AP: Obama Unlikely To Seek Torture Charges

Advisers Tell AP He'll Set Up Panel To Probe Interrogations, But Criminal Charges Unlikely

(CBS/AP)  President-elect Barack Obama's coming administration is unlikely to bring criminal charges against government officials who authorized or engaged in harsh interrogation of terrorist suspects during the George W. Bush presidency.

Obama, who has criticized the use of torture, is being urged by some constitutional scholars and human rights groups to investigate possible war crimes by the Bush administration.

Two Obama advisers told the Associated Press there is little chance if any that the next president's Justice Department will go after anyone involved in authorizing or carrying out interrogations that provoked worldwide outrage.

The advisers spoke on condition of anonymity because the plans still are tentative. A spokesman for Obama's transition team did not respond to AP requests for comment Monday.

Additionally, the question of whether to prosecute may never become relevant; Bush could issue pre-emptive pardons to protect those involved before he leaves office.

Obama replaces Bush as president on Jan. 20.

Obama has committed to reviewing interrogations on al Qaeda and other terror suspects. After he takes office, Obama is expected to create a panel modeled after the 9/11 commission to study interrogations, including those during which waterboarding and other tactics that critics call torture were used. The panel's findings would be used to ensure that future interrogations were undisputedly legal.

The 9/11 commission studied government actions before and after the Sept. 11, 2001, terror attacks on the United States and recommended changes to correct shortcomings and prevent similar strikes.

"I have said repeatedly that America doesn't torture, and I'm going to make sure that we don't torture," Obama told 60 Minutes' Steve Croft in his first national television interview since the Nov. 4 elections put him in line to become the United States' 44th president. "Those are part and parcel of an effort to regain America's moral stature in the world."

Obama's most ardent supporters are split over whether he should prosecute Bush officials.

Senate Judiciary Chairman Patrick Leahy, a Democrat, was asked during a radio interview over the weekend whether Bush administration officials would face war crimes allegations. "In the United States, no," Leahy said. "These things are not going to happen."

Robert Litt, a former top Justice Department prosecutor in the last Democratic administration, under President Bill Clinton, said Obama should focus on moving forward with anti-torture policy instead of looking back.

"Both for policy and political reasons, it would not be beneficial to spend a lot of time hauling people up before Congress or before grand juries and going over what went on," Litt said at a Brookings Institution discussion about Obama's legal policy. "To as great of an extent we can say: the last eight years are over; now we can move forward. That would be beneficial both to the country and the president, politically."

Michael Ratner, a professor at Columbia University Law School and president of the Center for Constitutional Rights, said prosecuting Bush officials is necessary to set future anti-torture policy.

"The only way to prevent this from happening again is to make sure that those who were responsible for the torture program pay the price for it," Ratner said. "I don't see how we regain our moral stature by allowing those who were intimately involved in the torture programs to simply walk off the stage and lead lives where they are not held accountable."

In the years after the Sept. 11, 2001, terror attacks, the White House authorized U.S. interrogators to use harsh tactics on captured al Qaeda and Taliban suspects. Bush officials relied on a 2002 Justice Department legal memo to assert that its interrogations did not amount to torture, and therefore did not violate U.S. or international laws. That memo has since been rescinded.

At least three top al Qaeda operatives - including 9/11 mastermind Khalid Sheik Mohammed - were waterboarded in 2002 and 2003 because of intelligence officials' belief that more attacks were imminent. Waterboarding, which creates the sensation of drowning, has been traced back hundreds of years and is condemned by nations worldwide.

Bush could take the issue of criminal charges off the table with one stroke of his pardons pen. Many presidents grant pardons as a final executive exercise before leaving office, and under the U.S. Constitution, the president's power to issue pardons is absolute and cannot be overruled.

Whether Bush will protect his top aides and interrogators with pre-emptive pardons, even before they have been charged, has become a hot topic of discussion in legal and political circles in the administration's waning days. White House deputy press secretary Tony Fratto would not discuss the issue on Monday.

Pre-emptive pardons would be highly controversial, but former White House counsel Arthur B. Culvahouse Jr. said it would protect those who were following orders or otherwise trying to protect the nation.

"I know of no one who acted in reckless disregard of U.S. law or international law," said Culvahouse, who served under President Ronald Reagan, like Bush a Republican. "It's just not good for the intelligence community and the defense community to have people in the field, under exigent circumstances, being told these are the rules, to be exposed months and years after the fact to criminal prosecution."

The Federalist Papers, documents intended to entice holdouts to accept the Constitution in the late 1700s, discourage presidents from pardoning themselves. It took former President Gerald Ford to clear his predecessor, President Richard Nixon, of wrongdoing in the 1972 Watergate break-in and subsequent White House misdeeds.

[wardoglrs]

Change you can Believe in?. If you want CHANGE then stop looking for government to give it to you when you have had the power all this time. These people are Punks liars & thieves.

They have been since the beginning they are an illusion for the masses to keep you in order to keep you Dumb Downed to the truth.

Your money is counterfeit printed on a machine with no value backing it and your broke. America is the con on the street who conned the world in to debt through a bank called the Federal Reserve a Israeli
think tank of economist with dreams of destruction
through a Fractured Banking system unbeknown to the people.

Dr Paul''s message is very clear I suggest you read it

[skeezix06]

If you aren''t going to seek charges against those who planned and engaged in torture, I just have to ask what would be considered serious enough or immoral enough to require criminal charges?

[skeezix06]

Addition: Can you say above the law?

[harbinger09]

Why have a probe if there will be no repercussion? A country is only as noble as admitting their mistakes and punishing their evil doers. When the message is --"we know evil was done, but it is in the past" future despots and monsters know they can do similar acts with impunity.

Politically, punishing Bush and co may be a bad thing--but morally and for the sake of the world it would be healing and cathartic indeed.

Who knows--it might even make the next terrorist attack by those who are tired of America''s double standards and actions unncessary. The fact is--if we fail to police our own, those who were the victims of our country will have vendettas to be met.

[evian_ycnan]

"Why have a probe if there will be no repercussion?"

It`s simple Harbinger, if there is a probe, then facts will be established. The Hague will takeover with international charges of war crimes and human rights violation.

By the time the Bush Depression is in full swing (bread lines, soup kitchens, and Potter`s fields filling to capacity) Bush won`t have a single supporter and he`ll be frog-marched to the Netherlands.

Obama will be too busy trying to save the lives of 50% of America to mess with Bush.

[babooph]

The"rule of law" he spoke so clearly on is now very c
louded!!

[bjcone8559]

Most people who love America and understand what they have done would love to see Bush, Cheney, Rove, Rumsfield, Wolfowitz, Pearle, Crystal and their ilk in front of a firing squad. To persue and prosecute them, though, would surely stir up the intellectually challenged lemmings who still mindlessly follow them. It is a sad thing, but our nation has been so damaged by these criminals that we could not withstand the turmoil that would be created by bringing them to justice.

[kesac4650]

Unpleasant interrogation methods don''t equate to torture. Using phsychological methods and scaring the enemy goes back to the dawn of time and has never been treated as illegal.

[nokia3210c]

MY OPINION:- WHAT GOES AROUND COMES AROUND. BUSH ADMINISTRATION INVADED, KILLED, MAIMED, DISORIENT A LEGALLY ELECTED IRAQI GOVERNMENT BY THE PRETEX THAT SADDAM HUSSEIN HABOURS AND SPONSORS THE 911 TERRORISTS; AND ALSO HE HAD SEVERAL WMD, AND SO HE WAS IMPRISONED AND FINNALLY HUNGED. BUT WE ALL KNOW IT WAS NONE OF THE ABOVE BUT RATHER THE OIL AND ISRAEL INTERESTS. NOW IT''S PAY BACK TIME. I THINK BHO SHOULD INVESTIGATE ALL OF THE ABOVE, INCLUDING WHO PLANNED AND EXECUTED 911. THE ''MORAN'' GEORGE WAKLER BUSH NEVER IMAGINED THAT ONE DAY HE WILL LEAVE THE WHITE HOUSE. THE TRUTH ONE DAY WILL COME OUT SOONER OR LATER. JUSTICE MUST BE FROM WITHIN IF THE PRESIDENT-ELECT WANTS THE WORLD TO BELIEVE IN HIM AS FROM HIS CAMPAIGN SLOGANS "CHANGE WE CAN BELEIVE IN" AND "YES WE CAN". MY APPEAL TO MR PRESIDENT-ELECT, ON BEHALF OF THE MUSLIM WORLD, PLEASE COULD YOU UNRAVELLED THE TRUTH ABOUT 911. THOSE WRONGFULLY IMPRISONED AT GITMO NEED TO KNOW THE TRUTH AND THEIR PARENTS AND KIDS TO SEE THEM BACK TO THEIR HOMES ALIVE TO START AFRESH AND LIVE A HAPPY LIFE THEREAFTER. THANKS YOU, MR PRESIDENT, FROM THE BOTTOM OF MINE AND THE MUSLIM WOLRD HEARTS.

[connapa]

Now, when was the last time we heard "We were just following orders"? During the Nuremberg tribunals, perhaps? Unfortunately, this issue will have to be resolved in the international courts. And just like with the Nazis, it may take decades to find and try all parties involved. Presidential preemptive strikes may delay the process and preclude justice at a national level, but the truth will out. Justice may be delayed, but it will come.

[platteman]

George W. Bush is the greatest president since Ronald Regan. He saved the USA and no matter what any of you left wing nut jobs think, when your family members are killed in the next terror attack, there will be another one under Omama, you all will be crying your eyes out and wondering when someone will do something. Obama won''t lift a finger to do anything. He and Jimmy Carter, two of the worst ever will run the USA into the ground and the greatest depression will come to your doorsteps and all of you will wish for change, change that you voted for and got.

Empty suits are just that,Obama is an empty suit and others are running the show.

[tincup356]

what happened to change? I can already see Washington taking care of its own....and continuing the biggest lie government on earth.I thought Obama was going to give us change?...looks like change of party but no change in Washington ...again.If Obama really means change it must mean making amends from the damage done by our government or else it means nothing but words.Torture by bush and company was wrong and charges should be made if not the new change in Washington is nil.

[tincup356]

to platteman. there wont be another attack bush is leaving office....we were not attacked by terrorists from another country anyway .We never were under attack by who they said we were.all inside work by our own government to justify war nothing else.

[armydog2]

Since bush is still president the change has yet to happen and won''t until President Obama takes the oath of office.
This is just the press guessing what Obama''s moves will be, he probably doesn''t want bush to give an overall pardon covering himself and all his cronies.
Do not underestimate Obama, if he chooses to go after these thugs or not it will be the right thing for this Country, he will weigh the pros and cons of it before he makes a decision. The smart thing to do.

[irmcvet97]

George W. Bush is the greatest president since Ronald Regan. He saved the USA and no matter what any of you left wing nut jobs think, when your family members are killed in the next terror attack, there will be another one under Omama, you all will be crying your eyes out and wondering when someone will do something. Obama won''''t lift a finger to do anything. He and Jimmy Carter, two of the worst ever will run the USA into the ground and the greatest depression will come to your doorsteps and all of you will wish for change, change that you voted for and got.

Empty suits are just that,Obama is an empty suit and others are running the show.

Posted by Platteman at 07:00 AM : Nov 18, 2008

You fascist are getting a wee bit carried away with a statement that Criminal Charges MAY NOT be coming for the most criminal Leader this nation has ever had. Don''t hold your breath on that one sparky, many a con has fallen for that ploy... LOL My bet? The Liar in Chief will STILL attempt, even though the Obama Team has indicated there will be no charges forthcoming, some sort of blanket pardon. You people are very bright are you??

[irmcvet97]

Empty suits are just that,Obama is an empty suit and others are running the show.


----------------------------------
----------------------------------------
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Posted by Platteman at 07:00 AM : Nov 18, 2008


They didn''''t listen, they believed the lies!

Posted by kevinkkloste at 07:17 AM : Nov 18, 2008


Let''s all hope the criminal elements in this Administration are as stupid as you poor sheep appear to be!! LOL

[irmcvet97]

Everyone of you who care about Truth and Justice in this Nation had better hope that Bush and the Fascist buy this. My bet? Bush will protect himself and all concerned with a Blanket Pardon. He KNOWS that any commission WILL come up with Criminal Conduct and he KNOWS he will be neck deep in that Conduct. When the Criminal Conduct IS found, the public disgust with Bush and his Administration, His Party who sat by and did NOTHING, and a Justice Department that became an arm of the Republican Party will be so great that charges will almost be automatic!

[smurfcrusher]

We cannot afford to condone torture by not punishing it.

Yes, it would be painful. But it would not be torturous.

Don''t set a precedent of America condoning torture.

NOBODY must be above the law.

[omnibus66]

It''s absolutely amazing. Obama has been President for minus two months now, and the Neocons are whining that there haven''t yet been any of the changes he promised.

Why don''t you all just hold your tongues and wait until he actually takes office. Seems like that would indeed be a novel idea, don''t ya think?

But then, who would expect the Bush boot-lickers to actually think? They haven''t shown any capacity to think for the past eight years, why would they change now?

[bks59]

The World Court, Hague Netherlands is the appropriate place to have hearings about alleged US acts of torture and other war crimes, i.e. invading a country without cause.

[nokia3210c]

BY THE WAY IF MELOSEVIC, TAYLOR, SADDAM HUSSEIN, HITLER, IDI AMIN, WERE ALL INDICTED FOR HUMAN GENOCIDE, I THINK IT IS COMMON LOGIC THAT BUSH AND HIS CRONIES RUMSFED, ''***'' CHINNEY, WOLFWITZE AND THE ISRAEL SUPREMACISTS SHOULD FACE THE SAME CHARGES AND EVEN MORE. THEY BROUGHT DESTRUCTION INTO A COUNTRY THAT WAS PEACEFUL, KILLED MILLIONS AND MAIMED MILLIONS OF INNOCENTS WOMEN, KIDS AND THE ELDERLIES. KILLING OF INNOCENTS BY ANY NAME OR COURSE OR IDEOLOGY REMAINS GENOCIDE, SIMPLE AND CLEAR.THERE SHOULD BE EXCUSE FOR, "THEY WERE CASUALTIES OF A RIGHTFUL COURSE", AS THEY WILL SAY. IF IT''S THAT THEN EVERYBODY HAS A RIGHTFULL COURSE OF HIS/HER ACTIONS!!!

[hairyonetooo]

The Federalist Papers, documents intended to entice holdouts to accept the Constitution in the late 1700s, discourage presidents from pardoning themselves. It took former President Gerald Ford to clear his predecessor, President Richard Nixon, of wrongdoing in the 1972 Watergate break-in and subsequent White House misdeeds.


He didn''t clear him, it was understood that Nixon was guilty but Ford had agreed in advance to pardon him and let him walk away without penalty for his crimes against the American people. I''m sure Bush''s pardons list will be several thousand people including all three attorney generals--Ashcroft, Gonzales, Mulkasey!!

[guyfrompa49]

Maybe we should just put the terrorists up in a holday inn.

[mbskoczen]

Change you can laugh at..

[hairyonetooo]

"I know of no one who acted in reckless disregard of U.S. law or international law," said Culvahouse, who served under President Ronald Reagan, like Bush a Republican. "It''s just not good for the intelligence community and the defense community to have people in the field, under exigent circumstances, being told these are the rules, to be exposed months and years after the fact to criminal prosecution."

Mr. Culvahouse didn''t see anyone doing anything wrong or hear of anyone doing anything wrong. He must be the only blind and deaf attorney in the whole USA. He must be one of the three monkeys, that don''t see, hear or know anything!!!!

[rixmix98]

Maybe we should just put the terrorists up in a holday inn.

Posted by Guyfrompa49 at 08:25 AM : Nov 18, 2008



Maybe you should accept the fact that Obama won the election and move on?

[hairyonetooo]

Bush could take the issue of criminal charges off the table with one stroke of his pardons pen. Many presidents grant pardons as a final executive exercise before leaving office, and under the U.S. Constitution, the president''s power to issue pardons is absolute and cannot be overruled.

CAN HE PARDON THE WHOLE ADMINISTRATION. THE DOJ, DOD, DEPT OF STATE, CIA, FBI, ETC IN ADVANCE OF THEIR BEING PROSECUTED. I''M SURE NOW THAT HE WILL PARDON HIMSELF, RICHARD CHENEY, RUMSFIELD, ASHCROFT, GONZALES, MULKASEY, RICE, POWELL, FEITH, MIERS, BARTLETT, BOLTEN, ETC.

[jsl45]

Obama should put Shrub the Dumbnificent and Darth Cheney up for war crimes, 10 seconds after he takes the oath. What a bunch of losers they have been.

[guyfrompa49]

rixmix98 - Oh I have accepted it. But I still want to know if we should put them up in a hotel and give them 3 square meals and a nice warm bed. I mean these are the people that want to blow your head off. So we need to treat them well.

[onewayright]

Bush, Cheney, Rumsfeld, Rice, Powel, et al desperately need to account for the slaughter of hundreds of thousands of human beings in a Hague-like tribunal. Only then, will the rest of the world see that we will not tolerate terrorism -------- most especially within our own government.

Posted by psy_war

--------------------

Cry me a river!! Saddam killed more Iraqis than any American. And let''s not forget that 77 sentators, including HILLARY CLINTON, and 296 house reps voted TO GO TO WAR. Btw, the prisoners held at Gitmo are Taliban.....you know, Afghanistan where there''s a multi-coalition and where Obama wants to BEEF UP our military.

What''s the matter? You people can''t keep a train of thought going to stick to the story line??

[rixmix98]

Maybe we should just put the terrorists up in a holday inn.

Posted by Guyfrompa49 at 08:25 AM : Nov 18, 2008



Maybe you should accept the fact that Obama won the election and move on?

Posted by rixmix98 at 08:42 AM : Nov 18, 2008



Slapping you sore losers in the face is about as rewarding as a handfull of bubble wrap.

[hologram5]

Cry me a river!! Saddam killed more Iraqis than any American.
-----------------------
Do some research, he killed those people using OUR weapons and MUSTARD gas. We watched as he did this and did nothing. Our CIA has been over there causing problems for many years now, it is our fault that things are bad over there. We even CREATED OBL and gave him what he needed. Think about it.

[onewayright]

hologram5 ... Don''t tell me to do research. I know more than YOU ever will. There will be NO ONE tried for any war crime.

[Razzl]

It''s entirely unacceptable for Leahy to make these blanket assertions, or for Obama to think he will be able to finesse his way out of this. There will be a strong pressure on Congress to take action if it looks like Bush officials are going to go scott free. The Nuremberg principles must be reaffirmed--that due process of law cannot be used as a fig leaf to cover unspeakable crimes against humanity, that legal systems are not bound by pardons or legislation which attempt to render the unacceptable as legal...

[onewayright]

I don''t hear any of you wussies crying about our own civilian corrupt prison system. It''s more violent that any Gitmo.

[observantx]

"The only way to prevent this from happening again is to make sure that those who were responsible for the torture program pay the price for it," Ratner said. "I don''t see how we regain our moral stature by allowing those who were intimately involved in the torture programs to simply walk off the stage and lead lives where they are not held accountable."


Where''s the accountability? When are there ever going to be consequences for actions?

We need to stop letting creeps walk away from their dirty work. Especially for the top dogs who authorized torture at the highest level of our government.

[onewayright]

Where''''s the accountability? When are there ever going to be consequences for actions?

Posted by ObservantX

----------------

What torture?? Their rights being violated?? Throw them in with our general prison population and they''ll be crying to go back to Gitmo.

[usmc1968]

The only justice likely to come to those on earth whom have committed the evils of torture in name of patriotism is that ultimate final judgment Jesus will give them by not knowing them, and therefore their final destination will be the lake of fire for eternit to debate amongst those of their ilk, such as Adolf Hitler, Stalin, etc, how the end justified the means!

[abbe91]

"Bush could issue pre-emptive pardons to protect those involved before he leaves office."

Pre-emptive pardons ? Excuse me ? Pardoning people even before they are accused ? Can Bush issue a pre-emptive pardon for Bush ?

[bmadeline-2009]

It''s a no brainer....Bush and Cheney are war criminals.

[abbe91]

"It''s just not good for the intelligence community and the defense community to have people in the field, under exigent circumstances, being told these are the rules, to be exposed months and years after the fact to criminal prosecution."

No, it''s much better for them to out Brewster Jennings.
Talk about exposure ...

[abbe91]

"It is not Obama''''s place to punish any of these men. "
Posted by keystonebull at 09:26 AM : Nov 18, 2008

Indeed, Obama is in the executive branch. It is in fact the job of the judiciary branch to judge all the terrorists, Bush or KSM.

[onewayright]

It''''s a no brainer....Bush and Cheney are war criminals.

Posted by bmadeline

----------------------

The war criminals are sitting in cells at Gitmo. You know it, I know it and Obama knows it.

But hey, I''m sure Obama can pardon one hard core killer to live with you in your home.

[abbe91]

The war criminals are sitting in cells at Gitmo. You know it, I know it and Obama knows it.
Posted by OneWayRight at 09:31 AM : Nov 18, 2008

Some people have been detained in Gitmo by mistake.
You know it, I know it and Obama knows it.

[onewayright]

Posted by abbe91 .... There''s only about 250 prisoners left. All non violent ones have been released. YOU KNOW THAT or your just an idiot.

[onewayright]

nokoolaid .... I think that the Secret Service should see that comment. Remember, we only have ONE president at a time.

[cntrymuzksux]

They were doing what they thought was right...

Posted by keystonebull at 09:26 AM : Nov 18, 2008

...and we all know what the road to he!l is paved with.

[sunbum33919]

What is a better way to handle these terrorists than what''s been done? These are not common ordinary street thugs - these are hard core, down and dirty, evil men who want to bring about the complete demise of this country and our (so far) freedoms. The PresElecOb. seems to be changing his mind - wonder what Pres.Bush might have told him in that private meeting?? These guys are terrorists because they want to be....not because they are forced. They are never going to have a "come to Jesus" moment!!! I would like some of those in the "pity party" to come up with a better way to keep this country safe.....

[onewayright]

nokoolaid ............ You have been reported

[walt1944-2009]

Great Emperor-elect Obama has indicated he will not pursue investigations into torture charges against officials of the outgoing (we all hope) officials of the Great Emperor Bush II.

The consensus is that it is the judicial branch''s responsibility to punish these people and since, as we all know, the judicial system, starting with the neocon Fascist Nazi Supreme Court is filled with Great Emperor Bush appointees, any kind of justice is unlikely!

The only hope for any kind of justice against the people responsible for the "war crimes" committed by the Great Emperor Bush II and his court, is for international war crimes trials to be held and sentences to be handed down in "absentia".

SIG HEIL, WHO SAYS YOU CAN''T GET AWAY WITH MURDER!!!, BUSH!!!