Looking Forward By Looking Back

By Big Tent Democrat, Section Obama Administration
Posted on Thu Jan 22, 2009 at 01:48:59 PM EST
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Much to the chagrin of the Beltway Torture enablers and those who attempt to mainstream Bush/Cheneyism, President Barack Obama is acting forcefully on the civil liberties questions that have concerned many Americans. I have written about the developments here. One that escaped my notice was President Obama's Executive Order establishing a task force to review detention policy options. The task force is no small thing in that it includes the Attorney General, the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of Homeland Security and the Director of the Central Intelligence Agency.

The Task Force will be charged with:

[C]onduct[ing] a comprehensive review of the lawful options available to the Federal Government with respect to the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations, and to identify such options as are consistent with the national security and foreign policy interests of the United States and the interests of justice.

It seems to me that this Task Force will have no choice but to investigate and review what has occurred in the last 8 years. To look forward, this Task Force must look back.

For, in the words of Santayana:

Those who cannot remember the past are condemned to repeat it.

The Beltway, complicit, directly and indirectly, with the abuses and, yes, crimes, of the past 8 years, would like nothing more than to have the past 8 years forgotten. But we can not allow this for what happened the last 8 years must never ever be repeated.

Speaking for me only

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Looking Forward By Looking Back | 17 comments (17 topical)

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Question (5.00 / 1) (#1)
by Steve M on Thu Jan 22, 2009 at 01:54:40 PM EST

Do you share this concern?

The key there, Ratner says, is that the exec order appears to allow for an evaluation as to "whether" -- a key word -- the Army Field Manual techniques are sufficent to "protect the nation." That, he says, allows for the Task Force to find after studying the issue that there may be cases where it's acceptable to go beyond the Army Field Manual.
"It would allow the Task Force to go beyond the Army Field Manual," Ratner told me. He added that this allowed for at least the possibility that the administration could conclude that "based on the recommendations of this commission, we will allow certain techniques to be used in certain circumstances."
"It buys into the argument that somehow more severe [interrogation techniques] are going to somehow get at information that the Army field Manual is able to get at," he continued, adding that it was tantamount to saying that "we'll make an exception if there's some kind of need to do so to get information."
CIA agents are expected to be skeptical of this executive order, and Ratner says he hopes that these lines were put in there as a "sop" to the CIA. Nonetheless, he termed the inclusion of the "loophole" as "terrible."
"I don't like the fact that there's any kind of loophole in an executive order that supposedly outlaws torture," Ratner says.

: Sure.... (none / 0) (#2)
by dmk47 on Thu Jan 22, 2009 at 01:59:01 PM EST

We certainly have to stay vigilant about these issues, but I think it's okay to exhale. Marty Lederman, Dawn Johnsen, Leon Panetta et al. wouldn't have taken the job if they thought there would be a torture loophole and they'd almost certainly resign before enabling one.

[ Parent ]

They're just ... (5.00 / 1) (#3)
by Robot Porter on Thu Jan 22, 2009 at 02:06:30 PM EST

creating a report. "Blue Ribbon Panel" by another name.

I guess they could recommend legal action against the previous administration. But I don't expect it.

The Obama administration has already stated they're not interesting in going after the Bush administration. But Pelosi is pushing for it (from CNN):

Pelosi is also pushing for an investigation into the Bush administration's handling of the Justice Department, while Obama and his aides say there are other priorities besides focusing on the administration they are succeeding.
"I think that we have to learn from the past, and we cannot let the politicizing of, for example, the Justice Department, go unreviewed," Pelosi said last weekend. "Past is prologue."

I'm not Pelosi's biggest fan, but I agree with her statement here.

Interesting... (5.00 / 2) (#4)
by jbindc on Thu Jan 22, 2009 at 02:26:12 PM EST

Why didn't she push for it in the last two years?

[ Parent ]

Heh (5.00 / 2) (#6)
by indy in sc on Thu Jan 22, 2009 at 02:28:56 PM EST

I was going to say the same. Nancy "impeachment is off the table" Pelosi suddenly wants to hold people accountable? The messenger in this case undermines the message.

[ Parent ]

: There are a lot of ways short of impeachment (none / 0) (#12)
by ruffian on Thu Jan 22, 2009 at 03:21:44 PM EST

to hold people accountable. Wish they had pushed harder - like arresting people when they refused to appear before congress when called.

[ Parent ]

Timing. Stay on message (none / 0) (#16)
by oldpro on Thu Jan 22, 2009 at 04:46:59 PM EST

for the elections.

Kept the 'pardon pressure' off Bush and may have misled him into thinking there would never be anything to worry about.

We shall see.

[ Parent ]

Yes a Blue Ribbon Panel (5.00 / 1) (#14)
by Intrepid One on Thu Jan 22, 2009 at 04:29:08 PM EST

is all it is. What they will be doing is no great shakes. Essentially where Bush was lazy and just stuck them in the hole, Obama according to the language of the document is just going to legalize the same actions. And if he and the Blue Ribbon Panel have to have congress pass new laws in order to accomplish it that is what they will do. It's all just more Kubicki.

Obama is taking a year to close Gitmo! That should be a tell for everyone where everything else is headed. He's slow rolling this entire thing. Seems to me all this stuff is no more than out of the gate PR which will soon, predictably, go down the memory hole. DC Politics 101. And worse yet all his supporters will willingly give him a pass as they already are.

Blue Ribbon Panel=Smoke and Mirrors.

[ Parent ]

So how does this comport with (none / 0) (#9)
by NYShooter on Thu Jan 22, 2009 at 02:34:18 PM EST

her unsolicited, pre-emptive,"impeachment is off the table" statement?

I'm not nit-picking, I just assumed her "off the table" comment was because so many Democrats were complicit enablers for the Bush illegalities.

What's different now? Won't the same rats be exposed if her current attitude actually evolves into real action?

Just asking.

[ Parent ]

: Maybe she .... (none / 0) (#10)
by Robot Porter on Thu Jan 22, 2009 at 02:39:23 PM EST

realized she was wrong. Maybe she thinks they'll be better able to get at the truth now.
I really don't know.
(Also she's just talking about the Justice Department which doesn't encompass all of illegalities of the Bush administration.)
But better late than never, I say.

[ Parent ]

I'm very pleased with this news (5.00 / 1) (#17)
by Maryb2004 on Thu Jan 22, 2009 at 06:57:40 PM EST

as I have been with all the news out of the White House today. And I agree that this commission will have no choice but to review the past in order to make policy for the future.

This is a strong start for the new administration.

Well if Panetta (4.50 / 2) (#11)
by lilburro on Thu Jan 22, 2009 at 02:44:06 PM EST

is going to face a series of hard questions about his involvement in Clinton-era renditions, there is no reason why we cannot do the same to officials involved at similar levels with the Bush admin's crimes. I hope the Republicans take advantage of the opportunity to hit an Obama appointee hard - they will then look like fools for opposing the questioning of Hayden, Tenet, Yoo and others.

America needs to know (none / 0) (#5)
by mmc9431 on Thu Jan 22, 2009 at 02:28:44 PM EST

Forgotten is bad enough. What I'm more afraid of is that they'll succeed with their spin machine to totally glorify it. Just look at what they succeeded in doing to the Reagan image. It's paramount to treason to speak ill of him.

Truth Commissions (none / 0) (#7)
by MKS on Thu Jan 22, 2009 at 02:31:39 PM EST

are a good idea.

But prosecution for past abuses are often the condition imposed for them. That type of arrangement has been used with respect to horrible acts such as genocide.

It is not perfect but it does encourage greater disclosure....

: "Forgoing" prosecution is often (none / 0) (#8)
by MKS on Thu Jan 22, 2009 at 02:33:57 PM EST

the condition imposed for them.

[ Parent ]

Ignorant question (none / 0) (#13)
by msobel on Thu Jan 22, 2009 at 03:48:21 PM EST

Since Bush is out of office, impeachment is off the table. What about criminal charges. After all, the GOP special prosecutor came to an agreement with Clinton after he was out of office. Why bother if Presidents are immune from prosecutions.

I realize that Vice Presidents can't be charged because they are part of the Fourth Branch of Government. (snark)

: This is a loop hole (none / 0) (#18)
by weltec2 on Thu Jan 22, 2009 at 07:04:34 PM EST

that cannot happen again. They need to make sure that the office of the Veep is clearly defined as part of the Exec Branch so that next time the American people elect a Cheney, his role and responsibilities under the law are clear.

[ Parent ]

First thought...if terror is (none / 0) (#15)
by oldpro on Thu Jan 22, 2009 at 04:41:49 PM EST

off the table, what do you need a task force for?

For backup? Maybe...but aren't some people on this list already favorably inclined to torture? Especially if you don't call it that.