Secrets of the Justice Department

Former Attorney General Alberto R. Gonzales' reign in the Bush Justice Department is a sorry story that just won't end.

If you thought the scandals of the Gonzales Justice Department were a thing of the past, here comes today's extraordinary New York Times article revealing that the reality of the Bush-Gonzales Justice Department vastly exceeded what others might only dream up in their most creative fiction.

Recall what happened in December 2004. After intense criticism from advocacy groups and prolonged political wrangling, the Bush administration categorically declared, "Torture is abhorrent both to American law and values and to international norms."

Well, it turns out that shortly after Gonzales took office two months later, his Justice Department served up another, contrary opinion. But this one was in secret and, as the Times reports, "It was a very different document...an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency." The new, secret opinion "for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures."

So much for American values. The U.S. government had officially endorsed torture, in secret, of course. It was the act of a duplicitous, manipulative and shameless administration hiding its total disregard of the rule of law and American values. Later that year, yet another secret torture memo was issued, declaring that none of the CIA's interrogation methods violated the "cruel, inhuman and degrading" treatment Congress was moving to outlaw -- clearly a cynical attempt to shield those who tortured people in American custody from criminal liability and perpetuate the administration's secret and abhorrent practice of torturing detainees.

As the Times piece chronicles, these memos are the direct products of the machinations of an administration that basically "shopped" for the torture legal opinions it sought -- discarding attorneys who were not compliant, and holding close those who rubberstamped the views of Vice President Cheney by coming up with legal justifications -- no matter how far-fetched -- for torturing people.

The first 2005 secret memo was approved by Gonzales over the strong objections of Deputy Attorney General James B. Comey, who by then was on his way out because he had committed the offense of standing up for the rule of law in the Gonzales Justice Department. Comey warned his colleagues that they would all be "ashamed" when the world eventually learned of the secret endorsement of torture.

The secret is now out, but I doubt Gonzales is ashamed, because since September 11, he and President Bush have pushed and scraped and contorted every logic of law to run roughshod over our Constitution. Their contempt for human rights and civil liberties, however, are typically in softer focus than in the memos revealed today.

The revelations make it clear that it's long past time to clean up the Justice Department. At a minimum, here's what the administration must do to try to blot the latest stain on the office of the attorney general:

* Appoint an independent special counsel to investigate what appears to be an extensive, long-term pattern of misusing Justice Department authority to insulate individuals from criminal prosecution for torture and abuse.
* If appropriate, follow up on that investigation by prosecuting anyone who violated federal laws that protect detainees against torture and abuse or are in violation of U.S. obligations under international law.
* Make public all Justice Department documents permitting the use of any interrogation or detention practices that are not authorized by the Army Field Manual on Interrogations, as well as any documents interpreting or analyzing any legal prohibitions on torture or cruel, inhuman, and degrading treatment.

In the meantime, it is critically important that attorney general-designate Michael Mukasey categorically repudiate the torture memos.

America's next attorney general must take seriously his duty as our nation's chief law enforcement officer and honor his oath to uphold the Constitution. He must think and act independently of the White House. And he must swear under oath to reject these repugnant, secret torture memos, so that we can start to regain some semblance of law and order in the Department that is supposed to stand for those values -- but in this administration has too often stood for just the opposite.

Comments

[jayne]

Bravo, Anthony, but unless I'm mistaken, the neo-con artist revisionists have gotten their hands on the Army Field Manual on Interrogations, too, making their dispensation of rupture, in addition to rapture, "company policy," so to speak. The Constitution has now become just another victim of collateral damage, in more ways than one.

[bogtrotters]

The TIMES article makes me think that the only thing that might BEGIN to redeem us will be an international tribunal patterned on Nuremberg. In the docket: Bush, Cheney, Addington, Gonzales, Yoo, Rumsfeld, Franks, Wolfowitz, Tenet, Rove, and all the other dwarves. Milosevic's cell is vacant, W.

[esquire07]

"So much for American values. The U.S. government had officially endorsed torture, in secret, of course."

America has no values - send young men and women to die for Oil and Arms profits. That is American values.

Disguting. And it will get much WORSE. Especially after the first US City gets vaporized by Dick Cheney's next false flag operation.

Stupid, dumb, igonorant Americans. Still think 9/11 was pulled off by some guy in a cave ?

[nickyboy1]

Really, esquire - this is looking more and more likely. I never believed it = only 'cause the targets were largely rich or well heeled.Now I have to think on it more. We are talking of the amoral - anything short of nothing for power and $$.

[Steve Petrisky]

and remember that the Cheney-Bush administration began legislation exempting themselves from war crimes BEFORE 9-11! Like, Scooby, how did they know???

[PhantomAviator]

High crimes and misdemenors, anyone?

[CyrusBeaucephus]

no no I've heard many a troll say "If Bush does it its legal" In the New America only the poor can commit crimes--it was in one of those signing statements. We can't impeach Bush, because no one gave him a blowjob, its really that simple

go back to sleep America, nothing to see here

watch tv, have some more beer

[NATIONALSECURITY4US]

HERE IS EVEN MORE DIRT & CRIMINAL CONDUCT WORTHY OF IMMEDIATE IMPEACHMENT PROCEEDINGS...

http://360.yahoo.com/caspereraser1

[nickyboy1]

Yes - there is plenty to support impeachment. Hell, there's plenty to support hanging in the public square. The scary thing is: Why can't we do this. I don't think is wimpiness - I think they have no power.

[ZeRealBigBoss]

Bush... Bush... Bush... is what everyone is talking about. It should be clear by now that he is not smart enough but only a front puppy. The real one is Cheney, who manages so well to stay out of the spotlight while implementing his ideas.

[Austintatious]

There was a moment prior to the Bush-Kerry election when Kerry, during the course of debate and thinking his microphone was off, stated increduously regarding the Bush machine that "These people will say anything." He was expressing shock at the propensity of the Bush people to lie whenever it suited their interests. Actually, the shocking thing was that, by then, the champion of the Democratic Party would be surprised at anything coming out of the Bush camp.

I suspect that we have yet to understand the full nature and extent of harm perpetrated by the Bush/Cheney regime. They are capable of saying and doing anything to further their policies which, very simply, are to enhance the power and riches of the Republican Presidency, big business and the wealthy. They have absolutely no concern for others - certainly none for the American middle and lower economic classes.

The Bush Administration and today's Republican Party have a contempt for the Constitution and the rule of law that is unprecedented in American history. They have hurt this country irreparably and almost certainly in ways yet to be appreciated. Theirs is literally the most evil and damaging government ever to "lead" this nation. The policy and practice of torture by the Bush/Cheney government is clear and convincing evidence of that evil.

The surprising thing is not that they have so enthusiastically embraced torture or lied to the Congress and nation about it, but that much of the Congress and the nation are not appropriately outraged at their crimes. We have the opportunity, now that the secret, offensive and illegal policies of the Bush/Cheney Administration are seeing the light of day, to correct the terribly misguided course of our goverment. The question is, do we have the intellect, integrity and will to do so? There is real question that we do.

Mr. Romero, thank you for your integrity and your most important work.

[syllepsis]

Part of this story is that Bush did not make the same mistake as Nixon, and ensured that the Justice Dept provided ideal cover for his illegal activities, which are ongoing.
His ridding the Dept of Comey and Goldsmith were steps that Nixon had omitted. Gonzo's role, it seems, was to demoralize any remaining opposition to Geneva Convention outrages and Fourth Amendment flouting within the institution whose name can only be called Orwellian.
That interrogators took their cues from old Soviet torture manuals is telling. We are on the path to Soviet collapse.

[ZHarris]

All men are created equal, endowed by their creator with certain inalienable rights....

yah, yah, RIGHT!

[standforpeace]

I hear you, but why would Bush take the steps you call for when he's the source of all of the problems? . Instead of focusing on his lackeys, let's impeach the liar at the top of the heap.

[realpolitic]

These torture memos illustrate what Bush meant by faith based initiatives.

[WBum]

Only people of Bush's faith are actully full-fledged humans. The rest are something less. Therefore killing or torturing muslims or ok, it is not the same as doing that to a real christian.