No Comment — March 5, 2009, 8:19 am

Accountability Debate: Less Amnesty, More Prosecution

Yesterday, the Senate Judiciary Committee looked into the idea of a commission to investigate possible criminal conduct by the Bush Administration. It was a curious affair, with Republicans joining together to criticize the commission concept on the grounds that it might get in the way of efforts to prosecute the Bush team. Daphne Eviatar of the Washington Independent summarized it this way:

“If there’s reason to believe that these Justice Department officials have given approval for things that they know not to be lawful and sound, go after them,” [Ranking Member Arlen Specter] said, referring to recent memos released from the Office of Legal Counsel that authorized extreme and arguably illegal executive powers. “Some of the opinions that are now disclosed are more than startling — they’re shocking.” The revelations, said Specter, who’s a former federal prosecutor, are “starting to tread on what may disclose criminal conduct,” he said. The witnesses called to support the Republican position seemed to agree.

David Rivkin, a former Justice Department official in the Reagan and first Bush administrations, called a truth commission “a profoundly bad idea, a dangerous idea, both for policy and for me as a lawyer for legal and constitutional reasons.” Such a commission “is to establish a body to engage in what, in essence, is a criminal investigation of former Bush administration officials,” he said. Matters such as the interrogation and treatment of terror suspects and domestic warrantless wiretapping, however, are “are heavily regulated by comprehensive criminal statutes.” Any such investigation, then, “ensures that the commission’s activities would inevitably invade areas traditionally the responsibility of the Department of Justice.” Rivkin went on to strengthen the case for a criminal prosecutions by arguing that if a commission were to unearth evidence of criminal activity and not prosecute it, it would leave former Bush administration officials open to prosecution abroad.

Of course, the Federalist Society and its network have adopted it as an article of faith that inquiries into abuses of presidential power by Republicans are a bad idea–which makes sense given how often these inquiries tend to come to a focus on Federalist Society members. But Rivkin is plainly correct that a commission and a team of federal prosecutors are likely to cross paths and get in the way of one another in sorting through the Bush mess.

The comments seemed to have clear impact on Senator Patrick Leahy, though perhaps not the way the Republicans imagined. After the hearing was over, he drew back on his vision of the role of amnesty in the process, suggesting in an interview with MSNBC’s Rachel Maddow that immunity would only rarely be granted and then in consultation with prosecutors at the Justice Department.

The hearing therefore seems to have been quite constructive: it has bridged differences between the House proposal backed by Speaker Pelosi, which is hostile to amnesty. The Leahy proposal hasn’t yet been reduced to writing, but it sounds more like the Conyers version every day.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

September 2016

Tearing Up the Map

= Subscribers only.
Sign in here.
Subscribe here.

Land of Sod

= Subscribers only.
Sign in here.
Subscribe here.

Only an Apocalypse Can Save Us Now

= Subscribers only.
Sign in here.
Subscribe here.

The Watchmen

= Subscribers only.
Sign in here.
Subscribe here.

Acceptable Losses

= Subscribers only.
Sign in here.
Subscribe here.

Home

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
 
Andrew Cockburn on the Saudi slaughter in Yemen, Alan Jacobs on the disappearance of Christian intellectuals, a forum on a post-Obama foreign policy, a story by Alice McDermott, and more
Artwork by Ingo Günther
Article
Land of Sod·

= Subscribers only.
Sign in here.
Subscribe here.

Just a few short years ago, Yemen was judged to be among the poorest countries in the world, ranking 154th out of the 187 nations on the U.N.’s Human Development Index. One in every five Yemenis went hungry. Almost one in three was unemployed. Every year, 40,000 children died before their fifth birthday, and experts predicted the country would soon run out of water.

Photograph by Mike Slack
Article
The Watchmen·

= Subscribers only.
Sign in here.
Subscribe here.

Just a few short years ago, Yemen was judged to be among the poorest countries in the world, ranking 154th out of the 187 nations on the U.N.’s Human Development Index. One in every five Yemenis went hungry. Almost one in three was unemployed. Every year, 40,000 children died before their fifth birthday, and experts predicted the country would soon run out of water.

Illustration by John Ritter
Article
Acceptable Losses·

= Subscribers only.
Sign in here.
Subscribe here.

Just a few short years ago, Yemen was judged to be among the poorest countries in the world, ranking 154th out of the 187 nations on the U.N.’s Human Development Index. One in every five Yemenis went hungry. Almost one in three was unemployed. Every year, 40,000 children died before their fifth birthday, and experts predicted the country would soon run out of water.

Photograph by Alex Potter
Article
The Origins of Speech·

= Subscribers only.
Sign in here.
Subscribe here.

"To Chomsky...every child’s language organ could use the 'deep structure,' 'universal grammar,' and 'language acquisition device' he was born with to express what he had to say, no matter whether it came out of his mouth in English or Urdu or Nagamese."
Illustration (detail) by Darrel Rees. Source photograph © Miroslav Dakov/Alamy Live News

Chances that college students select as “most desirable‚” the same face chosen by the chickens:

49 in 50

Most of the United States’ 36,000 yearly bunk-bed injuries involve male victims.

In Italy, a legislator called for parents who feed their children vegan diets to be sentenced to up to six years in prison, and in Sweden, a woman attempted to vindicate her theft of six pairs of underwear by claiming she had severe diarrhea.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Mississippi Drift

By

Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'

Subscribe Today