Conyers, Nadler Formally Request DOJ Appoint Torture Special Prosecutor

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She wrote that while Obama "ignited a political firestorm" and "pressure is intense--on Capitol Hill and elsewhere--for Congress to "do something...we already are doing something.

"Last year, the U.S. Senate Select Committee on Intelligence began reviewing CIA materials on the first two high-value detainees to be captured, and is finalizing a classified report on their detention and interrogation...So amid all the quarreling and confusion, I say this: Let's not prejudge or jump to conclusions. And let's resist the temptation to stage a Washington spectacle, high in entertainment value, but low in fact-finding potential."

But Conyers has also said that Holder should appoint a special prosecutor to conduct a probe simultaneously.

In their letter to Holder Tuesday, Conyers and Nadler wrote that a special prosecutor "would remove from the process any question that the investigation was subject to political pressure, and it would preempt any perceptions of conflict of interest within the Justice Department, which produced the torture memos.""There can be little doubt that the public interest will be served by appointment of a special counsel,"- Conyers and Nadler wrote. "The authorization and use of interrogation techniques that likely amounted to torture has generated tremendous concern and outrage in this country, and has harmed our legal and moral standing in the world.

"As a country committed to the rule of law, we must investigate and demand accountability for acts of torture committed by or on our behalf. Appointing a special counsel to undertake this task would serve the interests of the Department and of the public in ensuring that the necessary investigation is thorough and impartial, and that the United States fairly investigates serious and credible accusations of misconduct, even where high-ranking government officials may be involved."However, former federal prosecutor Elizabeth de la Vega said if a special prosecutor were appointed the public would never learn the substance of an investigation.

"From the perspective of anyone who wants Bush and Cheney and their top aides to be held accountable for their crimes, the designation of some sort of independent prosecutor right now would be the worst possible eventuality. It's a move that has so many downsides - and holds so few real benefits - that I would be more inclined to question President Obama's motives if he appointed a special prosecutor than if he did not,"- de la Vega wrote in a column published on Truthout.org

"If a special prosecutor were appointed today, what we would have tomorrow would be the very public initiation of a federal grand jury investigation. "Because of the stringent secrecy rules that govern grand jury proceedings - and prosecutors' justifiable concern about violating them - information that was previously public may be transformed into secret grand jury material.

"Victims and witnesses will be interviewed behind closed doors. And most will gladly heed the prosecution's suggestion that, while they have no obligation to keep their testimony secret, there are very good reasons to do so. So there will be no public narrative, no official opportunity for victims to describe what was done to them by the US government."

The other Democratic members of the Judiciary Committee who signed the letter to Holder are: Robert Scott, chairman, Subcommittee on Crime, Terrorism and Homeland Security, Steve Cohen, Chairman, Subcommittee on Commercial and Administrative Law, Hank Johnson, chairman, Subcommittee on Courts and Competition Policy, Mel Watt, Sheila Jackson Lee, Maxine Waters, Robert Wexler, Pedro Pierluisi, Luis Gutierrez, Tammy Baldwin, Anthony Weiner, Linda Sánchez, Debbie Wasserman Schultz, Daniel Maffei.

However, the remaining seven Democrats on the committee--Howard Berman (CA), Rick Boucher (VA), William Delahunt (MA), Charlie Gonzalez (TX), Zoe Lofgren (CA), Adam Schiff (CA), Brad Sherman (CA)--did not sign the letter. It's unclear if they refused to endorse the call for a special prosecutor. Spokespeople for the lawmakers were not immediately available for comment.
Last Updated on Tuesday, 28 April 2009 15:15

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Jason Leopold is editor of the online investigative news magazine The Public Record, http://www.pubrecord.org, and the author of the National Bestseller, "News Junkie," a memoir. Visit www.newsjunkiebook.com for a preview. He is also a two-time (more...)

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