Source:
The Washington IndependentLetters Reveal Holder Investigation Would Re-Open Cases
Bush DOJ Dismissed 20 Abuse Referrals
By Daphne Eviatar 7/28/09 12:22 AM
A series of letters between Sen. Richard Durbin (D-Illinois) and the Department of Justice sheds light on a reportedly impending Justice Department investigation that would mark the Obama administration’s first clear break from its predecessor’s policy refusing to prosecute the torture and abuse of terror suspects.
Newsweek and the New York Times have recently reported, based on anonymous sources, that Eric Holder is considering investigating cases of the most serious abuses of terror suspect detainees by CIA interrogators who went “well beyond” the extreme methods authorized by the Justice Department. Although some human rights advocates have criticized the idea of investigating low-level CIA functionaries rather than the policymakers who made the rules and set the stage for abuse, the investigation being contemplated would likely begin as a re-investigation of cases dropped by the Bush administration, and could well lead to prosecutions of those higher up the chain of command.
The cases Holder is reportedly considering would include, for example, the death of an Afghan detainee stripped naked, dragged and chained to a concrete floor by CIA operatives in a secret prison north of Kabul known as the “salt pit”; the prisoner was left there overnight and froze to death. Another concerns the death of Manadel al-Jamadi, an Iraqi insurgent who died just hours after being captured and beaten by Navy SEALS, then hung from his wrists at the Abu Ghraib prison. And then there’s the killing of Iraqi Maj. Gen. Abed Hamed Mowhoush, stuffed into a sleeping bag and clubbed to death.
Holder has reportedly indicated an interest in re-investigating these and other extreme cases of abuse, identified in a classified 2004 CIA Inspector General report. Although that report has not been made public (it’s the subject of litigation between the ACLU and the Justice Department), previous communications from the Justice Department to members of Congress indicate that the inspector general referred about two dozen abuse cases to the Justice Department between 2001 and 2007. The Justice Department “declined” to prosecute all but two under Bush. U.S. Attorney Paul McNulty, who headed many of these investigations in the Eastern District of Virginia, was subsequently promoted by President Bush to the position of deputy attorney general in 2005.
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http://washingtonindependent.com/52831/letters-reveal-holder-investigation-would-re-open-cases