to appreciate that the same people who brought us the last eight years of executive lawlessness could one day return to power...

Guest Blogged by David Swanson of After Downing Street

Only in America can elected officials go on TV and confess to felonies (including torture and warrantless spying, not to mention aggressive war) and the resulting debate focus around the question of whether investigating the "possibility" of wrong-doing would be too radical. This week a coalition of dozens of human rights groups including the Center for Constitutional Rights, the National Lawyers Guild, and the Society of American Law Teachers released a statement, as drafted by The Robert Jackson Steering Committee, cutting to the chase.

It reads in its entirety:

I wrote this statement with some helpful tweaks from colleagues and have been screaming the same basic message for about three years, but I sense more than ever right now that more ears are open to it.

While actually enforcing laws and "getting tough on crime" is now considered the radical leftist position and a "truth" commission the reasonable compromise, it is clear that a bipartisan commission would create the bipartisan bickering our elected officials are so eager to avoid. It would also, in Senator Patrick Leahy's view, investigate the complicity of Democrats as well as Republicans in the crimes of the past 8 years, thus guaranteeing that neither Democrats nor Republicans will support it.

If Congress can't take the heat and won't even enforce its own subpoenas, it should leave well enough alone. Statutes of limitations are running out fast, and we don't have time for another commission. If President Obama wants to distance himself from enforcing the law, he can do what he is supposed to do and leave the matter in the hands of Eric Holder. And if Attorney General Holder wants distance he can do what is required and appoint a truly independent prosecutor. Doing so would please the following organizations. More are signing on every hour, and both organizations and individuals can sign on at ProsecuteBushCheney.org.

Signatorees, as of 2/25/09, include...

[Updated at end of article, with details on hearing announced for next week.]

Neither Salon's nor RAW STORY's coverage made it completely clear whether the Senators are discussing an idea that is different from Leahy's previously-floated "Truth Commission" --- where immunity would be granted to many who testify, in questionable exchange for making "the truth" known --- though this investigation does seem to be distinct from that one. We'll try to keep our eye out for Leahy's press release today, in case it offers some clarity. [Update: See details of Leahy's announcement added at bottom of article.]

One point from Salon, also worth highlighting, is that the tenacious Sen. Whitehouse seems keen on using this investigation to help disprove the often asserted notion that the Bush, um, "enhanced interrogation" policies saved lives, despite the lack of evidence supporting that wishful thinking, and the growing body of evidence and testimony --- from those who actually know --- which plainly disputes it.

Retired Maj. Gen. Tony Taguba, who led the investigation of prisoner abuse at Abu Ghraib, is quoted from a recent interview as disputing those who have claimed --- from the comfort of their keyboards --- that torture saved lives: "Some of those activities were actually not effective and those who thought so were in the academic or pristine settings of their offices," Taguba told Salon. "What would they know?"

Whitehouse adds: "It is important to prove the point, because they keep saying, 'We saved lives. We interrupted plans. We did this, that and the other.'...Well, when you drill down, there is never a fact there. It turns into fog and evasion."

Again, with Whitehouse on both the Senate Judiciary and Intelligence Committees, with access to much more information than has been made public to date, he oughta know. At least slightly more so than the Wingnuts who rule the public airwaves and, with it, the public "debate" on these issues to date.

UPDATE 1:34pm PT: On the Senate floor today, Leahy announced his plans for a hearing next Wednesday, March 4th at 10am ET (including a live webcast), called "Getting to the Truth Through a Nonpartisan Commission of Inquiry."

Details follow...

From Scott Horton at Harper's...

Horton --- who testified as an expert witness for the European Parliament report mentioned --- says the paper conflated the controversial Bush program, which often included torture and long-term abduction into secret CIA-run prisons in foreign countries, and a significantly less nefarious type of rendition, in use since the early 90's, and perhaps even during the Reagan era.

He explains the difference between the pre-Dubya "renditions program", which an Executive Order from Obama has not ended, versus Dubya's "extraordinary renditions program" which Obama has outlawed (despite media reports over the last several days to the contrary), thusly...

From Scott Horton at Harper's...

In related news, top Congressional Democrats, including Senators Reid, Levin and Whitehouse, as well as Representatives Pelosi, Hoyer and Conyers have all indicated recently, in various forms, interest in investigations and/or accountability for various Bush crimes, which, reports Jason Leopold at Public Record, amounts to a growing consensus among Dems to approve a probe into torture allegations, and perhaps more.

UPDATE 1/26/09: In an interview with CNN, Nowak said he believes there is already enough evidence to prosecute fomer SecDef Don Rumsfeld:

RAW STORY has the video of the CNN interview with Nowak...

The photo above was taken on Jan 20th, 2009. President Obama has since signed an Executive Order calling for the closure of Gitmo within a year.

Okay. Holder gets our vote. Courtesy of David Swanson:

As Jon Ponder noted here on Tuesday, a bi-partisan U.S. Senate panel has found [PDF] that George W. Bush was responsible for approving War Crimes (torture and abuse) at the Abu Ghraib prison in Iraq, Dick Cheney admitted in a recent interview to helping to approve War Crimes (torture and abuse) in interrogations, and the corporate media --- with the lone exception of MSNBC --- have been virtually as silent on what may be the most offensive crimes ever committed by an Executive Branch in the U.S. as they were during the lead-up to and follow-through on the War on Iraq, when those same officials sent our nation into war on the basis of demonstrable lies.

George Washington University's highly-respected constitutional law professor Jonathon Turley, noting the War Crimes now known and admitted to by Bush and Cheney, asked Keith Olbermann Tuesday night, "If someone commits a crime and everyone's around to see it and does nothing, is it still a crime?"

(Please watch the video at right, or read the text transcript at the end of this article.)

During the discussion, Turley mentioned --- no less than three different times --- that it'll be up to the citizens whether or not any action is actually taken to prosecute those who committed these crimes.

But is there any real basis --- in 2008 --- for his well-meaning argument? Not bloody likely...

In one of the smartest pieces we've ever seen on his show, tying so many of the Bush Administration's unprecedented crimes together in a single bound, Stephen Colbert offers an out for all them, in one fell swoop. His comments come on the heels of the remarkable statement, made by U.S. Attorney General Michael Mukasey to the American Bar Association in a speech this week, that "not...every violation of the law, is a crime."

Yes, that's what he actually said. Here's what Colbert said in reply last night...

UPDATE: If you have any problem viewing the above video, RAW STORY now has it up in a different video format, along with a few additional details, as well.

Guest blogged by Jon Ponder, Pensito Review.
The fact that hardly anyone has heard of David Addington is no accident. As chief of staff to Dick Cheney, he shares his boss's fetish for secrecy. But as reporters are finally zeroing in on what Bush officials have really been up to these last seven years, evidence continues to pile up about the key role Addington has played in the skullduggery. Some are even suggesting he could be tried for war crimes for his role in approving the torture of terror suspects.

In the video above, in an interview with Steve Clemons, editor of The Washington Note, Jane Mayer discusses Addington, whom she profiled in the New Yorker last year and who plays a central role in her new book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, which Trish, my colleague at PR, wrote about this week.

The excerpt in the following transcript comes about 11 minutes into the interview. The quote mentioned by Mayer and Clemens is the last line in Mayer's book. It comes from Phillip Zelikow, a former counselor to Condoleeza Rice, who attempted to explain what went wrong within the administration after the attacks on September 11 this way: "Fear and anxiety were exploited by zealots and fools."

Guest blogged by Jon Ponder, Pensito Review.
John Yoo and David Addington, the architects of Bush's illegal torture policies, testified before the House Judiciary Committee today. The hearing included this frothy exchange between Yoo and the committee chairman, John Conyers (D-Mich.):

Yoo was serving in the Justice Department's Office of Legal Counsel from 2001 to 2003, when he wrote the infamous memo and contributed to the PATRIOT ACT. He is now a professor of law at UC Berkeley.

Addington is the chief of staff to Dick Cheney.