Tuesday, July 15, 2008

Congressional Democrats and Torture, Illegal Spying

Glenn Greenwald delves into Democratic lawmakers' motivations for blocking investigations into Bush administration lawbreaking:
As we witness not just Republicans, but also Democrats in Congress, acting repeatedly to immunize executive branch lawbreaking and to obstruct investigations, it's vital to keep that fact in mind. With regard to illegal Bush programs of torture and eavesdropping, key Congressional Democrats were contemporaneously briefed on what the administration was doing (albeit, in fairness, often in unspecific ways). The fact that they did nothing to stop that illegality, and often explicitly approved of it, obviously incentivizes them to block any investigations or judicial proceedings into those illegal programs.


So, of course key Congressional Democrats who were made aware of these illegal torture and surveillance programs are going to protect the Bush administration and other lawbreakers. If you were Jay Rockfeller or Nancy Pelosi, would you want there to be investigations and prosecutions for torture programs that, to one degree or another, you knew about? If you were Jane Harman, wouldn't you be extremely eager to put a stop to judicial proceedings that were likely to result in a finding that surveillance programs that you knew about, approved of, and helped to conceal were illegal and unconstitutional?

He also links to an excellent interview of Jane Mayer in Harper's Magazine:
In a new book, The Dark Side, Mayer puts together the major conclusions from her articles and fills in a number of important gaps. Most significantly, we learn the details on the torture techniques and the drama behind the fierce and lingering struggle within the administration over torture, and we learn that many within the administration recognized the potential criminal accountability they faced over these torture tactics and moved frantically to protect themselves from possible future prosecution.

Remember, these aren't just ideologically driven accusations. At this point it's difficult to find a serious legal scholar who hasn't worked for the Bush administration who thinks either the warrant-less wiretapping or "enhanced interrogation techniques" were legal. And paying a few lawyers to tell you something is okay isn't a legitimate defense in court.

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