CIA Directors conclude CIA shouldn't be investigated for murder
Glenn Greenwald
Salon.com
In a truly shocking development being treated as major news, seven former CIA Directors -- including all three who served under George W. Bush -- jointly concluded that the CIA should not be criminally investigated for torture deaths, and they have written a letter to President Obama expressing that view. Do leaders of organizations in general ever believe that their organizations and its members should be criminally investigated and possibly prosecuted for acts carried out on behalf of that organization, and do CIA Directors specifically ever believe that about the CIA? Has a CIA Director ever advocated that CIA agents be criminally investigated for illegal intelligence activities?
But what's most notable about this letter is that it is not addressed to the individual charged with making decisions about whether an individual should be prosecuted: namely, the Attorney General of the U.S. Instead, it is addressed to the President himself, and they "urge [him] to exercise [his] authority to reverse Attorney General's August 24 decision to re-open the criminal investigation of CIA interrogations." What so-called "authority" are they talking about?
The way our criminal justice system works is that the President has the authority to set generalized policy priorities for the DOJ (e.g., spend more resources on drug and terrorism offenses but less on pornography and gambling), but decisions about whether specific individuals will or will not be prosecuted are supposed to be immunized entirely from White House influence, and are the province of independent Justice Department prosecutors (led by the Attorney General). That's what it means to have an apoliticized justice system: the President doesn't order specific people to be prosecuted or shielded from prosecution. Only Justice Department officials, assessing purely legal factors, make those determinations.
(More here.)
Salon.com
In a truly shocking development being treated as major news, seven former CIA Directors -- including all three who served under George W. Bush -- jointly concluded that the CIA should not be criminally investigated for torture deaths, and they have written a letter to President Obama expressing that view. Do leaders of organizations in general ever believe that their organizations and its members should be criminally investigated and possibly prosecuted for acts carried out on behalf of that organization, and do CIA Directors specifically ever believe that about the CIA? Has a CIA Director ever advocated that CIA agents be criminally investigated for illegal intelligence activities?
But what's most notable about this letter is that it is not addressed to the individual charged with making decisions about whether an individual should be prosecuted: namely, the Attorney General of the U.S. Instead, it is addressed to the President himself, and they "urge [him] to exercise [his] authority to reverse Attorney General's August 24 decision to re-open the criminal investigation of CIA interrogations." What so-called "authority" are they talking about?
The way our criminal justice system works is that the President has the authority to set generalized policy priorities for the DOJ (e.g., spend more resources on drug and terrorism offenses but less on pornography and gambling), but decisions about whether specific individuals will or will not be prosecuted are supposed to be immunized entirely from White House influence, and are the province of independent Justice Department prosecutors (led by the Attorney General). That's what it means to have an apoliticized justice system: the President doesn't order specific people to be prosecuted or shielded from prosecution. Only Justice Department officials, assessing purely legal factors, make those determinations.
(More here.)
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