Democracy Has Prevailed.

May 1, 2009

Obama and Torture At The News Conference

First, let's start with Glenn Greenwald:

As for Obama's answer to Tapper on whether he believes the Bush administration "sanctioned torture," what is most significant is that Obama flatly stated that waterboarding -- which Bush officials acknowledged that they ordered -- constitutes "torture." That means that Obama is currently and simultaneously advocating these positions:

* Bush officials ordered torture.

* Torture is a crime.

* Nobody is above the law.

Unless you're David Broder, Fred Hiatt, Peggy Noonan or Tom Friedman, those premises of Obama's, as a matter of logical reasoning, all necessarily lead to one conclusion (hint: it's not: "This is a time for reflection, not retribution"). Greg Sargent has similar thoughts about the significance of Obama's torture answer.

And here's Greg Sargent:
The key moment came at the end of an exchange with ABC News’ Jake Tapper. After Obama acknowledged that waterboarding is “torture” — a word he and his aides had shied away from using of late — came this:

TAPPER: I’m sorry, sir, but do you believe the previous administration sanctioned torture?

PRESIDENT OBAMA: I believe that waterboarding was torture. And I think that the — whatever legal rationales were used, it was a mistake.

Obama implicitly acknowledged here that the previous administration used “legal rationales” to justify “torture.”

This underscores yet again how dicey this is for Obama politically: He’s acknowledging that the previous administration created “legal rationales” to allow itself to engage in behavior that’s outlawed by international treaties. At a minimum, this would seem to give some pretty powerful ammo to those who want some kind of noncriminal probe into what happened.

Then there's this from an interview Sargent did with Congressman Jerrold Nadler (D-NY):
“President Obama said, `They used torture, I believe waterboarding is torture,’” Nadler said, speaking of Obama’s comments about his predecessors. “Once you concede that torture was committed, the law requires that there be an investigation, and if warranted, a prosecution.”

Nadler and other House Dems have already called on the Attorney General to appoint a special prosecutor to look into potential torture crimes. Yesterday’s comments from Obama, Nadler says, make it clearer still that this is the only legal path open to the administration — in part because Obama seemed to acknowledge that his predecessors had violated “international law.”

“The president stated in so many words: Waterboarding is torture, the previous administration has admitted that it waterboarded, and torture is a violation of international law,” Nadler said. “Once this is admitted, there must be an investigation. It forces the Justice Department on this path.”

Investigate the torture. It's the law.

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