Schakowsky On Torture: "Just Following Orders" A Historically Bogus Argument

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04/17/09 05:14 PM

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Rep. Jan Schakowsky (D-Ill.), a top Democrat on the intelligence committee, dismissed President Obama's defense of CIA officials who tortured detainees under orders from the White House.

Obama, who released details of the torture practices Thursday, said that CIA personnel acting on the legal advice of the Bush administration would not come in for "retribution."

Schakowsky, in an interview with the Huffington Post, says she's heard that argument before. "This notion that 'I was just obeying orders' -- I don't want to compare this to Nazi Germany, but we've come to almost ridicule the notion that when horrific acts have been committed that people can use the excuse that, 'Well, I was just following orders,'" she says.

Schakowsky is chairwoman of the House Permanent Select Committee on Intelligence's Subcommittee on Oversight and Investigations. Schakowsky said that she has yet to speak to the committee chairman, but has instructed her staff to begin an investigation into the allegations if the full committee does not.

"There should be an open mind of what to do with information that we get from thorough investigations," she says.

Schakowsky also notes that the administration's emphasis on looking to the future rather than the past defies logic. If criminal prosecutions only looked to the future, there could be no criminal prosecutions.

"All crimes are in the past, right? So, obviously if you're prosecuting crimes, it's not something that's going to be done, it's something that's been done," she says.

Private contractors who tortured detainees, however, might not get the same immunity that CIA officials have coming their way. Schakowsky says she spoke with Deputy Attorney General David Ogden on Thursday. He told her that the Justice department is "still examining" whether to provide the same immunity to contractors. (A justice department spokesman didn't immediately return an e-mail from the Huffington Post.)

"In general, I think that contractors need to be held accountable for what they do, but particularly the inventors of the program," says Schakowsky, referencing two psychologists highlighted in Jane Mayer's investigation of Guantanamo, who developed the program of torture.

Reading the memos authorizing specific forms of torture, says Schakowski, is difficult for her to do. "Best to read these things in the morning," she says. "How dark can the dark side get?"

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Filed by Ryan Grim

Rep. Jan Schakowsky (D-Ill.), a top Democrat on the intelligence committee, dismissed President Obama's defense of CIA officials who tortured detainees under orders from the White House. Obama, who ...
Rep. Jan Schakowsky (D-Ill.), a top Democrat on the intelligence committee, dismissed President Obama's defense of CIA officials who tortured detainees under orders from the White House. Obama, who ...
 
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- somsoc I'm a Fan of somsoc 58 fans permalink
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I think we are seeing the Democratic Party developing a strong voice and getting stronger each day. Thank you Rep. Schakowsky for your courage and for stating the facts that Pres. Obama has been glossing over.
1. "I was only following orders" is never ever a defense to a war crime. 2. All criminal acts are in the past and are prosecuted as "we move forward" it is that act of prosecution that defines our moral limits.

    Favorite    Flag as abusive Posted 12:01 PM on 04/19/2009

Schakowsky should shut the hell up - the intelligence committee was briefed on each instance of enhanced interrogation before it occurred, and she chooses to speak up NOW, 5 years later? What a partisan hack.

    Favorite    Flag as abusive Posted 11:51 AM on 04/19/2009
- LMPE I'm a Fan of LMPE 60 fans permalink

If you walk off of a cliff because someone told you to, what does that constitute?

    Favorite    Flag as abusive Posted 08:35 AM on 04/19/2009
- somsoc I'm a Fan of somsoc 58 fans permalink
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Stupidity

    Favorite    Flag as abusive Posted 12:02 PM on 04/19/2009
- Jezreel I'm a Fan of Jezreel 62 fans permalink
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The U.S. has already punished low-level members of the military for carrying out orders that were issued by the Bush Administration. Punishing the CIA agents who were following orders would be repeating the same mistake. Every employee has the right to expect their superiors to act in good faith, especially when their orders are backed up by legal memorandums.

No employee should be punished after the fact by a susequent employer who disagrees with the original orders.

Moreover, according to some reports, most legal analyst do not believe the CIA agents would be found guilty of wrongdoing in a court of law unless they committed acts that were not covered in the legal memorandums.

On the other hand, Senior Administration officials have made it clear that neither President Obama's statement nor Attorney General Holder's words were meant to foreclose the possibility of prosecuting CIA officers who did NOT act in good faith, or who did not act according to the guidelines spelled out by the OLC.

So it's not correct to say that the administration granted blanket immunity to anyone.

Source: http://politics.theatlantic.com/2009/04/no_immunity_for_bad_faith_interrogators.php

    Favorite    Flag as abusive Posted 05:18 AM on 04/19/2009
- Jezreel I'm a Fan of Jezreel 62 fans permalink
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OK. Rep. Schakowsky, should begin an investigation or file a criminal complain against the CIA operatives. There isn't anything stopping her.

    Favorite    Flag as abusive Posted 03:43 AM on 04/19/2009

The U.S. is no longer a nation of laws if torture goes unpunished. The ramifications of that will be felt for a generation in every segment of gov't and the economy as Americans and the people of the world with even a semblance of a conscience will never forget it.

    Favorite    Flag as abusive Posted 12:26 AM on 04/19/2009
- cjt1957 I'm a Fan of cjt1957 19 fans permalink

This legal opinion comeing from a woman whose husband was convicted of fraud,Tax evasion, and swindling 9 financal institutions out of 2.3 million. Should she be in office?

    Favorite    Flag as abusive Posted 12:05 AM on 04/19/2009
- lizr I'm a Fan of lizr 221 fans permalink
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Good for her!!! they're not all corrupt up there!

Schakowsky for higher office.

Someone who hasn't lost her moral sense in DC is refreshing.

    Favorite    Flag as abusive Posted 10:24 PM on 04/18/2009
- al343806 I'm a Fan of al343806 2 fans permalink

I know Ms. Schakowsky and she is one of those politicians that is still concerned about her constituents. An excellent woman and a great person to have in Washington. So in that sense, I completely agree with you.

I've worked in Illinois politics and I can say that there was a lot of buzz that Blagojevich was going to choose her to replace Barack. Either that, or someone who would just run for one term so that Blago could swoop in and take the seat after he was done being governor (yeah, right). Well, we all know how it turned out. I wish that we could oust Burris and hold a special election here in Illinois. Jan would win by a landslide!

    Favorite    Flag as abusive Posted 11:37 AM on 04/19/2009

WANTED a Special Prosecutor.

    Favorite    Flag as abusive Posted 08:59 PM on 04/18/2009
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"I only work here," otherwise known as the Nuremburg defense.

    Favorite    Flag as abusive Posted 08:15 PM on 04/18/2009
- lungfish I'm a Fan of lungfish 106 fans permalink
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"I was just following orders." didn't work for Eichmann and the Wafen SS and it shouldn't work for the CIA. Where were the partiots that uphold the fine principles that America stands for? Abdicating their responsibility, committeing kidnap, torture and murder against people who were not even known to be guilty of anything and in many cases are known now to have been innocent.
CIA interrogators are very intelligent people who are required to know the legal boundaries of their actions and when waterboarding became so widespread that they couldn't provide enough hypocritical Doctors to monitor them, there should have been resignations and whistleblowers galore... those who didn't stand up against toture and murder should be held accountable for it.

    Favorite    Flag as abusive Posted 08:15 PM on 04/18/2009
- somsoc I'm a Fan of somsoc 58 fans permalink
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Hey, I bet all of those who did the torture and who wrote the memos like Bybee and Yoo wore flag pins in their lapels. Any bets?

    Favorite    Flag as abusive Posted 12:06 PM on 04/19/2009
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Defend me Barack, and prosecute the torturers and those who gave them the orders!

    Favorite    Flag as abusive Posted 07:49 PM on 04/18/2009
- cjt1957 I'm a Fan of cjt1957 19 fans permalink

Just as Clinton gave Nixon a State funeral, and Clinton knew he would want a state funeral of his own, Obama knows that he too will be in the possition of spending the rest of his life defending the illegal things he is doing while in office...

    Favorite    Flag as abusive Posted 12:08 AM on 04/19/2009
- Jezreel I'm a Fan of Jezreel 62 fans permalink
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"Just as Clinton gave Nixon a State funeral, and Clinton knew he would want a state funeral of his own, Obama knows that he too will be in the possition of spending the rest of his life defending the illegal things he is doing while in office..."

And what evidence do you have that President Obama has done or is currently doing anything illegal? Furthermore, what are you using to predict how the President will spend the rest of his life? A chrystal ball?

    Favorite    Flag as abusive Posted 03:41 AM on 04/19/2009
- Graywolf48 I'm a Fan of Graywolf48 78 fans permalink
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This is what happens when your President has no political courage and is willing to compromise his moral beliefs for political expediency. This is not the first case of back tacking on campaign promises and stated policy goals by this administration, nor will it be the last. I think many people are disappointed and many more realize this President's feet are made of clay.

    Favorite    Flag as abusive Posted 07:31 PM on 04/18/2009
- cjt1957 I'm a Fan of cjt1957 19 fans permalink

What makes you think Obama has morals to compromise?

    Favorite    Flag as abusive Posted 12:06 AM on 04/19/2009
- Jezreel I'm a Fan of Jezreel 62 fans permalink
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What makes you think he doesn't?

    Favorite    Flag as abusive Posted 05:00 AM on 04/19/2009
- solarian I'm a Fan of solarian 15 fans permalink

I was just following orders BS you broke the law you go to jail

    Favorite    Flag as abusive Posted 07:19 PM on 04/18/2009
- jazzman I'm a Fan of jazzman 229 fans permalink
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"Schakowsky also notes that the administration's emphasis on looking to the future rather than the past defies logic. If criminal prosecutions only looked to the future, there could be no criminal prosecutions."

Truer words were never spoken. Shame on a legal scholar like Obama for using that logic in relation to allowing past crimes to be passed over and let those responsible off the hook. He was the head of the Harvard Law Review. He should know better.

    Favorite    Flag as abusive Posted 07:09 PM on 04/18/2009
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