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Triana

(22,666 posts)
Tue Dec 9, 2014, 09:45 PM Dec 2014

Instead of prosecuting torturers, Obama prosecuted the guy who revealed the program

The details in the Senate report on Central Intelligence Agency torture, released today, are shocking. But don't expect anyone to be held responsible. The only person the Obama administration has prosecuted in connection with the torture program is a man who revealed its existence to the media.

Much of the information in the report is new to the public, but a lot of it would have been uncovered during a detailed torture investigation Attorney General Eric Holder conducted during President Obama's first term. After carefully examining the evidence, Holder decided not to prosecute anyone for the CIA's torture. "The department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt," Holder said when he dropped investigations into two torture-related deaths in 2012.

That seems consistent with Obama's own views on the subject. Asked about investigating CIA torture in 2009, Obama replied that "it’s important to look forward and not backwards." Obama admitted that "we tortured some folks" earlier this year, but he didn't call for those responsible to be punished.

But the Obama administration has had a different attitude when it comes to those who revealed the existence of the CIA torture program. In 2012, the Obama administration charged former CIA official John Kiriakou for leaking classified information related to the torture program to reporters. Threatened with decades in prison, Kiriakou was forced to plead guilty and accept a 30-month prison sentence. He's in prison right now.


THE REST:

http://www.vox.com/xpress/2014/12/9/7361667/senate-torture-report-kiriakou
17 replies = new reply since forum marked as read
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Instead of prosecuting torturers, Obama prosecuted the guy who revealed the program (Original Post) Triana Dec 2014 OP
Obama can no more "prosecute torturers" than he can close Gitmo, something about shared powers. Fred Sanders Dec 2014 #1
I think they mean he never called for it. Instead... Triana Dec 2014 #2
Obama and Holder both knew they would be Kennedy'ed LiberalArkie Dec 2014 #5
Yep... Obama knows that. RobertEarl Dec 2014 #11
The Justice Department is part of the executive branch, and the Constitution PoliticAverse Dec 2014 #4
So he had his fingers crossed during the nichomachus Dec 2014 #8
What ones wishes one could do and what one could do if one were an actual Emperor Fred Sanders Dec 2014 #9
One could also not have proscuted the whistleblower, but one was an accomplice. nichomachus Dec 2014 #10
Which shared powers are you discussing in this situation? TheKentuckian Dec 2014 #13
K&R 99Forever Dec 2014 #3
Accessory after the fact. blkmusclmachine Dec 2014 #6
^ nationalize the fed Dec 2014 #7
You do realize that Kiriakou endorsed torture, right? That's what makes the article you posted msanthrope Dec 2014 #12
Kiriakou isn't being prosecuted/punished for endorsing torture. Only for whistleblowing about it. Triana Dec 2014 #14
He didn't whistleblow...he got on 60 Minutes and bragged. What an interesting man msanthrope Dec 2014 #15
Whatever. He's being punished for revealing it. Whatever word you want to use. Triana Dec 2014 #16
Yeah...you know, as a criminal defense attorney, I've had the pleasure of watching msanthrope Dec 2014 #17
 

Triana

(22,666 posts)
2. I think they mean he never called for it. Instead...
Tue Dec 9, 2014, 09:53 PM
Dec 2014

"Asked about investigating CIA torture in 2009, Obama replied that "it’s important to look forward and not backwards." Obama admitted that "we tortured some folks" earlier this year, but he didn't call for those responsible to be punished."

Of course HE can't prosecute anyone. But he can encourage Congress to do it.

I see people complain HE hasn't closed Gitmo yet too. It shouldn't require explaining that they don't directly and exclusively mean HE himself. But he can push for it. In the case of the torturers, he hasn't even done that.

PoliticAverse

(26,366 posts)
4. The Justice Department is part of the executive branch, and the Constitution
Tue Dec 9, 2014, 09:54 PM
Dec 2014

requires the President "shall take care that the laws be faithfully executed".

nichomachus

(12,754 posts)
8. So he had his fingers crossed during the
Tue Dec 9, 2014, 10:25 PM
Dec 2014

"Preserve, protect, and defend the Constitution" part of all three presidential oaths he took.

Fred Sanders

(23,946 posts)
9. What ones wishes one could do and what one could do if one were an actual Emperor
Tue Dec 9, 2014, 10:38 PM
Dec 2014

are not the same things.

Obama should have prosecuted for single payer..... How would that have turned out in real life?

TheKentuckian

(25,026 posts)
13. Which shared powers are you discussing in this situation?
Tue Dec 9, 2014, 11:49 PM
Dec 2014

It wasn't true for Gitmo either until the President signed his own constitutionally dubious hand cuffs into law around the 20th of May, 2009.

Did he need funding authorized for the proposed new supermax? Absolutely.

Could he have gone ahead with trial proceedings, transferred, or released every captive? You bet your ass he could just as his predecessor had done hundreds of times.

In this case, I don't think there is even this consideration. No dicey law signed (inexplicably if one is serious, better override this veto and in vain because there would be no one there) as a defense. Nor any random building project required.

What exactly are you presenting as the legal authority obstacle here? You think federal prosecutions are acts of Congress?

 

msanthrope

(37,549 posts)
12. You do realize that Kiriakou endorsed torture, right? That's what makes the article you posted
Tue Dec 9, 2014, 11:34 PM
Dec 2014

so interesting.....

You are actually decrying the punishment of a man who publicly endorsed waterboarding, and participated in it.

 

Triana

(22,666 posts)
14. Kiriakou isn't being prosecuted/punished for endorsing torture. Only for whistleblowing about it.
Wed Dec 10, 2014, 02:01 AM
Dec 2014

That's different. VERY different.

I'm decrying the fact that, along with Kiriakou, the rest of the goddamned scum behind the torture that went on are not being prosecuted for it either:

http://www.democraticunderground.com/10025936740

Sure Kiriakou is being punished. But for the WRONG thing.



 

msanthrope

(37,549 posts)
15. He didn't whistleblow...he got on 60 Minutes and bragged. What an interesting man
Wed Dec 10, 2014, 02:04 AM
Dec 2014

you've chosen to champion.

 

Triana

(22,666 posts)
16. Whatever. He's being punished for revealing it. Whatever word you want to use.
Wed Dec 10, 2014, 02:15 AM
Dec 2014

Now. If you're hellbent on attacking me, here's the thing:

I TOLD you what my intent is with this post and that is to 'decry' (your word) the LACK of prosecution and punishment for those who participated in (or supported) torture. In fact, I posted another thread here about the same thing ie: that there will unfortunately be no prosecutions.

YOU choose to TELL ME what my intent is - outright stating that my intent is to support (ie: "champion" in YOUR word) this creep. I don't give a damn who he is or HOW you want to describe his reveal of the torture. THE FACT IS THAT HE IS NOT BEING PROSECUTED FOR SUPPORTING TORTURE -- but rather for telling about it. And that IS. DIFFERENT.

Here is the game you're playing with me here:

TELLING someone what their intent is, what they're doing, why they did it, etc. -- as if you know their heart and mind and can read their mind is very handy if you're just looking to attack or criticize someone. That's what you've just done to me.

YOU TOLD ME what my intent was with this post. And again even after I made it clear to you that you are WRONG about that, you continue.

Very interesting. And very abusive. I've set men out on the curb for the trash pickup for treating me that way.

As for YOU - I'm just going to block you for it. I will not tolerate your abuse. Find someone else to attack - find someone else here whom you can TELL what they think, why they posted something and what they meant by it -- then you can conveniently attack them for what YOU told them their intent was with their post (nevermind what it truly was - that is evidently irrelevant to you as it is to most abusers). That's how abuse works. And that's what you just did.

Bye!

 

msanthrope

(37,549 posts)
17. Yeah...you know, as a criminal defense attorney, I've had the pleasure of watching
Wed Dec 10, 2014, 02:22 AM
Dec 2014

a DA convict my client on perjury charges after losing an attempted murder trial.

And you know what? The victim was just as happy his ass was in jail.

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