Tortured Logic: The Rule Of Law Resurfaces, As We Await CIA’s IG Report
UPDATE: This just in: CIA and DOJ are asking for more time before releasing the CIA IG report. Knock me over with a feather. More details as I get them.
Today, the less-heavily-redacted version of the CIA IG report on torture and interrogation techniques during the Bush Administration is due for release. Unless, of course, there is yet another delay.
Why I’d think there might be another attempt at delay is beyond me. I’ll let Marcy take the Rizzo from here. And hope we see an IG report sometime before I pass from this earth.
While we wait, I wanted to note a potential victory of sorts for the rule of law from the still-as-yet-unhelmed by Dawn Johnsen OLC. Because any good news on the rule of law is worth spreading around, I thought I’d make certain you all saw this from the WSJ:
In a memorandum issued May 4, David Barron, acting assistant attorney general, said the office believes there is a "serious risk" that federal courts "would adopt a constitutional due process approach" when evaluating military commission trials, people familiar with the memo say.
Mr. Barron advised that federal courts were unlikely to require strict adherence to Bill of Rights provisions spelling out specific procedures, such as the Sixth Amendment speedy trial right, or the Miranda warning, which the Supreme Court imposed in 1966 to ensure compliance with the Fifth Amendment right against self-incrimination and the Sixth Amendment right to an attorney.
But Mr. Barron advised that courts were likely to view the use of coerced statements to convict and punish defendants as violating any definition of the Fifth Amendment’s Due Process Clause, which courts have cited in establishing a baseline of fundamental rights. As a result, some officials believe a legislative fix to the Military Commissions Act should include additional rights for defendants in order to lower the chances courts would strike it down.
I’ve got a request in at DOJ for comment on several aspects of this, and will let you know if I get a response and/or any confirmation that this memo does, indeed, exist. Spencer has already done some excellent digging on the indefinite detention order angle.
Plus, Anthony Romero of the ACLU had some choice words about potentially reviving military commissions in response to the WSJ report that are well worth a read. And they have a petition going to the WH and Congress on indefinite detention.
As Daphne Eviatar reported yesterday, ACLU plans to move forward with a challenge to use of any evidence obtained through torture in the Jawad case. Considering some of the evidence of brutal treatment that Glenn, Marcy, and McJoan have detailed recently, there’s a lot more challenge out there to come, I’m certain.
Speaking of the ACLU, Jameel Jaffer lined out areas of accountability they hope to achieve — including lining out a number of areas where information is still being withheld from the public.
As Digby astutely says regarding the possible release of the CIA IG report:
They surely hope that is the end of it. But it isn’t. There are too many people involved and too much evidence to keep it covered up. By refusing to lance this boil they are allowing the poison to continue to infect everything until the whole body politic is putrid with it. It’s a big mistake.
The ACLU’s accountability initiative is important for any number of reasons. But the building of a complete and transparent public record has to be at the top of the list for me. More sunlight, please. And soon.
Morning all. I’m not certain what it says when a CYA maneuver to restore the rule of law on some level feels like good news, but here we are.
SIGH
I’ll take any step back towards the light at this point.