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March 4, 2009

Release of Memos Fuels Push for Inquiry Into Bush’s Terror-Fighting Policies

Filed under: Impeachment Evidence — Mikael @ 7:46 pm

04legal_450a.jpgThe New York Times

By CHARLIE SAVAGE and NEIL A. LEWIS
WASHINGTON – A day after releasing a set of Bush administration opinions that claimed sweeping presidential powers in fighting terrorism, the Obama administration faced new pressure on Tuesday to support a broad inquiry into interrogation, detention, surveillance and other practices under President George W. Bush.

Justice Department officials said they might soon release additional opinions on those subjects. But the disclosure of the nine formerly secret documents fueled calls by lawmakers for an independent commission to investigate and make public what the Bush administration did in the global campaign against terrorism.

The chairman of the House Judiciary Committee, Representative John Conyers Jr., Democrat of Michigan, said the revelations, together with the release of new information about the Central Intelligence Agency’s destruction of 92 interrogation videotapes, had underscored the need for a commission that would have the power to subpoena documents and testimony.

Officials who discussed the process spoke on the condition of anonymity because memorandums still under review might involve classified information. Among those that have not been disclosed but are believed to exist are a memorandum from the fall of 2001 justifying the National Security Agency’s program of domestic surveillance without warrants and one from the summer of 2002 that listed specific harsh interrogation techniques, including waterboarding, that the C.I.A. was authorized to use.

The Justice Department officials said the decision to release the nine memorandums on Monday came after some of the opinions were sought in a civil lawsuit in California. They said department lawyers had determined that the opinions did not contain classified information.

The lawsuit was filed by Jose Padilla, a United States citizen who was arrested in Chicago in 2002 and detained for years as an enemy combatant before eventually being tried and convicted in a civilian criminal procedure. Mr. Padilla is suing John C. Yoo, a former Bush administration lawyer who was the author of many of the opinions justifying detention and interrogation policies.

The Senate Judiciary Committee has scheduled a hearing on Wednesday on whether to create a commission to look into the Bush administration’s counterterrorism policy. The committee chairman, Senator Patrick J. Leahy, Democrat of Vermont, has already called for a commission, and another Democrat on the panel said Tuesday that he would support such an approach.

But David B. Rivkin Jr., an associate White House counsel under the first President Bush who is scheduled to testify at the hearing on Wednesday, said he planned to urge Congress not to move forward with that proposal, which he said would violate the rights of Bush administration officials and set them up for prosecutions by foreign courts.

“They want to pillory people,” Mr. Rivkin said. “They want to destroy their reputation. They want to drag them through the mud and single them out for foreign prosecutions. And if you get someone in a perjury trap, so much the better.”

President Obama has signaled a reluctance to open a wide-ranging investigation into his predecessor’s policies, saying he preferred to fix the policies and move on. In his first days in office, he issued executive orders requiring strict adherence to rules against torture. As a senator, he voted for legislation that brought surveillance efforts into alignment with federal statutes.

The increased calls for a greater public accounting come as the Justice Department’s internal ethics office is preparing to release a report that is expected to criticize sharply members of the Bush legal team who wrote memorandums purporting to provide legal justification for the use of harsh interrogation methods on detainees despite anti-torture laws and treaties, according to department and Congressional officials.

The Office of Professional Responsibility at the Justice Department is examining whether certain political appointees in the department knowingly signed off on an unreasonable interpretation of the law to provide legal cover for a program sought by Bush White House officials.

The report is expected to focus on three former officials of the Office of Legal Counsel: Mr. Yoo, a Berkeley law professor, now on leave at Chapman University, who was the principal author of opinions on national security matters from 2001 to 2003; Jay S. Bybee, who oversaw the counsel’s office during that period and is now a federal appeals court judge; and Steven G. Bradbury, who oversaw the counsel’s office in Mr. Bush’s second term.

Mr. Bradbury wrote two of the opinions released on Monday. Written last October and this January, they broadly repudiated the aggressive theory of virtually unlimited commander-in-chief power at the heart of Mr. Yoo’s memorandums.

Although he was a critic of Mr. Yoo’s work, Mr. Bradbury himself wrote three memorandums on the use of harsh interrogation techniques in 2005. Those documents are believed to be part of the Office of Professional Responsibility’s investigation.

In a footnote to Mr. Bradbury’s January memorandum that sharply criticized Mr. Yoo’s work, Mr. Bradbury signaled that he did not want a repudiation of Mr. Yoo’s legal reasoning to be used against him as part of the ethics inquiry.

Mr. Bradbury wrote that his retractions were not “intended to suggest in any way that the attorneys involved in the preparation of the opinions in question” violated any “applicable standards of professional responsibility.”

Scott Shane contributed reporting.

(Source)


1 Comment

  1. Bush is the terrorist

    Comment by Den — March 9, 2009 @ 10:10 am

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• If we impeach Bush, we’ll get President Cheney!
The first impeachment resolution introduced by McKinney included Bush, Cheney, and Rice. Although, even if we only initially pursue Bush, initiating the impeachment process will lead to an investigation that will implicate lots of people in the Bush administration who are guilty of committing crimes, including Cheney.

No matter who we get to replace Bush, we’ll be showing those in power that anyone who breaks the law will be held accountable.

• Promoting impeachment will seem too “extreme.”
Demanding that crimes be investigated is NOT extreme. Some previous impeachment attempts were considered extreme because they were pursued for actions that didn't rise to the level of a Constitutional crisis, which is what the impeachment tool is meant to be used for. Nixon's impeachment, however, was bipartisan.

  • We should wait to impeach...
Wait to impeach? We've waited 3 or more years too long already. We had enough evidence to impeach years ago. Remember, an impeachment only means you have enough evidence to warrant a trial, just like an indictment. Our congress people didn't take an oath to bipartisanship. They took an oath to the Constitution. Besides which, our troops, Iraqi civilians, and our own civil liberties are all waiting for this.
 
• Before we impeach, we should get some legislation passed...
And with unconstitutional Presidential Signing Statements, veto power, and the power of "Commander in Chief" at his disposal, how do you think Congress is going to get anything accomplished without first impeaching Bush?

If your tire blows while you're driving, do you stop to fix it? Or do you continue driving on your rim because to stop would take too much time?

• It hurts the democracy to go through a presidential impeachment. And Bush is a lame duck anyway.
Holding government officials accountable for their actions strengthens our democracy. Letting lawlessness stand weakens it.

Sometimes reprimanding a child (president) doesn't make the family (Washington) a happy place. But you still have to do it so the child and his siblings (future presidents) learn about accountability. Impeachment is horribly UNDERUSED, which is part of why there's so much corruption at the top. Politicians must learn to fear it. People think things are better because we improved the make-up of our law-making body, Congress. But Bush is BREAKING LAWS. So, it doesn't matter how many laws Congress passes if they don't serve their OVERSIGHT duties as well by impeaching. They swore to defend the Constitution. What are laws without enforcement?

Besides, considering Bush's track-record of breaking laws, he can still do a lot of damage. Our troops, Iran, and our Supreme Court are all endangered so long as he remains in office. Waiting until Bush is out of office will leave us complicit in any further crimes he commits. The Union of Concerned Scientists has estimated that the death toll from a "tactical" nuclear weapon of the kind Bush is contemplating using in Iran would be at minimum 3 million men, women, and children. The path of death would stretch across country boundaries into India.

Perhaps worst of all, we set a terrible precedent by allowing Bush to stay in office after he's broken so many laws. Impeachment will stop future presidents from using Bush's actions as justification for even more lawbreaking and erosion of civil liberties.

• I'm a Democrat/
Republican. If we support impeachment it will lower the chances of my party winning in 2008.

So, your party would rather win elections than do what's right for the country? I hope you're wrong. I also hope the public is willing to throw additional support to any party that holds our elected officials accountable for their actions. This has been historically true with every single impeachment effort launched. And this impeachment effort would begin with majority support (unlike most past impeachments including Nixon).

• Impeachment will never happen. Congress members will block it.
Well, all we need is a majority of support in the House. And 2/3rds vote in the Senate to remove Bush from office will happen once the evidence gets aired on the floor of the House, and subsequently the national media outlets. The political pressure will become too great.

Today's impossibility is tomorrow's reality. Congress members will realize that tying their political future to Bush reduces their chances of getting elected. Remember, one way or another, Bush is gone by 2009— but members of Congress may retain their offices beyond that date. Bush's poll numbers are extremely low, and most Americans support impeachment. This is a bipartisan movement. This means that if we make the pressure unbearable for Members of Congress, they'll turn on him to keep their own seats (like they did with Nixon). It's already starting to happen. While many Members of Congress have behaved unethically in the last few years, it's important to understand that this is related to their warped view of what's in their self-interest. Let's wake them up to their true self-interest (impeaching the president), by showing them our support for impeachment.

And even if we only impeach, and the Senate fails to do their duty and remove him from office, it will only implicate the Senators who fail to do their sworn Constitutional duty.

• But Speaker of the House Pelosi said that Impeachment was "off the table."

Pelosi most likely said this to remove any appearance of conflict-of-interest that would arise if she were thrust into the presidency as a result of the coming impeachment. What we need to do is to pressure Pelosi not to interfere with impeachment maneuverings within her party. Sending her Do-It-Yourself impeachments legitimizes her when she joins the impeachment movement in the future.

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