A few days ago, Nick Baumann and I posted a piece reporting that Philip Zelikow, a former top aide to Condoleezza RIce at the Bush State Department, had suspected Vice President Dick Cheney's office of having tried to destroy--yes, destroy--a memo he had written in 2005 disputing the Bush Justice Department's legal rationale for warterboarding and other extreme interrogation methods (a.k.a. torture).
On Wednesday morning, Zelikow is scheduled to testify before the Senate subcommittee on administrative oversight and the courts--which is chaired by Senator Sheldon Whitehouse (D-RI). The topic: "What Went Wrong: Torture and the Office of Legal Counsel in the Bush Administration."
It's unclear as of this writing whether the subcommittee or other congressional Democrats have yet unearthed a copy of the Zelikow memo, which Zelikow doesn't have. (When you leave government service, you're not allowed to take your files--unless, of course, you're Henry Kissinger, but that's another story.)
And I doubt this subcommittee has obtained copies of other memos that Zelikow says were written about the same time as his that also raised questions about the OLC's legal reasoning. But this is the sort of stuff that needs to be gathered and studied by congressional investigators and, subsequently, shared with the public, as I noted yesterday.
The Senate intelligence committee is investigating the Bush administration's use of torture, but so far it has not held public hearings. Its work cannot be evaluated. And the breadth of its inquiry is not clear. It might be focusing on what happened within the CIA.
The crucial issue, though, is what happened at the White House. When it comes to the OLC memos, here's the question: were Bush Justice Department lawyers responding to pressure from the Bush White House? That is, did these attorneys rig the legal analysis because the president and/or the vice president told them to concoct legal cover for torture?
This is important to answer for both historical and legal purposes. The public needs to know what truly went on, as the Bush administration engaged in torture. And if there was a purposeful effort to cook up a legal rationale to protect torturers--as opposed to the good-faith rendering of a legal argument that was faulty--that could place the chefs (and their superiors) in peril.
To figure this out, congressional investigators will need to find out if any emails and memos flowed between the White House and DOJ. They will also need to interview former Justice Department and White House officials--including George W. Bush and Cheney.
The hearing with Zelikow is a start, but he's already said he doesn't know who in the White House attempted to eradicate his own memo. Whether or not there's a special prosecutor or a truth commission, congressional investigators should request all these records and start grilling the participants. And since Cheney is so eager to talk about this stuff these days, maybe they should begin with him. Given that he's called for disclosing information about the interrogation program, he shouldn't mind answering a few questions, right?
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Comments
I seen Whitehouse on Maddow's show and he seems like a sharp tack. Said they were waiting on a report from the Justice Department's Office of Professional Responsibility, so the sub-committee meeting was preliminary and will be a foundation to dig deeper on.
Here's a little more about it...
http://tinyurl.com/daaa3f
Posted by: Alan
| May 13, 2009 1:29 AM
Cheney is willing to be interrogated about his actions about as much as all of our prisoners were to be waterboarded.
Since he lacks anything resembling ethics, morals or integrity he will decline to answer questions under oath and will lie his ass off as often as possible.
Posted by: kalpal
| May 13, 2009 7:10 AM
Cheney reminds me of Col. Jessep. He is dying to answer the question: "Did you order torture?"
Sub torture for code red . . .
Kaffee: Did you order the Code Red?
Col. Jessep: I did the job I...
Kaffee: *Did you order the Code Red?*
Col. Jessep: *You’re Goddamned right I did!*
Posted by: capt
| May 13, 2009 8:57 AM
Dick Cheney: Why So Chatty All of a Sudden?
[...]
In any case, Cheney's reappearance delights Democrats — "Bring it on!" quipped a White House official Tuesday afternoon when asked about Cheney's re-emergence — and dismayed Republicans. Said one: "We're trying to turn the page and he's climbing out of the grave to haunt us."
http://www.time.com/time/politics/article/0,8599,1897850,00.html
Posted by: capt
| May 13, 2009 9:18 AM
http://pavlovianobeisance.com/nada.htm
Posted by: capt
| May 13, 2009 9:50 AM
Fmr. Powell deputy unloads on Cheney … “destroying what’s left of Republican Party” … “go home and shut up” … “five deferments” … “never served a day in the military”
http://www.dailykostv.com/w/001322/
Posted by: capt
| May 13, 2009 10:58 AM
Geithner says financial system starting to heal
http://www.reuters.com/article/newsOne/idUSTRE54C3JG20090513
****
Does it sound too much like "The fundementals are strong?"
*shiver*
Posted by: capt
| May 13, 2009 11:00 AM
Since there is no reason, based on his history, to expect that Cheney would tell the truth to a Congressional committee, a truth commission, or a special prosecutor, the only reason to call him as a witness is to give him the opportunity to perjure himself where the committee, commission, or prosecutor already has evidence.
Posted by: BruceP
| May 13, 2009 11:56 AM
Rockefeller: CIA Doc Is Wrong -- Agency Never Briefed Me Individually
Sen. Jay Rockefeller's office has released a new statement on what he was and wasn't told by the CIA about torture.
Says Rockefeller, referring to the CIA document released last week:
We are not in a position to vouch for the accuracy of the document. We can tell you that in the particular entry stating that Senator Rockefeller was briefed on February 4th of 2003 with an asterisk also noting him as later individually briefed -- that is not correct, or at least is not being reported correctly by people reading the document. The Democratic staff director attended a briefing on Feb. 4, but Senator Rockefeller was not present and was not later briefed individually by anyone in the intelligence community. He was first personally briefed by the intelligence community on Sept 4th, 2003.
http://tinyurl.com/rxw4yg
******
One more reason for a full investigation.
Let the sunshine in
Posted by: capt
| May 13, 2009 12:08 PM
The hits just keep on coming:
http://www.youtube.com/watch?v=ezYZge6YLOw
Posted by: capt
| May 13, 2009 12:25 PM
Geithner says financial system starting to heal
~~~~~~~
Hmmmm, so the Bush bailout is starting to work!
Bravo................
Posted by: freddie
| May 13, 2009 12:39 PM
PAGLIA: Talkradio seething; Sykes embarrassing; Press secretary Gibbs should have been fired over response to NYC flyover...
~~~~~~~~~~
Trouble in lib land............
Posted by: freddie
| May 13, 2009 12:41 PM
WSJ: 'The Obama administration's behavior in the Chrysler bankruptcy is a profound challenge to the rule of law'...
~~~~~~
Hmm, didn't you wing nuts accuse Bush of abusing the rule of law? Where's the outrage over the Boy Wonder?
Posted by: freddie
| May 13, 2009 12:43 PM
Since there is no reason, based on his history, to expect that Cheney would tell the truth to a Congressional committee.
~~~
Maybe Cheney can blame it on Turbo Tax like Timmy the tax cheat!
hehe
Posted by: freddie
| May 13, 2009 12:45 PM
Poll: Obama still FAILS to Beat Reagan's numbers....
A Pew Research Center study shows that Obama’s job approval rating for his first 100 days beats out both Bush’s and Clinton. But he is behind Ronald Reagan and shockingly tied with Jimmy Carter.
~~~~~~~~~~~~
Ouch, this ones gunna leave a mark on you wing nuts!
Posted by: freddie
| May 13, 2009 12:50 PM
The gift that keeps on giving................
Obama Admin. Memo: EPA Climate Science is Shaky
Wednesday, May 13, 2009 8:48 AM
By: Tom LoBianco, The Washington Times
A memo released Tuesday shows an agency within the Obama administration objected to a landmark Environmental Protection Agency ruling on global warming, arguing that it was not based on sound science and could prove costly to businesses.
The dispute concerns the EPA's so-called "endangerment finding," in which the agency has tentatively found carbon dioxide is dangerous enough as a greenhouse gas to warrant regulation under the Clean Air Act - a ruling that could force federal action to address climate change even if Congress fails to act.
Critics, including some within the administration, argue that the Clean Air Act is not an appropriate vehicle to deal with climate change and say the finding sets the stage for harmful regulations on businesses and industry.
Republicans seized upon the memo as evidence that President Obama has broken his pledge to follow science rather than politics in making policy. But an administration official said the objection came from a single office that is headed by a Bush administration holdover.
Posted by: freddie
| May 13, 2009 12:53 PM
BUSTED!!!!!!
Source says Nancy Pelosi was told by intelligence officer of waterboarding
From Deirdre Walsh
CNN Congressional Producer
WASHINGTON (CNN) -- A source close to House Speaker Nancy Pelosi now confirms that Pelosi was told in February 2003 by her intelligence aide, Michael Sheehy, that waterboarding was actually used on CIA detainee Abu Zubaydah.
Source says Nancy Pelosi didn't object about waterboard usage because she wasn't personally briefed about it.
This appears to contradict Pelosi's account that she was never told waterboarding actually happened, only that the administration was considering using it.
Posted by: freddie
| May 13, 2009 12:59 PM
WHITE HOUSE REVERSES POSITION ON DETAINEE PHOTOS, WILL 'OBJECT' BECAUSE OF NATIONAL SECURITY...
Damn, The wing nuts Dear Leader did something right for once!
Got give him due when he deserves it!!!
Posted by: freddie
| May 13, 2009 4:44 PM
OBAMA REVERSES POSITION ON DETAINEE PHOTOS...
ACLU sharply critical...
Cheney 1
Obama 0
Posted by: freddie
| May 13, 2009 4:55 PM
Fredo, you're such a sucker. If you'd stop and THINK about the crap you post, you'd know better. Here's a couple examples...
1. Memo: EPA Climate Science is Shaky --- it's an UNSIGNED and UNDATED 'memo' someone typed up to fool suckers like you. The article stated as much, saying it was an OPINION and most likely LEFT OVER FROM THE PREVIOUS ADMININSTRATION. I'll type this part slow so you'll have a chance at understanding... it's not a scientific report and NOONE stands behind it with their signature.
2. Source says Nancy Pelosi was told by intelligence officer of waterboarding --- Let's get this straight, Pelosi's EX-aide who was then passed down to Harman says he was 'read in' on classified info but two of the highest people in Congress weren't? Who believes that shit? Only you and non-thinkers like you.
Keep it up Fredo, you're a laugh-a-minute.
Posted by: Alan
| May 13, 2009 7:43 PM
GOP Strategists to Cheney: Enough, Already
Some are concerned Cheney will be seen as the spokesman for the party
Enough, already. That's the reaction of many Republicans to Dick Cheney's surge of media appearances to defend the Bush administration, especially on national security issues. "I don't think anybody would call him and say, 'Shut up.' It wouldn't work," says a GOP strategist who formerly advised Ronald Reagan. "He obviously feels that his work as vice president is under attack. But he is not our best spokesman." The concern among Republican strategists is that the public will think Cheney is speaking for the GOP, and this won't be helpful because the former vice president remains an unpopular figure across the country. Another prominent GOP strategist says Cheney should lower his visibility and give younger party leaders a chance to take the spotlight.
http://tinyurl.com/qjgw5e
Posted by: capt
| May 13, 2009 10:50 PM
Looks like they found the person who wrote that memo. That he's NOT a scientist is not surprising at all.
=================
The author of the skeptical comments forwarded by the OMB was Joseph M. Johnson, a Bush administration holdover in the Small Business Administration’s Office of Advocacy. In 2005, Johnson joined the SBA from the Mercatus Center, an anti-regulatory think tank founded by right-wing pollution giant Koch Industries.
http://tinyurl.com/qostgl
Posted by: Alan
| May 13, 2009 10:54 PM
The last line from the previous link...
To sum: a small independent agency chartered to help small businesses was responsible for a single dissenting warning transmitted to the EPA by the Obama administration. No other government agency shared the same concerns.
Posted by: Alan
| May 13, 2009 10:57 PM
Senate Judiciary Committee chairman Patrick Leahy:
"Since Judge Bybee, through his lawyers, has declined to testify before the Committee at this time about his role in the drafting and authorization of memoranda from the Office of Legal Counsel that permitted torture, I can only presume that he has no exonerating information to provide. Judge Bybee must know that the presumption in our civil law is that when a person fails to come forward with information in his possession that is relevant to a matter, it is presumed to be because the information is negative and not helpful to his cause.
Testifying voluntary before the Judiciary Committee about these now-public memoranda is one way in which Judge Bybee could have helped complete the record of what happened and why but he refused. This is especially inappropriate given that Judge Bybee has hardly maintained silence about these matters".
Posted by: Alan
| May 13, 2009 11:13 PM
Judge Bybee was an eager sycophant who, as a DOJ attorney, apparently was willing to do or say almost anything in order to get himself appointed to the bench.
Posted by: Antidote
| May 14, 2009 2:38 AM
Cheney's Role Deepens
Former NBC News investigative producer Robert Windrem reports that the vice president’s office suggested waterboarding an Iraqi prisoner who was suspected of knowing about a relationship between al Qaeda and Saddam.
Robert Windrem, who covered terrorism for NBC, reports exclusively in The Daily Beast that:
*Two U.S. intelligence officers confirm that Vice President Cheney’s office suggested waterboarding an Iraqi prisoner, a former intelligence official for Saddam Hussein, who was suspected to have knowledge of a Saddam-al Qaeda connection.
*The former chief of the Iraq Survey Group, Charles Duelfer, in charge of interrogations, tells The Daily Beast that he considered the request reprehensible.
*Much of the information in the report of the 9/11 Commission was provided through more than 30 sessions of torture of detainees.
http://tinyurl.com/ojzrea
Posted by: capt
| May 14, 2009 9:39 AM
Hey Alan:
Cheney - 2
Obama - 0
~~~~~~~~~~~~~~~~~
Obama Considers Detaining Terror Suspects Indefinitely Article
By EVAN PEREZ
WASHINGTON -- The Obama administration is weighing plans to detain some terror suspects on U.S. soil -- indefinitely and without trial -- as part of a plan to retool military commission trials that were conducted for prisoners held in Guantanamo Bay, Cuba.
The proposal being floated with members of Congress is another indication of President Barack Obama's struggles to establish his counter-terrorism policies, balancing security concerns against attempts to alter Bush-administration practices he has harshly criticized.
Posted by: freddie
| May 14, 2009 12:18 PM
Hey Alan,
You're the only left wing nut buying Pelosi's butchered versions (4th version out today) of knowing Bush Admin tortured and supporting them for doing so~
Posted by: freddie
| May 14, 2009 12:20 PM
Cheney is single handidly schooling the Boy Wonder and his left wing nut lackeys and the're going f_cking crazy!!!
Too Funny!!!!
Posted by: freddie
| May 14, 2009 12:23 PM
You know, Fredo, your delusions actually compete with my brother's. He was schizophreic, though. What's your excuse?
Posted by: flan
| May 14, 2009 12:47 PM
Lawrence Wilkerson Drops an Iraq-Torture Bombshell
http://tinyurl.com/r9lju6
Posted by: capt
| May 14, 2009 12:49 PM
Ilene,
Do you not keep up on current events dear?
1.Obama reverses campaign promise and keeps rendition.
Cheney - 1
Obama -0
2. Obama reverses earlier decision and dosen't release torture photos.
Cheney - 2
Obama - 0
3. Obama now considering keeping detainees indefinitely.
Cheney - 3
Obama - 0
4. Pelosi lies for 4th time about what she knew and when she knew it on torture.
Cheney - 4
Obama - 0
I will leave any comment about you and your twin brother out of this discussion - out of respect for him.
Posted by: freddie
| May 14, 2009 1:03 PM
"I will leave any comment about you and your twin brother out of this discussion - out of respect for him."
Fredo - at least you have that much going for you, that seems to be your only redeeming quality.
Posted by: flan
| May 14, 2009 1:16 PM
House Speaker Nancy Pelosi's (Calif.) assertion at a press conference this morning that the Bush administration and the Central Intelligence Agency misled her and the Congress regarding the treatment of suspected terrorists adds further fuel to the fire on an issue that has been on a low boil for weeks.
Asked whether she was accusing the CIA of lying to her during a 2002 briefing on the use of so-called "enhanced interrogation techniques," Pelosi said: "Yes, misleading the Congress of the United States, misleading the Congress of the United States. I am."
~~~~~~~~~
Pelosi - Schizophreic- no
Pelosi - Dementia - yes
Dementia is a non-specific illness syndrome (set of signs and symptoms) in which affected areas of cognition may be memory, attention, language, and problem solving. Higher mental functions are affected first in the process. Especially in the later stages of the condition, affected persons may be disoriented in time (not knowing what day of the week, day of the month, or even what year it is), in place (not knowing where they are), and in person (not knowing who they are or others around them).
Posted by: freddie
| May 14, 2009 1:30 PM
1. Rendition - not good that it is still going - but it's a bad thing no matter who does it so scoring points for Cheney doesn't make sense
2. Torture photos - see #1
3. Detainees - he's weighing his options - no decision yet and also see #1
4. Others have backed up Pelosi's claims. I will not concede anything on this yet.
The fact is, Obama inherited this crap from Cheney/Bush. I will not support bad ideas no matter who is in power, but to give Cheney "points" as if he is proven right on the issue if Obama continues these bad policies is load of BS
Posted by: flan
| May 14, 2009 1:37 PM
Ilene,
I knew you could say something nice for once!
We both know you can't get enough of me!
I have twins and would not ever want either of them to go through what you have with your brother! You have my respect and admiration when it comes to your comittment to mental health issues on his behalf.
Now that's the last time I ever say anything nice about a left wing nut!
Posted by: freddie
| May 14, 2009 1:39 PM
Same back atcha Fredo! I have also have twins so unfortunately we have that in common.
Posted by: flan
| May 14, 2009 1:43 PM
Ilene,
Obama didn't inherit anything!
He wanted to President and made his own decision to take over Bushs problem by his choice on the presumption that he could fix everything.
If you inherit something it is not by choice, it is:
To inherit something is to get it from one's ancestors through legal succession (e.g., "inherit the throne"), or through a bequest (e.g., "inherited money from his deceased aunt"), or from genetic transmission (e.g., "inherited color-blindness from his father").
Please quit using dem talking points that are incorrect!!
Posted by: freddie
| May 14, 2009 1:45 PM
Wow,
Twins usually skip a generation. That's very unusual.
Posted by: freddie
| May 14, 2009 1:48 PM
1. Rendition - not good that it is still going - but it's a bad thing no matter who does it so scoring points for Cheney doesn't make sense
Just pointing out that Obama has flip flopped and no one here (except for you) wants to hold him accountable but have no problem prosecuting Bush and cronies. If you want to investigate Bush, I'm ok with that as long as you include Pelosi and the Dems. I can't stand a politician thats a bold face liar- dem or repub.
Posted by: freddie
| May 14, 2009 1:52 PM
"The Clinton Manufacturing Recession - Bush inherited this job-challenged economy. "
This was the title of an article supporting Bush. The use of the word "inherited" is not a "left" or "right" wing talking point...
http://www.freerepublic.com/focus/f-news/912636/posts
Posted by: flan
| May 14, 2009 1:57 PM
" Some of the worst things that happened you don't know about, okay? Videos, um, there are women there. Some of you may have read that they were passing letters out, communications out to their men. This is at Abu Ghraib ... The women were passing messages out saying 'Please come and kill me, because of what's happened' and basically what happened is that those women who were arrested with young boys, children in cases that have been recorded. The boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has. They are in total terror. It's going to come out."
salon.com
Posted by: capt
| May 14, 2009 2:39 PM
Seymour Hersh: Children raped on camera in front of women at Abu Ghraib. How bad are these photos?
http://tinyurl.com/pdegjp
Posted by: capt
| May 14, 2009 2:59 PM
Senator Bob Graham: The CIA Made Up Two Briefing Sessions
http://tinyurl.com/o2qlep
Posted by: capt
| May 14, 2009 3:01 PM
I laughed with utter abandonment when John Boehner opined that the CIA would never lie to or mislead anyone in our government.
Which universe does he occupy? Not the one I live in, where the CIA freely admits that its agents commit at least 100,000 felonies each year for which they are never indicted, tried or punished for.
Next election cycle Boehner should run America's greatest fool. He no longer belongs in Congress.
Posted by: kalpal
| May 15, 2009 8:37 AM
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