We were very very proud that Obama released the memos on Friday. Then ... Rahm takes the final move off the board on Sunday. Now that was a crusher.
Obama has seldom failed to follow through on the things I expect of him. He does play a much longer version of this game than we have become accustomed to seeing. I have felt that his plan is to gradually gain political backing from the citizens through unhurried strategic disclosures at the same time that he is (hopefully) solving all the other disasters created by the Bush Crime family. These disclosures also allow (or perhaps force) other arms of the government to act while The President remains openly committed to 'Looking Forward' and 'Healing'.
I don't see much gain in chasing after the CIA operatives who performed under guidance of the Bybee/Yoo/Bradbury Rules (International Treaty law may say otherwise).
It is important to remember that BHO always is looking to create cultural change that drives people to 'do the right thing'. While rapid investigation and prosecution of the last Admin is possible (and justified), what we actually achieve as a country in such prosecutions can vary widely depending on how much ownership the citizens feel for the issues at hand. That change moves at a much slower rate than the does the court system.
We have eight years.
So, I was relieved to read this in the New York Times today:
On Sunday, Rahm Emanuel, the White House chief of staff, said on the ABC News program “This Week” that “those who devised policy” also “should not be prosecuted.” But administration officials said Monday that Mr. Emanuel had meant the officials who ordered the policies carried out, not the lawyers who provided the legal rationale.
Three Bush administration lawyers who signed memos, John C. Yoo, Jay S. Bybee and Steven G. Bradbury, are the subjects of a coming report by the Justice Department’s ethics office that officials say is sharply critical of their work. The ethics office has the power to recommend disbarment or other professional penalties or, less likely, to refer cases for criminal prosecution.
The administration has also not ruled out prosecuting anyone who exceeded the legal guidelines, and officials have discussed appointing a special prosecutor. One option might be giving the job to John H. Durham, a federal prosecutor who has spent 15 months investigating the C.I.A.’s destruction of videotapes of harsh interrogations.
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