When he srved as deputy attorney general now Attorney General Eric Holder gave a neutral leaning positive recommendation that led to President Bill Clintons pardoning of gazillionaire fugitive Marc Rich who was on the lam in Switzerland hiding from federal charges of fraud evading more than $48 million in taxes racketeering and trading oil with Iran in violation of a U.S. embargo.
Holder also had a role in the 1999 Clinton pardons of 16 Puerto Rico independence terrorists -- members of the bomb-happy FALN or the splinter group Los Macheteros -- who had been convicted on such charges as bank robbery possession of explosives and participating in a seditious conspiracy -- even though none of the 16 had applied for clemency. As the Los Angeles Times reported two of the 16 refused to accept the pardon -- as it required them to renounce violence -- while another later was killed in a shootout with federal agents.
During his confirmation hearing in January Holder refused to explain why the Clinton Department of Justice changed its earlier position against the 16 commutations -- citing President Clintons claim of executive privilege.
So youll forgive me if I dont buy into the argument that as a simple lawman Holder had no choice but to appoint a special prosecutor to investigate alleged abuses during CIA interrogations of high-value detainees.
The Clinton Justice Department didnt even make the 16 terrorists disclose pertinent information about the crimes they committed just as they tied no strings around Rich. Yet 10 years later Holders Justice Department wont give a break to CIA officials desperate to stop another terrorist attack.
Holders decision would be understandable if the CIA engaged in a pattern of brazen lawlessness and bloodlust that could be stopped only by DOJ intervention.
To the contrary the CIA waterboarded all of three high-level detainees -- then stopped in March 2003 -- when Bush White House lawyers determined the technique to be legal.
Moreover it was a CIA official who learning that some agents and contractors may have abused detainees began an investigation in November 2002 that resulted in an agency request for an inspector general probe in January 2003. Hence the 2004 report newly released by the Obama administration.
The agencys behavior isnt that of a coverup but quite the opposite. A contractor was prosecuted in 2007. John L. Helgerson the former CIA inspector general who issued the 2004 report told the New York Times that he personally would not prosecute the other cases.
The Helgerson report and other documents revealed that 9/11 mastermind Khalid Sheikh Mohammed gave up crucial information about planned terrorist attacks as a result of the CIAs detention and interrogation program. Theres no way to prove that the enhanced interrogation techniques -- also known as torture -- led to those disclosures but they may have saved lives by thwarting plans for attacks on Londons Heathrow airport to fly planes into tall buildings in California and even a plan to weaponize anthrax. The Washington Post notes that there is no proof that the attacks were imminent. OK but they were in the works.
Now the reward for those who stuck out their necks to uncover these plots is the very thing that they feared -- that their names may end up in a World Court most wanted list. As one operative told the IG Ten years from now were going to be sorry were doing this ... (but) it has to be done.
As a candidate for the White House President Obama left the door open for prosecuting alleged intelligence abuses but straddled the controversy by noting that if elected he would not want to see his tenure consumed with what might be perceived as a partisan witch hunt.
Sorry but there is no escaping that perception now.
And it doesnt help when his own attorney general was able to support the pardon of unrepentant (but left-leaning) offenders but he cant stop hounding professionals whose biggest fear was that they might fail to prevent another large-scale terrorist attack.
I dont know why Obama bothered to keep the Bush rendition policy in play -- there cant be many operatives who would be willing to so much as raise their voices during interrogations after Holder played the special-prosecutor card.
Hey all operatives have to do is read a newspaper to know that inside the Beltway in 2009 there is more outrage that agents might have threatened to kill Khalid Sheikh Mohammads kids to prevent a terrorist attack than at KSM for claiming to have beheaded Wall Street Journal reporter Daniel Pearl.
Likewise the public seems more exercised at the kill-KSMs-kids threat than at todays preferred (but necessary) method of fighting al-Qaida: lobbing missiles that sometimes kill innocent people.
If Obama truly wants to move forward as his aides contend he has the means -- as Holder well knows. Obama could use the presidential pardon to immunize CIA interrogators from the threat of criminal prosecution and end the constant flogging of serial investigations.
Its true the CIA interrogators may lack the political connections enjoyed by Rich and the FALN guys. But maybe this once Holder can overlook that.
When he srved as deputy attorney general now Attorney General Eric Holder gave a neutral leaning positive recommendation that led to President Bill Clintons pardoning of gazillionaire fugitive Marc Rich who was on the lam in Switzerland hiding from federal charges of fraud evading more than $48 million in taxes racketeering and trading oil with Iran in violation of a U.S. embargo.
Holder also had a role in the 1999 Clinton pardons of 16 Puerto Rico independence terrorists -- members of the bomb-happy FALN or the splinter group Los Macheteros -- who had been convicted on such charges as bank robbery possession of explosives and participating in a seditious conspiracy -- even though none of the 16 had applied for clemency. As the Los Angeles Times reported two of the 16 refused to accept the pardon -- as it required them to renounce violence -- while another later was killed in a shootout with federal agents.
During his confirmation hearing in January Holder refused to explain why the Clinton Department of Justice changed its earlier position against the 16 commutations -- citing President Clintons claim of executive privilege.
So youll forgive me if I dont buy into the argument that as a simple lawman Holder had no choice but to appoint a special prosecutor to investigate alleged abuses during CIA interrogations of high-value detainees.
The Clinton Justice Department didnt even make the 16 terrorists disclose pertinent information about the crimes they committed just as they tied no strings around Rich. Yet 10 years later Holders Justice Department wont give a break to CIA officials desperate to stop another terrorist attack.
Holders decision would be understandable if the CIA engaged in a pattern of brazen lawlessness and bloodlust that could be stopped only by DOJ intervention.
To the contrary the CIA waterboarded all of three high-level detainees -- then stopped in March 2003 -- when Bush White House lawyers determined the technique to be legal.
Moreover it was a CIA official who learning that some agents and contractors may have abused detainees began an investigation in November 2002 that resulted in an agency request for an inspector general probe in January 2003. Hence the 2004 report newly released by the Obama administration.
The agencys behavior isnt that of a coverup but quite the opposite. A contractor was prosecuted in 2007. John L. Helgerson the former CIA inspector general who issued the 2004 report told the New York Times that he personally would not prosecute the other cases.
The Helgerson report and other documents revealed that 9/11 mastermind Khalid Sheikh Mohammed gave up crucial information about planned terrorist attacks as a result of the CIAs detention and interrogation program. Theres no way to prove that the enhanced interrogation techniques -- also known as torture -- led to those disclosures but they may have saved lives by thwarting plans for attacks on Londons Heathrow airport to fly planes into tall buildings in California and even a plan to weaponize anthrax. The Washington Post notes that there is no proof that the attacks were imminent. OK but they were in the works.
Now the reward for those who stuck out their necks to uncover these plots is the very thing that they feared -- that their names may end up in a World Court most wanted list. As one operative told the IG Ten years from now were going to be sorry were doing this ... (but) it has to be done.
As a candidate for the White House President Obama left the door open for prosecuting alleged intelligence abuses but straddled the controversy by noting that if elected he would not want to see his tenure consumed with what might be perceived as a partisan witch hunt.
Sorry but there is no escaping that perception now.
And it doesnt help when his own attorney general was able to support the pardon of unrepentant (but left-leaning) offenders but he cant stop hounding professionals whose biggest fear was that they might fail to prevent another large-scale terrorist attack.
I dont know why Obama bothered to keep the Bush rendition policy in play -- there cant be many operatives who would be willing to so much as raise their voices during interrogations after Holder played the special-prosecutor card.
Hey all operatives have to do is read a newspaper to know that inside the Beltway in 2009 there is more outrage that agents might have threatened to kill Khalid Sheikh Mohammads kids to prevent a terrorist attack than at KSM for claiming to have beheaded Wall Street Journal reporter Daniel Pearl.
Likewise the public seems more exercised at the kill-KSMs-kids threat than at todays preferred (but necessary) method of fighting al-Qaida: lobbing missiles that sometimes kill innocent people.
If Obama truly wants to move forward as his aides contend he has the means -- as Holder well knows. Obama could use the presidential pardon to immunize CIA interrogators from the threat of criminal prosecution and end the constant flogging of serial investigations.
Its true the CIA interrogators may lack the political connections enjoyed by Rich and the FALN guys. But maybe this once Holder can overlook that.
