Chris K

Chris K
Location
Buenos Aires, Buenos Aires (DF), Argentina
Birthday
January 11
Bio
I'm a starving artist and ramblin' man. Currently in Buenos Aires for art-related purposes.

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Salon.com
APRIL 17, 2009 8:48AM

Separation of DOJ and President

Rate: 2 Flag

As we saw under Bush, it's not too difficult to put the Justice Department in your pocket. With the release of the new torture memos, it's ridiculously obvious that the DOJ was getting its "legal" advice from the administration and then feeding it right back, in an endless loop of self-justification.

Of course the DOJ under Obama will be different, more independent. Right? Wrong. Sure, we got the torture memos--but were there really any surprises. Last time I checked, when potentially criminal activities occur, it is up to the Justice Department (or another prosecutor) to investigate and bring charges against those who may be guilty.

But that's not happening. Why? Because the DOJ is now in Obama's pocket. Should Obama decide who is prosecuted and who isn't? Is that his job? Not last time I checked. But here we are with another endless loop. Obama tells Justice not to prosecute, Justice doesn't prosecute. 

If the DOJ is so beholden to the President and other political pressures, how will we ever hold leaders who have broken the law accountable? The simple answer: we won't. And abuses of power will continue, maybe not under Obama, but eventually. If politicians know they can get away with murder, there are bound to be some who take advantage.

So what we have are two sets of law. The laws that are on the books, that folks like you and me have to follow. Or else, you know, we'll get arrested. Then there are the "laws" which the DOJ issues as "legal opinions." These memos aren't law, and if they go outside of the law, well, they're illegal. Yet anyone who follows such guidelines (phone companies, torturers, etc) was just doing their job, just following the rules. Not the rule of law, but the "rules" set out by the DOJ.

The DOJ must prosecute those who are suspected of breaking laws, and there's plenty of proof out there with all the torture memos. It is Eric Holder's job to decide to prosecute. And he must ignore whatever political pressure he feels. Perhaps I sound naive, but this must be done to ensure a healthy democracy that lives by the rule of law.

Somehow the DOJ must be removed from the influences of the President so that ALL law-breakers will be held responsible. These crimes were not political and should not be treated any differently by Justice. People were tortured. People were "disappeared." These were crimes. Period. Are they still?

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Comments

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You're one hundred percent correct. Holder is cowed and owned. So much for prosecutorial discretion and independence. monkey fingered.

A list of actions against torture you take from your keyboard.
Thanks, BBE. I fear that this lack of independence is now the permanent situation with the DOJ.
It is like AGs have no principles anymore.