January 17, 2009
She’s Right, You Know

I would work on a campaign for Elizabeth Holtzman for any office she ran for throughout her natural life. And as far beyond that as I trusted the methods by which she was kept among us. This woman understands both the legal — she was a DA in Brooklyn — and the political — she represented her New York district in the House.

What we need to do is conceptually simple. We need to launch investigations to get at the central unanswered questions of Bush’s abuse of power, commence criminal proceedings and undertake institutional, statutory and constitutional reforms. Perhaps all these things don’t need to be done at once, but over time — not too much time — they must take place. Otherwise, we establish a doctrine of presidential impunity, which has no place in a country that cherishes the rule of law or considers itself a democracy. Bush’s claim that the president enjoys virtually unlimited power as commander in chief at a time of war — which Vice President Dick Cheney defiantly reasserted just last month — brought us perilously close to military dictatorship.

As the former district attorney in Brooklyn, New York, I know the price society pays for a doctrine of impunity. Failure to prosecute trivializes and encourages the crimes. The same holds true of political abuses — failure to hold violators accountable condones the abuse and entrenches its acceptability, creating a climate in which it is likely to be repeated. The doctrine of impunity suggests, too, that there is a dual system of justice — one for the powerful and one for ordinary Americans. Because the concept of equal justice under the law is the foundation of democracy, impunity for high-level officials who abuse power and commit crimes erodes our democracy.

She points out that although Bush ignored his legal duty, “under the Geneva Conventions and the Convention Against Torture, our government is obliged to bring to justice those who have violated the conventions.”

A 9/11 kind of commission or committees of Congress must commence an investigation to get at the truth of the presidential deceptions related to the war. Whether President Bush knowingly deceived us needs to be fully explored and exposed; if he did, he will at the very least have to carry that burden of disgrace permanently. Precisely because other presidents lied about warmaking — think of Lyndon Johnson and the Gulf of Tonkin resolution and Richard Nixon and the secret bombing of Cambodia — we know that future presidents will be tempted to do the same. Investigating and exposing the role of President Bush and his team in the deceptions causing the Iraq War may discourage future presidents from taking the same path.

Similarly, investigations need to be conducted into the torture and mistreatment of detainees held by the US government. The numerous investigations ordered by Defense Secretary Donald Rumsfeld in the wake of the Abu Ghraib disclosures obfuscated the question of responsibility at the highest level. They conveniently did not probe the role of the president; vice president; Justice Department officials, including the attorney general; or other cabinet secretaries. They also did not look at the actions of the Central Intelligence Agency.

And here’s the crux of the situation.

If the investigations show that President Bush deliberately deceived the country about the Iraq War, then a determination should be made as to whether the lies are prosecutable under federal law. If so, a criminal proceeding on these grounds should be commenced.



Posted by Chuck Dupree at January 17, 2009 05:22 AM
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I would also expect that a grand jury will have the power to investigate, and to bring what indictments it finds appropriate.

Posted by: Mahakal on January 17, 2009 7:18 AM
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