Greenwald - Obama's huge test today: do we believe in secret law?

[slipslidingaway]

http://www.salon.com/opinion/greenwald/2009/04/16/olc_memos/index.html

"Today is the most significant test yet determining the sincerity of Barack Obama's commitment to restore the Constitution, transparency and the rule of law. After seeking and obtaining multiple extensions of the deadline, today is the final deadline for the Obama DOJ to respond to the ACLU's FOIA demand for the release of four key Bush DOJ memos which authorized specific torture techniques that have long been punished (including by the U.S.) as war crimes. Today, Obama will either (a) disclose these documents to the public or (b) continue to suppress them -- either by claiming the right to keep them concealed entirely or, more likely, redacting the most significant parts before releasing them.

It is genuinely unclear what the Obama administration will do today. Several weeks ago, Newsweek reported that Eric Holder had decided to release the memos -- which an Obama official described as "ugly"-- essentially in full. But then, several other sources reported there was a "war" being waged inside the Obama administration, led by former Bush-era CIA official (and top Obama terrorism adviser) John Brennan, to prevent disclosure. Yesterday, The Wall St. Journal reported that Obama is leaning towards the CIA position that only minimal disclosures are warranted, and today the WSJ reports that the memos will be released with substantial redactions to conceal the details of the Bush administration's use of "enhanced interrogation techniques" -- i.e., will suppress information of America's use of torture.

I want to underscore one vital point about this controversy that is continuously overlooked and will be undoubtedly distorted today in the event of non-disclosure: these documents are not intelligence documents. They are legal documents and, more specifically, they constitute what can only be described as secret law under which the U.S. was governed during the Bush era. Thus, the question posed by the release of these OLC memos is not whether Obama will release to the public classified intelligence programs. The question is whether he will release to the public the legal doctrines under which the U.S. Government conducted itself regarding interrogation techniques he claims are no longer being used.

These memos were not prepared by the CIA or the Pentagon. To the contrary: they were written by DOJ lawyers -- specifically, OLC chief Steven Bradbury and then-OLC Assistant Attorney General Jay Bybee. They are not "intelligence reports" from the field. They are, by definition -- by their very nature -- nothing more than decrees about what is and is not legal: i.e., they are pure legal documents that state what the Executive Branch's view of the law is with regard to interrogation tactics..."

[Norquist Nemesis]

1. Anyone up for Rights Rallies? Anyone? n/t

[slipslidingaway]

2. Most likely not....

now that we have a Democratic administration they'll do the right thing.

:(

[empyreanisles]

3. OK, so what is going to happen here today if Obama doesn't release the full memos.

That is, he releases something, but with certain omissions.

What kind of uprising is going to happen? I want to be ready so I can avoid this place.

[slipslidingaway]

6. Not to worry, there will be no uprising :( n/t

[nichomachus]

30. There will be lots of cute pictures -- mostly puppies.

[Echo In Light]

4. "Final" deadline should indicate the obvious

I'll repeat it in this thread since it's the one that everyone's gonna go with

[slipslidingaway]

5. Thanks, I asked in the other thread that they be combined n/t

[Canuckistanian]

7. Not much interest in transparency anymore, it seems

I'm not holding out much hope for anything to be released today.

But then, I hope I'm wrong.

[slipslidingaway]

9. I hope you are wrong as well ....

although if I had to place a bet now, I would be short transparency.

:(

[slipslidingaway]

11. Secret Interrogation Memos to Be Released

http://thecaucus.blogs.nytimes.com/2009/04/16/secret-interrogation-memos-to-be-released/?hp

"...But the most immediate concern of C.I.A. officials is that the revelations could give new momentum to a full-blown congressional investigation into covert activities under the Bush Administration.

Other Obama administration officials, including Gregory B. Craig, the White House counsel, and Attorney General Eric H. Holder, argued that releasing the documents not only would satisfy the government’s obligation in the lawsuit, but would also put distance between President Obama and some of his predecessor’s most controversial policies.

On Wednesday, Mr. Obama’s top advisers met at the White House for the final round of deliberations over the interrogation documents."


In edit - Post should have been a reply to the original post.

[Political Heretic]

12. Thank you - I've been looking for an update on this.

This is good news, after what sounds like a real tough internal fight with the CIA.

[slipslidingaway]

14. Yes, we'll have to see if they are released in full or heavily

redacted.

You're welcome, glad you found it since I posted it in the wrong place.

:)

From Greenwald...

"...As soon as the court and the ACLU receive the Obama DOJ's response, I will write about it in a separate post along with an interview with Jameel Jaffer, the lead ACLU lawyer in this case."

[HopeOverFear]

8. Has Dawn Johnsen been confirmed yet?

[slipslidingaway]

10. Not that I know of, but you would have to use The google n/t

[HopeOverFear]

13. I did, and she hasn't

[slipslidingaway]

15. Thanks for the update n/t

[HiFructosePronSyrup]

16. Obama to release memos.

Bet that will really stick in Greenwald's craw.

http://www.dailykos.com/story/2009/4/16/720797/-BREAKING:-Obama-to-Release-Secret-Interrogation-Memos

[slipslidingaway]

17. Posted that above, we need people and groups to pressure

the administration, President Obama even said as much.

Greenwald has praised President Obama as well as criticizing him if you read him on any sort of a regular basis.

From the DK diary...

"Perhaps HOW MUCH information is released without redactions is the next step to judge, but the news that memos will be released is certainly a positive sign."

[EFerrari]

18. Amy did a segment on this today with original whistleblower

Thomas Tamm and with Greenwald but I don't see Glenn's piece at her site. Maybe that bit isn't up yet:

Justice Dept. Whistleblower Defends Decision to Leak Bush Domestic Surveillance Program & Calls for Prosecution of Gov't Officials and Telecoms

We speak with Thomas Tamm, the man who blew the whistle on the Bush administration’s secret domestic surveillance program. Tamm worked as an attorney at the Justice Department when he leaked the story to the New York Times in 2004. In 2007, the FBI raided his home and seized three computers and personal files. He still faces possible arrest for disclosing classified secrets.

http://www.democracynow.org/2009/4/16/justice_dept_whistleblower_responds_to_latest

[slipslidingaway]

19. Thanks, I have not listened yet, here is the Greenwald link....

http://www.democracynow.org/2009/4/16/obama_faces_deadline_today_over_release

[inna]

20. darn, this thread seems to be infected as well!

this darn bug, can't rec a thread.

kick, anyway!

:kick:

[slipslidingaway]

21. Thanks n/t

[mod mom]

22. FYI> At the bottom of OP link is Greenwald on Democracy Now earlier today along with

NSA Whistleblower Thomas Tamm.

[slipslidingaway]

27. Thank you, worthy of it's own thread n/t

[slipslidingaway]

23. Gibbs said the documents would be released at 2:45 p.m. EDT

http://www.pr-inside.com/white-house-says-bush-torture-memos-r1187853.htm

"The White House says the government will release memos used by the Bush administration to justify harsh interrogations of terror suspects.
Speaking on Air Force One as it approached Mexico City on Thursday, White House Press Secretary Robert Gibbs said the documents would be released at 2:45 p.m. EDT (1845 GMT).

Gibbs said President Barack Obama will issue a statement following the documents' release.

He said some parts of the memos will be blacked out for security reasons. Otherwise, they will offer an insight into the legal reasoning used to justify tactics that critics say amounts to torture.

Gibbs did not discuss any details of what the memos contain. He said the documents are being released in response to a lawsuit."

[inna]

24. another kick! this thread belongs on the GP.

thanks for updates, too.

Greenwald rocks.

:kick:

[slipslidingaway]

26. You're welcome and thank you :) n/t

[slipslidingaway]

25. FOR IMMEDIATE RELEASE - DOJ

http://www.usdoj.gov/opa/pr/2009/April/09-ag-356.html

"Department of Justice Releases Four Office of Legal Counsel Opinions
In connection with ongoing litigation, the Department of Justice today released four previously undisclosed Office of Legal Counsel ("OLC") opinions – one that OLC issued to the Central Intelligence Agency in August 2002 and three that OLC issued to the CIA in May 2005.

"The President has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture," said Attorney General Eric Holder. "We are disclosing these memos consistent with our commitment to the rule of law."

Holder also stressed that intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.

The Attorney General has informed the Central Intelligence Agency that the government would provide legal representation to any employee, at no cost to the employee, in any state or federal judicial or administrative proceeding brought against the employee based on such conduct and would take measures to respond to any proceeding initiated against the employee in any international or foreign tribunal, including appointing counsel to act on the employee’s behalf and asserting any available immunities and other defenses in the proceeding itself.

To the extent permissible under federal law, the government will also indemnify any employee for any monetary judgment or penalty ultimately imposed against him for such conduct and will provide representation in congressional investigations.

"It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department," Holder said.

After reviewing these opinions, OLC has decided to withdraw them: They no longer represent the views of the Office of Legal Counsel."

[slipslidingaway]

28. Greenwald update below....

http://www.salon.com/opinion/greenwald/radio/2009/04/16/aclu/index.html

"...I will add more detailed commentary, along with an interview with the ACLU's lead counsel, Jameel Jaffer, as soon as the documents themselves are available. If the report about the OLC memos are accurate, Obama will have done exactly the right thing here and will deserve real credit. My analysis earlier today of the issues surrounding disclosure are here. Here is part of what Obama said in his statement:...."

[slipslidingaway]

29. Interesting comments so far...

http://letters.salon.com/opinion/greenwald/radio/2009/04/16/aclu/view/?show=all

[slipslidingaway]

31. Obama statement on release of torture memos

http://www.google.com/hostednews/ap/article/ALeqM5jmknnVn_33RuAF7ud-1ivw3Z2udQD97JOHV81

By The Associated Press – 16 minutes ago

Text of a written statement by President Barack Obama on Thursday's release of four significant memos written by the Bush administration in 2002 and 2005 on the interrogation of terror detainees:

___

"The Department of Justice will today release certain memos issued by the Office of Legal Counsel between 2002 and 2005 as part of an ongoing court case. These memos speak to techniques that were used in the interrogation of terrorism suspects during that period, and their release is required by the rule of law.

My judgment on the content of these memos is a matter of record. In one of my very first acts as President, I prohibited the use of these interrogation techniques by the United States because they undermine our moral authority and do not make us safer. Enlisting our values in the protection of our people makes us stronger and more secure. A democracy as resilient as ours must reject the false choice between our security and our ideals, and that is why these methods of interrogation are already a thing of the past.

But that is not what compelled the release of these legal documents today. While I believe strongly in transparency and accountability, I also believe that in a dangerous world, the United States must sometimes carry out intelligence operations and protect information that is classified for purposes of national security. I have already fought for that principle in court and will do so again in the future. However, after consulting with the attorney general, the director of national intelligence, and others, I believe that exceptional circumstances surround these memos and require their release..."

[slipslidingaway]

32. Link for the documents when available....

thanks to the posters on the Greenwald site for the link.

http://www.usdoj.gov/opa/opa_documents.htm

or

http://www.aclu.org/index.html

[slipslidingaway]

33. ACLU link with documents...

http://www.aclu.org/safefree/general/olc_memos.html