I have come to see very little difference between CIA chief Leon Panetta's reported attempts to intercede in a Dept. of Justice investigation into Bush/Cheney Era war crimes and illegal torture by members of the CIA, and the reported attempts of folks like former Sen. Pete Domenici (R-NM) and former Congresswoman Heather Wilson (R-NM) to similarly inject themselves into a DoJ investigation (in their case, to force one over phony "voter fraud" allegations and other politically-based investigations of Democrats) leading up to the U.S. Attorney Purge under George W. Bush.

Why should the Director of Intelligence have any say within the DoJ and/or White House administration, over what and who is investigated when crimes have allegedly been carried out?

The fact that he has been attempting to do so --- as reported recently, including as late as today by the New York Times --- seems clearly inappropriate, and should lead to his immediate dismissal or resignation as far as I'm concerned...

[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)...

Guest Blogged by Ernest A. Canning
Part V of a Five-Part Special Series
(Part I is here. Part II is here. Part III is here. Part IV is here.)

"This report tells the largely untold human story of what happened to detainees in our custody when the Commander-in-Chief and those under him authorized a systematic regime of torture. This story is not only written in words: It is scrawled for the rest of these individuals’ lives on their bodies and minds. Our national honor is stained by the indignity and inhumane treatment these men received from their captors...

"After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the...administration...committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account." Retired Maj. Gen. Anthony Tuguba, "Preface" to Report by Physicians for Human Rights.

In Part I of this five-part series, I took care to distinguish the post-9/11 application of torture techniques by the U.S. military from the role played by the CIA and demonstrated how the Bush/Cheney decision to torture predated the quasi-legal Justice Department memos. In Part II, I covered the CIA's dark beginnings, including links not only to former Nazi war criminals but to those Americans who provided financial support to Hitler's Germany, including the late Senator Prescott Bush, George W's paternal grandfather. I also demonstrated how academic studies, performed as part of the CIA's maniacal quest to crack the code of human consciousness, culminated in KUBARK, the CIA's 1963 torture manual. In Part III, I showed how the KUBARK torture techniques, applied by US-trained foreign surrogates, became an essential component of the covert dimension of a US-led corporate Empire --- a means for exerting control over populations resistant to the injustice of a system that values the obscene wealth of a few over the needs of the many. Part IV covered “extraordinary rendition.”

Here we will deal with the direct application of KUBARK techniques at CIA “black sites,” why we cannot rely on the government as a source of truth, death by torture and the disturbing yet unresolved question as to how many have joined the ranks of the “disappeared”...

From the sub-title used with the LATimes story over the weekend about AG Eric Holder's long-rumored, now reportedly "all but certain" plan to appoint a special prosecutor to examine torture during the Bush Adminstration:

So non-"excessive waterboarding" is now legal?

From the article itself...

In response to AP's Friday headline announcing "Conyers wants criminal probe of Bush 'abuses,'" David Swanson posts this "important breaking sarcasm"...

See Swanson for the rest...

And on a "lighter" note, Colbert takes a look at the report that AG Eric Holder is "on the verge of" appointing a prosecutor to look into Bush/Cheney torture, and the media's dismal coverage (hello NBC's Chuck Todd!), contending that carrying out the Rule of Law against politicians --- apparently only Republican ones --- should be avoided, because politicians would debate about it on television...

Earlier this week I wrote about the ABC "News" chuckleheads, and their laff riot over the floated idea of a torture probe, "on the verge of" being announced by AG Eric Holder. They laughed and pooh-poohed the high-larious suggestion on last Sunday's Stephanopoulous.

And now MSNBC offers another egregious example of corporate media failure --- in this case, again, "inside the beltway" corporate media failure --- in their "coverage" of such a possible investigation/prosecution. Glenn Greenwald is, as usual, a must read here beginning this way on Wednesday...

As I say, Greenwald's analysis of how far off the rails such insider "journalism" has now gone; how far from what the nation's Founders intended; how completely and utterly out of touch these guys actually seem to be from the public, is a must-read. So please do.

Following up on Saturday's NEWSWEEK scoop that Attorney General Holder "may be on the verge of" appointing a prosecutor to investigate Bush/Cheney-era torture, Digby notes how the chuckling dinosaurs of ABC News' This Week with George Stephanopoulos on Sunday snickered their way through a discussion of prosecution for torture by the Bush/Cheney regime (in our name!) as if they were wise-cracking about any old political brouhaha from inside the Beltway. (Video/transcript here, courtesy of C&L.)

Note to Stephanopoulos: How about featuring some actual journalists and bloggers who've actually been covering this issue for months (years?) before you eventually come to wonder why your show has gone the way of all the dead trees in the newspaper publishing business. Greenwald, Scahill, Wheeler, Horton all come to mind. It might bring your show up to date...or at least, up to 2006 or so.

The serious folks out there, several mentioned above, took a look at Saturday's NEWSWEEK report with the grim sobriety and analytical acumen that it deserves, while in largely shabby followups Washington Post, New York Times, and Rupert Murdoch's Wall Street Journal all seem to float anonymously sourced trial balloons, averring the notion that only low-level rogue interrogators who exceeded the boundaries of the DoJ's illegal torture justification memos would be targeted by such an investigation.

On that point, while Glenn Greenwald charges such an approach would be arguably "worse than doing nothing," as it would "actually further subvert the rule of law rather than strengthen it," he also notes:

Scott Horton's reporting counters the indications from anonymous sources in the increasingly obsolete WaPo, Times, and WSJ coverage which suggests focus on only low-level agents and contractors, rather than policy makers, by reporting that his sources at DoJ indicate just the opposite [emphasis ours]...

In a long article from NEWSWEEK's Daniel Klaidman today, it's reported that U.S. Attorney General Eric Holder is weighing the appointment a special prosecutor to investigate Bush/Cheney-era torture policies, and may now be "on the verge" of finally doing so...

The detailed story explores the tensions between the White House and an independent AG --- a tension that is ever present in any WH/DoJ relationship --- and how Holder seems to be fighting to maintain that independence, while remaining in good stead with the White House where, it seems, Rahm Emmanuel may be the one calling the shots in Obama's ill-considered (or, at least, politically-considered) "look forward not back" policy...

The report goes on to note that Holder began reviewing the former administration's torture policies "in April," and "became increasingly troubled" as he did.

To connect a dot or two here, that would be around the same time --- April 24th of this year --- when Holder told anti-torture protesters, off mic, after a Congressional hearing at which he testified, that they would "be proud of [their] country" in response to their demands for investigation and prosecution of those policies.

Though we noted what protester David Swanson had reported as a "promise" at the time, few others took any notice of what we'd regarded as a very positive, if quiet, sign that he had intended to do the right thing here...

[Update: Be sure to read Lori Minnite's explanation in comments of what seems to have happened here. Details at bottom of article.]

Unless I'm missing something here (please let me know if I am!) it doesn't appear that the DoJ "dropped" charges against the RNC's alleged 2002 NH election "phone-jammer," James Tobin, as is currently being described in news accounts, and via several emails I've received alerting me to the story.

From my read of AP's coverage, and several others, it looks like the DoJ lost their original New Hampshire case, and then recently saw the appeal of a refiled case, with a different focus (lying to federal investigators) in Maine, "dismissed" by the U.S. Circuit Court of Appeals in Boston.

Losing, and/or being dismissed, seems a far cry from the feds having "dropped" the case, as AP's headline, run at NY Times and elsewhere described it ("Feds Drop Phone-Jamming Case Against GOP Organizer"). TPM's Zachary Roth also seems to have picked up the AP/Times "dropped" meme to headline his version of the story as: "Feds Drop New Hampshire Phone-Jamming Case".

The full AP version of the story uses "drop" or "dropped" three times in the headline, the sub-headline, and in the first graf...

For those who have wondered (particularly when looking at the incredible miscarriages of prosecutorial injustices and improprieties in cases like Gov. Siegelman's), no, Obama has yet to replace Bush's partisan U.S. Attorneys, incredibly enough. But he will, says AG Holder, according to Politico...

Gosh. Take your time, kids. Although, in fairness (where any may be due here), the following bears keeping in mind...

Incredibly, the Bush-appointed prosecutors in the Siegelman case (who are, inexplicably, still on the job!) have now requested an even longer sentence for the former Democratic Gov. of Alabama who was railroaded as part of a Rove-led political prosecution.

RAW STORY offers the amazing details on the twenty-year sentence now being sought by the federal prosecutors to replace the seven years he was originally screwed with. The entire prosecution needs to be entirely thrown out, just as the case against Republican Sen. Ted Stevens was.

And where is AG Eric Holder in all of this? I'd sure as hell love to know, as I asked in my April 13th letter to him on behalf of VR's Restore Justice at Justice campaign requesting an investigation of all illegal, Bush-era political prosecutions. (If you haven't yet, please sign on to that letter, to add your voice!)
My brief interview with Siegelman at last Summer's Democratic National Convention in Denver (originally posted here), is re-posted at left, wherein he warned, if action wasn't taken "Karl Rove is simply going to get in his get-away car and thumb his nose at the Constitution, the Congress and the American People."

VROOOM....

Hope? David Swanson reported last night that the AG "made [him] a promise":

UPDATE 7/11/09: NEWSWEEK reports that Holder "may be on the verge of" and "leaning toward appointing" a prosecutor to investigate Bush/Cheney-era torture. Their story notes that his initial deliberations on this matter seem to have coincided with his comments as noted above. Details on all now here...

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

If he's confirmed, Attorney General nominee Eric Holder told the U.S. Senate Judiciary Committee during confirmation hearings today, he'll review the Bush U.S. Attorney's decision to not prosecute former DoJ Civil Rights attorney Bradley Schlozman for his grotesque bastardization and politicization of the department as we detailed earlier this week. Schlozman, the DoJ's Inspector General found, broke federal law and custom vis a vis his hiring practices of only fellow whack-a-doodle wingnuts, and further went on to lie to Congress about during hearings (which is also a federal crime).

Said Holder during questioning by Sen. Dianne Feinstein...