Department of Justice
Could some Bush officials still be prosecuted?
The Obama administration won't try CIA officials and agents involved in torture, but there's still a chance former DOJ staffers could face some sanction.
In their statements about the release of four legal memos about CIA interrogation techniques, both President Obama and Attorney General Eric Holder made it very clear that any CIA officers who were relying on those legal opinions will not be prosecuted. Left unclear, however, was the fate of the people responsible for the memos. So far, it appears that’s because the Obama administration hasn’t come to a decision about them yet.
The specific line in the president’s statement is, “[I]t is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution.” Asked about this, and the omission of the people who provided that legal advice, a White House aide would tell Salon only, “in regard to the president’s statement and the line, the line was a specific reference to intelligence officials who acted in good faith.”
But that doesn’t mean any inferences about the fate of the Office of Legal Counsel staffers who drew up the memos should be drawn from this. With the staffers’ fate as yet undecided, the administration may just be trying to keep hope alive for their allies on the left, like Sen. Russ Feingold, D-Wis., who said in a statement Thursday, “As I understand it, [Obama's] decision does not mean that anyone who engaged in activities that the Department had not approved, those who gave improper legal advice or those who authorized the program could not be prosecuted.”
As it stands now, the words “good faith” might be the most important factors not just for CIA officers involved in torture but for the coming decisions about memo authors such as Jay Bybee and John Yoo. Justice Department officials declined to comment to Salon, but it’s likely the administration will make those decisions after an ongoing review by the DOJ’s Office of Professional Responsibility into the attorney’s actions is complete. According to a letter Sens. Dick Durbin, D-Ill., and Sheldon Whitehouse, D-R.I., sent to the OPR head in February of this year, the review hinges on whether the legal advice people like Bybee and Yoo provided “was consistent with the professional standards that apply to Department of Justice Attorneys.”
Alex Koppelman is a staff writer for Salon. More Alex Koppelman.
No one went to jail, so why is Wall Street so mad?
Not prosecuting any of the parties responsible for the recession has just served to embolden them
(Credit: Reuters/Joshua Roberts) In Newsweek, Peter Boyer and Peter Schweizer explore the question of President Obama’s Justice Department’s failure to press any major criminal charges against Wall Street. We learn, distressingly, that “finance-fraud prosecutions by the Department of Justice are at 20-year lows.” Ex-Countrywide whistle-blower Eileen Foster, to name one prominent critic of the Justice Department’s inaction, is still urging the Justice Department to do something about her former colleagues, but to no avail. What’s holding them back?
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
Hiding 9/11′s last secrets
The military tribunal for Khalid Sheikh Mohammed means the American people will never know what drove him to terror
(Credit: Reuters//Brennan Linsley) After a Navy SEAL team killed Osama bin Laden at his Pakistan hideout a year ago this week, it flew his body to the Arabian Sea, weighted it down, and slid it silently off an aircraft carrier into the watery depths.
For many Americans, the secret raid provided a measure of revenge and catharsis for the strikes of Sept. 11, 2001. But it didn’t provide the kind of justice and official reckoning that the country needs to gain real closure. Now the government has a chance to achieve that through a full, fair and open trial of Khalid Sheikh Mohammed and four co-defendants, so the world can finally see the evidence against him as the true architect of the attacks on New York and Washington. The trial kickoff — an arraignment for the men — is scheduled for this Saturday at the U.S.-run detention facility in Guantanamo Bay, Cuba.
Continue Reading CloseJosh Meyer is the author, with Terry McDermott, of the new book, "The Hunt for KSM: Inside the Pursuit and Takedown of the Real 9/11 Mastermind, Khalid Sheikh Mohammed.’’ More Josh Meyer.
Sheriff Joe takes another hit
A Justice Department report blasts the embattled Arizona lawman for discriminating against Latinos
Maricopa County Sheriff Joe Arpaio has seen better days (Credit: Rick Scuteri / Reuters) The clock struck at 1,095 days and 11 hours today for Sheriff Joe Arpaio in Maricopa County, Ariz. — or, at least according to the ticking icon on the Phoenix New Times home page that had asked readers for years: “How long has Sheriff Joe been under investigation by the feds?”
That investigation culminated Thursday when the Civil Rights Division of the Department of Justice released its long-awaited report, which found a “chronic culture of disregard for basic legal and constitutional obligations” in Arpaio’s office. Drawing from tens of thousands of documents and over 400 interviews with sheriff’s department personnel, inmates and experts, the report documented “a widespread pattern or practice of law enforcement and jail activities that discriminate against Latinos,” resulting in gross violations of constitutional rights.
Continue Reading CloseJeff Biggers, the author most recently of "Reckoning at Eagle Creek: The Secret Legacy of Coal in the Heartland," is currently at work on a new book on Arizona politics and history. More Jeff Biggers.
FBI entraps old white guys in terror sting, just like it does to young Muslim men
The Justice Department proves its commitment to equality by indicting right-wing Christians for an unlikely plot
Every now and then, right-wingers like to argue for the inherently violent nature of Islam by pretending the very of idea of a “Christian terrorist” is unimaginably ludicrous. These right-wingers also tend to ignore abortion clinic bombers and other Christian and right-wing murderers who follow the terrorist script, so don’t expect them to devote much time to the story of the Waffle House gang recently indicted by the FBI.
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
Richard Cohen suddenly worried about scope of presidential anti-terror powers
The Washington Post's biggest hack is alarmed to find himself agreeing with -- gasp! -- the ACLU
Richard Cohen (Credit: Sigrid Estrada/Washington Post) Richard Cohen, the universe’s worst opinion columnist, has rather belatedly and unexpectedly grown alarmed at the size and scope of the expensive, unaccountable death machine that is our counter-terror state. Don’t get alarmed — he’s still no bleeding-heart anti-American hippie crying about the “rights” of terrorists who hate us and want to destroy us for our freedom — but the idea that an American citizen’s death warrant can be secretly signed by a couple of Justice Department lawyers seems to have shaken Cohen out of his 40-year fog of elite Beltway complacency. Sort of.
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
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