Wall Street Journal:President Barack Obama left open the possibility of legally pursuing the Bush administration officials who formulated the policies that led to "enhanced interrogation techniques" -- which critics have called torture.
Mr. Obama said Tuesday he hasn't changed his position that employees and contractors of the Central Intelligence Agency shouldn't be prosecuted for the techniques spelled out in documents released by his administration last week, such as water boarding, slamming detainees against false walls and confining them in cramped spaces, sometimes with insects to induce fear.
But he drew a distinction between those who carried out the policies and those who formulated them. Speaking to reporters at the conclusion of a meeting in the Oval Office with Jordan's King Abdullah, Mr. Obama said the Department of Justice is looking into the Bush-era memos that authorized the interrogation tactics and that he did "not want to prejudge" the outcome of that examination.
According to the report, Obama "came close to endorsing an independent, bipartisan commission to examine the use of torture and other tactics in the wake of the terrorist attacks of Sept. 11, 2001," saying "a more sensible approach" to investigating torture would be a panel of "independent participants who are above reproach." As to whether the White House would be involved in investigations or prosecutions, he said, "I would say that is going to be more of a decision for the Attorney General..."
This is a reversal for the White House. This weekend, Rahm Emanuel said there wouldn't be prosecutions of Bush admin. officials at all. Yesterday, press secretary Robert Gibbs verified that this was the stance of the administration.
I'm guessing that in the days following Emmanuel's comment, the White House got an earful from justice-minded people. I don't think that the White House doesn't want investigations and prosecutions, I just think they don't want to be the ones who do it.
In the end, they may not have any choice.
