This is the background against which the current acts of the new Attorney General, Michael B. Mukasey must be judged. As I noted previously, there is a strong basis to fear that Mukasey came up through a
litmus test under which he was required to do two things:
(1) to give his commitment to continue to provide cover for the torture system, and (2) to block any effort to have a meaningful criminal investigation that would disclose the torture system or any of its details. As things now stand, it looks like Mukasey is delivering on these test points. He’s been on the job for a month, and he continues to publicly refrain from expressing an opinion on waterboarding. This signals that there has been no change in the status quo ante, namely, torture techniques including waterboarding remain on the agenda, available for use.
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Update: More Evidence of DOJ Cover-Up
Just as I posted this, the Associated Press issued a story which gives much more substance to my suspicions. In submissions filed with a federal judge in Washington, the Justice Department has taken the legal position that the Bush Administration was under no obligation to preserve the tapes, and insisting that the Court look the other way and undertake no investigation. Here’s the AP’s lead:
The Bush Administration told a federal judge it was not obligated to preserve videotapes of CIA interrogations of suspected terrorists and urged the court not to look into the tapes’ destruction. In court documents filed Friday night, government lawyers told U.S. District Judge Henry H. Kennedy that demanding information about the tapes would interfere with current investigations by Congress and the Justice Department.
It was the first time the government had addressed the issue of the videotapes in court. Kennedy ordered the administration in June 2005 to safeguard “all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay.”
http://www.huffingtonpost.com/huff-wires/20071215/cia-videotapes/ Let me translate this for you from the legalese. Mukasey to judge pressing queries about tapes destroyed in defiance of his court order:
“Drop dead.” The political bucaneer appearing for the Justice Department, Jeffrey S. Bucholtz, explains that if the Court starts looking into the matter, it might get in the way of the Justice Department’s preliminary investigation. Mr. Bucholtz is a certified “movement conservative,” a former clerk to Judge Alito, and a man who earned his Bush DOJ stripes by successfully arguing that
Dick Cheney is immune to litigation and discovery, including of what he has lurking in that man-sized safe. much more at:
http://harpers.org/archive/2007/12/hbc-90001917