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Remember when former Attorney General Michael B. Mukasey insisted—in response to Congressional calls for accountability for the torture lawyers–that the notion that attorneys could be criminalized for writing a legal opinion was “absurd”? Of course, those who seriously tracked the issue recognized that Mukasey’s remarks were not serious. The Justice Department in fact regularly prosecuted lawyers for writing opinions, when it reckoned that the opinions were part of a larger conspiracy to commit a crime. Why would that same reasoning not apply to the case of the torture lawyers? In fact it would, and in fact, Congress expressly created a crime—conspiracy to torture—which covers it. The New York Times has reported on another recent case in which a group of tax lawyers and accountants and a foreign bank conspired to introduce a tax shelter product that they offered to their clients. The lawyers participated by issuing legal opinions, as the Justice Department stresses in its own press release covering the matter. So why is this not a perfect precedent justifying the criminal prosecution of the torture team? Major distinctions between the cases—torture is a vastly more serious crime than games with tax shelters, and the tax shelter case turns on issues of tax law as to which reasonable minds might differ, unlike the torture case—cut in favor of a prosecution of the torture lawyers. The decisive difference may simply be that the United States Department of Justice holds its own attorneys to a far lower standard of accountability than it holds ordinary attorneys. Ask the lawyers who head the Department’s own Public Integrity Section. They’re now the targets of a special prosecutor investigating their criminal misconduct. It’s revealing that the criminal probe into the misconduct of federal prosecutors in political cases occurred by special action of a federal court, not as a result of any internal action of the Justice Department itself. When complaints were brought to the attention of the Justice Department it consistently reacted the same way, sweeping them under the carpet. Often enough, we have to ask on which side of the law enforcement divide the Justice Department stands. The answer often disappoints.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Number of people stopped and frisked by the NYPD in 2011 for “furtive movements”:
The faces of Lego people were growing angrier.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature