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Sunday, July 12, 2009

Eric Holder and Obama's amateurish plan to get his torture probe

Newsweek being Obama's unofficial mouthpiece went ahead of themselves to set the narrative about Holder having a hard time over deciding to investigate "Bush Crimes." This is also a good way to try and steer attention away from the economic malaise Obama's economic policies are doing to the country. In their minds its a win win.


Alone among cabinet officers, attorneys general are partisan appointees expected to rise above partisanship. All struggle to find a happy medium between loyalty and independence. Few succeed. At one extreme looms Alberto Gonzales, who allowed the Justice Department to be run like Tammany Hall. At the other is Janet Reno, whose righteousness and folksy eccentricities marginalized her within the Clinton administration. Lean too far one way and you corrupt the office, too far the other way and you render yourself impotent. Mindful of history, Holder is trying to get the balance right. "You have the responsibility of enforcing the nation's laws, and you have to be seen as neutral, detached, and nonpartisan in that effort," Holder says. "But the reality of being A.G. is that I'm also part of the president's team. I want the president to succeed; I campaigned for him. I share his world view and values."

These are not just the philosophical musings of a new attorney general. Holder, 58, may be on the verge of asserting his independence in a profound way. Four knowledgeable sources tell NEWSWEEK that he is now leaning toward appointing a prosecutor to investigate the Bush administration's brutal interrogation practices, something the president has been reluctant to do. While no final decision has been made, an announcement could come in a matter of weeks, say these sources, who decline to be identified discussing a sensitive law-enforcement matter. Such a decision would roil the country, would likely plunge Washington into a new round of partisan warfare, and could even imperil Obama's domestic priorities, including health care and energy reform. Holder knows all this, and he has been wrestling with the question for months. "I hope that whatever decision I make would not have a negative impact on the president's agenda," he says. "But that can't be a part of my decision."



Holder thought he would get the go ahead a couple of months ago but that ended in disaster.

For weeks Holder had participated in a contentious internal debate over whether the Obama administration should release the Bush-era legal opinions that had authorized waterboarding and other harsh interrogation methods. He had argued to administration officials that "if you don't release the memos, you'll own the policy." CIA Director Leon Panetta, a shrewd political operator, countered that full disclosure would damage the government's ability to recruit spies and harm national security; he pushed to release only heavily redacted versions.

Holder and his aides thought they'd been losing the internal battle. What they didn't know was that, at that very moment, Obama was staging a mock debate in Emanuel's office in order to come to a final decision. In his address to the cadets, Holder cited George Washington's admonition at the Battle of Trenton, Christmas 1776, that "captive British soldiers were to be treated with humanity, regardless of how Colonial soldiers captured in battle might be treated." As Holder flew back to Washington on the FBI's Cessna Citation, Obama reached his decision. The memos would be released in full.

Holder and his team celebrated quietly, and waited for national outrage to build. But they'd miscalculated. The memos had already received such public notoriety that the new details in them did not shock many people. (Even the revelation, a few days later, that 9/11 mastermind Khalid Sheikh Mohammed and another detainee had been waterboarded hundreds of times did not drastically alter the contours of the story.) And the White House certainly did its part to head off further controversy. On the Sunday after the memos were revealed, Emanuel appeared on This Week With George Stephanopoulos and declared that there would be no prosecutions of CIA operatives who had acted in good faith with the guidance they were given. In his statement announcing the release of the memos, Obama said, "This is a time for reflection, not retribution." (Throughout, however, he has been careful to say that the final decision is the attorney general's to make.)

Emanuel and other administration officials could see that the politics of national security was turning against them. When I interviewed a senior White House official in early April, he remarked that Republicans had figured out that they could attack Obama on these issues essentially free of cost. "The genius of the Obama presidency so far has been an ability to keep social issues off the docket," he said. "But now the Republicans have found their dream…issue and they have nothing to lose."


Holder has already made his decision and you see the building up with the Dems going after the CIA over secret programs. The next step is to push this story about Holder being the independent AG who will do justice in America's name while Obama points out he has nothing to do with the decision. Then Holder announces probe which gets the liberals off Obama's back.

It is pathetic to see how easy the press is going to fall in line with this storyline so they try again to go after Bush and everyone. But its astonishing what an amateurish plan they are trying to play out to get their probe.

Update: Here is the sister pub to Newsweek pushing the reluctant narrative.

After trying for months to shake off the legacy of their predecessors and focus on their own priorities, Obama administration officials have begun to concede that they cannot leave the fight against terrorism unexhumed and are reluctantly moving to examine some of the most controversial and clandestine episodes.

The acknowledgment came amid fresh disclosures about CIA activity that had been hidden from Congress for seven years, the secrecy surrounding a little-understood electronic surveillance program that operated without court approval, and word that Attorney General Eric H. Holder Jr. favors naming a criminal prosecutor to examine whether U.S. interrogators tortured terrorism suspects.

The way ahead for an administration grappling with severe economic trouble and health-care reform is all but certain to prove controversial, and perhaps difficult to control, for leaders who have foundered in their approach to national security policy.

Fears expressed by President Obama and his chief of staff, Rahm Emanuel, that looking back at the Bush administration would force the country into divisive arguments won new footing yesterday as conservative lawmakers challenged even small steps that Obama and his attorney general appear on the verge of taking.


A few months ago they were racing to do these same things until the poll numbers and the public forced them to do a u-turn. This is just the second try and I guarantee if you did a push you would see after they failed the first time, they regrouped to figure out this plan to push for more probes. Now with his policies tanking this is something they hope to distract the public.


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