Veteran presidential advisor David Gergen said today on the show that he had “serious, deep reservations” about the Obama administration launching any prosecutorial effort against officials who authored the so-called “torture memos.”
Gergen, a professor at Harvard University’s Kennedy School of Government and advisor to four presidents, said he saw the need for a “thorough airing” on the torture issue – and potentially for more information and memos to be released. But he believed prosecution went too far.
In terms of actually going after people, I think we should be moderate in doing that. It does seem to me it was right…to say that CIA employees should not be prosecuted in any fashion. And I have serious, deep reservations about launching some sort of prosecutorial special investigative effort by the Justice Department about lawyers who rendered their opinions. We have not done that in the past. It is going to have a hugely chilling effect. And it will destroy any semblance of bipartisanship in Washington, if a new administration is seen to use prosecutorial powers to go after a preceding administration.
Calls for prosecution have been coming from many quarters, particularly from liberals (just today, see Paul Krugman of The New York Times and Glenn Greenwald of Salon; also hear law professor Jonathan Turley on our show Monday.) Though President Obama has said he ruled out prosecuting CIA officials, he said he was leaving it up to Attorney General Eric Holder to decide whether or not to pursue higher-ranking Bush administration officials.
Gergen said that such a prosecution effort could spin out of control:
…We’re talking now about going after lawyers who rendered their legal judgments and talking about putting them in the dock as potential criminals. And by the way, are we then also going to go after the President and Vice President who signed off on this? And very importantly, are we going to go after the Congressional leaders who signed off on these procedures, some of whom are leading Democrats? And if we’re going to be fair about this…This path is going to take us where it leads. It leads to many, many different people. And do we really want to have now a whole set of criminal prosecutions in Washington over this issue or not? I think that’s very much what’s at stake here.
It remains unclear what Democratic lawmakers knew about the specifics of tough interrogation tactics such as waterboarding. Media reports have suggested some knew of the methods used. Former Florida Senator Bob Graham, a Democrat, said yesterday on On Point that he was not briefed on methods, despite his position as chairman of the Senate Intelligence Committee in 2002 when the interrogration programs began.
Tags: George W. Bush administration, Justice Department, Obama administration, torture
This argument is insane.
If in fact laws were broken then people who broke them should be prosecuted. If Bush and Cheney and Pelosi et al are part of that group, so be it.
In this country, no one is above the law.
The fact that Bush and Cheney invaded Iraq to stop the tyrannical leader of that country from torturing his own people says it all (this after they were brought up short on WMD).
Posted by Richard, on April 24th, 2009 at 4:30 pm EDTagreed, i hope that it is not spun enough to let people escape from these domestic and international crimes. hench if no-one is heard to be accountable than it will be even worst when a neo-con gets back the white-house affecting our rights as well.
There a reason why don’t torture(besides the countless others), some in our government will abuse it, we already have it with law officials in often minority communities, who elicit information and confession by ways often questionable and considered illegal, yet not prosecuted often due to lack of evidence, can u imagine if they could do the methods described as well.
We have people watching and pushing for no accountability or prosecution and if they are correct things will get much worst in the future since the risk is small.
I do hope the obama admin can do the right thing, and create accountability so if any new pres tries in the future, it will be nearly impossible.
Posted by Mike, on April 25th, 2009 at 12:29 am EDTalso is there any laws that can be voted on or passed to reinforce torture in any mean is not american, and anyone found guilty will be accountable and jailed.
Posted by Mike, on April 25th, 2009 at 12:31 am EDTGergen’s lame argument perhaps shows that the shadow government is now moving to provid eimpunity not only to this former crop of abusers but the next as well. The lameness and inanity of his reasoning is only exceeded by its’ perfidy.
Posted by John, on April 26th, 2009 at 1:02 pm EDTThis was one of the worst “Week in the News” segments yet. David Gergen is a hack who just wants to be liked by everybody and Andrea Seabrook should stick to the straight reporting. Of all of the coverage of torture over the past week this was some of the least insightful and least interesting. Hopefully you can get better guests next week!
Posted by D, on April 28th, 2009 at 11:52 am EDTI strongly disagree with D, who called this “one of the worst “Week in the News” segments yet.” On the contrary, it was very insightful and balanced. Jack articulately makes the case for the left, David the center-right, and Andrea a perhaps more bi-partisan and objective observer. Gergen is a strong supporter of Obama, but brings experience and realism to the conversation. Jane Clayson skillfully moderated the discussion, in the best tradition of Tom Ashbrook.
I learned more in this hour about the torture debate (and its nuances) than in any other media outlet.
Keep up the good work
Edward
Posted by Edwar, on April 28th, 2009 at 2:18 pm EDTИзвините, как можно добавить свой материал на сайт?
Posted by Черноморец, on April 28th, 2009 at 4:29 pm EDTAbsolutely, leave the ground level CIA folks out of this witch hunt. They are similar to soldiers on the ground in a war zone. These people were ordered to do a job that not many others can comprehend nor judge.
The argument against the lawyers made me think twice. However, when the one guy’s religion was reported, these arguments lost me. I perceive an attempt to bash his religion through prosecuting him and that is the worst wrong of all.
If I personally had the chance to have a few face to face discussions with the 9/11 mastermind, a little waterboarding would be the least of his concerns. He is in a select league of evil doers. Whatever it took to get him to talk is justified, as it could prevent a repeat attack, of the magnitude of 9/11.
For the record, I despise Bush and love Obabma.
Posted by Rick in Nashville, on April 29th, 2009 at 11:52 am EDT