Yes, Obama's Chief of Staff, Rahm Emmanuel, has now said flatly that there will be no prosecutions of Bush officials, but the reality is that this story is far from over. As former CIA head Michael Hayden said on April 19, more by way of complaint than promise: "There will be more revelations. There will be more commissions. There will be more investigations," he said.
This statement may be one of the few Hayden has ever made that I can agree with. The truth is that - frustrating and appalling as it is - given the amount of damning information that's been revealed, we are just starting this process. If we are to have any hope of achieving some form of justice for these criminals and their victims, we must let the horror of the conduct and the extent of culpability reveal themselves in public view. And we must facilitate a narrowing of the focus so that specific defendants and charges can be clearly identified in the minds of not just the general public, but decision-makers at the Justice Department.
What we continue to need, in sum, are unwavering spotlights, even more civic education, and, most importantly, an irrefutable and cohesive factual narrative - comprised of direct and circumstantial evidence - that links the highest-level officials and advisers of the Bush administration, ineluctably, to specific instances and victims of torture. What we will surely have, however, if a special prosecutor is named, will be precisely the opposite: The initiation of a federal grand jury investigation right now would be roughly the equivalent of ceremoniously dumping the entire issue of torture into a black hole. There will be nothing to see and we will be listening intently to radio silence, trying to make sense of intermittent static in the form of the occasional unreliable leak. For years. There may never be any charges and we will almost certainly never have the unimpeachable historical narrative that we need.
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Elizabeth de la Vega is a former federal prosecutor with more than 20 years of experience. During her tenure, she was a member of the Organized Crime Strike Force and chief of the San Jose Branch of the US attorney's office for the Northern District of California. Her pieces have appeared in a variety of print and online publications including Truthout, TomDispatch.com, The Nation, The Los Angeles Times, Salon, Mother Jones and The Christian Science Monitor. The author of "United States v. George W. Bush et al," she may be contacted at ElizabethdelaVega@Verizon.net or through Speakers Clearinghouse.
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