"Mommy, What Was the Rule of Law?"

by Chris Cassidy

category: Homeland Security

Published August 25, 2009 @ 11:03AM PT

As anticipated, Attorney General Eric Holder announced the assignment of a career prosecutor to investigate whether U.S. officials exceeded guidelines provided by the Bush Department of Justice (DOJ) in carrying out so-called enhanced interrogation techniques. Those guidelines, known as the "torture memos," were drafted by officials in the DOJ's Office of Legal Counsel (OLC). To lead the investigation, Holder appointed veteran prosecutor John Durham of Connecticut, previously selected by then-Attorney General Michael Mukasey to investigate the CIA's destruction of 92 interrogation tapes.

The Washington Post broke the story, reporting that "Durham's mandate ... will be relatively narrow: to look at whether there is enough evidence to launch a full-scale criminal investigation of current and former CIA personnel who may have broken the law in their dealings with detainees." The Guardian also described the investigation's scope as "relatively narrow." This announcement indicates that, "as far as this DoJ is concerned, all the torture that occurred within [the torture memos,] was 'legal,'" writes Tapped's Adam Serwer. But Spencer Ackerman of the Washington Independent see it differently: "Holder did not rule out any course of investigative or prosecutorial action."

So is Holder's announcement a validation of the torture memos? Or does the door remain open to hold the attorney-architects of the torture framework accountable?

It depends, methinks: Will the American people stand up for the rule of law, or will we let torture apologists take the day?

Predictably, those who would pledge your security in exchange for you liberties are threatening that prosecuting bad guys will lead to your death. Christy Hardin Smith distills the Republican talking points: "No matter what illegal and unethical policies we may have championed or enabled, no matter what illegal activities may have been perpetrated, no matter what agencies of the federal government we have helped to corrupt, manipulate or mangle...accountability is only for the other guys. Never, ever for us."

Since the Greatest Generation brought justice to war criminals who were "just following orders," neither American values nor the rule of law have changed. This is simply a test of our resolve to do the right thing. And the White House is leaving room to see justice done once more.

After Holder's announcement, the White House offered this statement, reprinted here in its entirety:

The President has said repeatedly that he wants to look forward, not back, and the President agrees with the Attorney General that those who acted in good faith and within the scope of legal guidance should not be prosecuted. Ultimately, determinations about whether someone broke the law are made independently by the Attorney General. [Emphasis added.]

The law is clear and unequivocal. Both treaty obligations and domestic law require full investigations and prosecutions where there is credible evidence of torture. Change.org member Alan Haggard started a pledge to urge Holder to conduct a full examination of the Bush Torture Program. Take action today. Let the Administration know that you're watching and that you demand justice.

[All opinions expressed here and at twitter.com/CitizenCassidy are solely attributable to Cassidy.]