eports over the weekend indicate that Attorney General Holder is seriously considering the appointment of a special prosecutor to investigate torture and other abuses that occurred during the Bush-Cheney administration.
This would be a major reversal and indicates that our efforts for torture accountability are paying off. We are close to success but pressure is mounting to prevent prosecution. Please act now to write the President and Attorney General to urge a criminal investigation. Click here to take action.
Already, there is a strong reaction trying to thwart the appointment from leading Republicans like Senator John McCain and Rep. Peter King. McCain warned such a prosecution would give terrorists "more tools." And King urged a "scorched earth policy" of non-cooperation by Republicans on all issues.
n the White House, political advisors David Axelrod and Rahm Emanuel oppose a probe because of the impact it might have on the president's legislative agenda.
But, under the law, the Attorney General has no choice. The Convention Against Torture was signed by President Reagan and is now the law of the land. It requires an investigation and prosecution if torture has occurred. There are no excuses. To revive the credibility of the Department of Justice as a law enforcement agency instead of a White House political tool, Holder must uphold the law.
Newsweek reports that four sources tell them the Attorney General is leaning toward the appointment and has already requested ten names of potential prosecutors. Scott Horton, the Atlantic's torture reporter, writes in the Daily Beast that two sources confirm Holder's appointment preparations.
There are still issues that could turn this potential success into a failure. One is the breadth of the probe. Will it be broad enough to include the policy makers who were responsible? If not, it will be a whitewash. The Washington Post indicates torture policy makers would not be investigated and the probe would be limited to those who went beyond the limits of the DOJ memos. Scott Horton is reporting a broader investigation would be authorized.
It would be a grave error to limit the inquiry to those outside of the DOJ memos; the memos' legal analyses were flawed and manipulated. Indeed, the White House's manipulation of the Justice Department must be investigated to return credibility to the agency as an apolitical upholder of the law. The appointment of a special prosecutor is likely to come at the same time that DOJ releases an Office of Professional Responsibility report on the legal memos and whether the authors should be disbarred.
We are asking you to take three actions:
1. Write Attorney General Holder. The letter we have drafted makes the following points. The first is that the rule of law demands a full-fledged torture investigation. The second is that the authors of the memos that facilitated torture should be recommended for disbarment. The last is that the special prosecutor should be truly independent and allowed to fully investigate the facts and apply the law to the highest levels of government. The Justice Department reputation for independence cannot be restored without a full investigation, including holding DOJ officials responsible for their actions.
2. Write President Obama to tell him that political considerations are secondary to upholding the rule of law. He lectured the people of Africa in Ghana this weekend, "You have the power to hold your leaders accountable." Americans have the same power and responsibility. President Obama needs to make it clear that DOJ is independent of the White House. He needs to make it clear that this is the Attorney General's decision. And he needs to make it clear that de-politicizing the issue by applying the rule of law is best for the country.
3. Share this email with everyone you know. The movement for torture accountability is growing. Now that this idea has been floated the pressure to prevent an independent prosecutor is going to mount. It is going to take a lot of public pressure to ensure torture accountability.
Voters For Peace has been calling for a special prosecutor, a public Congressional inquiry, and disbarment of torture lawyers. With your financial and advocacy help, we are making progress that less than a month ago seemed impossible. It seems we are nearing success. Now is the time for you to take action. Urge torture accountability and support our ongoing efforts for the rule of law.
Thank you.
Kevin Zeese
Executive Director
Voters for Peace
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