I wonder if Barack Obama isn’t playing a bit of bait-and-switch with his comments that he’s inclined to “look forward as opposing to looking backwards” on torture policy and other potential crimes committed by Bush administration officials. In that same interview, on last Sunday’s ABC’s “This Week With George Stephanopoulos,” he also said Eric Holder will be “making some calls” in the interests of the American people and the independence of the Justice Department.
OBAMA: “My general view when it comes to my attorney general is he is the people’s lawyer. Eric Holder’s been nominated. His job is to uphold the Constitution and look after the interests of the American people, not to be swayed by my day-to-day politics. So, ultimately, he’s going to be making some calls, but my general belief is that when it comes to national security, what we have to focus on is getting things right in the future, as opposed looking at what we got wrong in the past.”
It’s politically untenable for the new administration to attempt to prosecute Dick Cheney, George Bush or those under them who carried out their policies. And there are too many important issues going forward to get bogged down in this political tar baby. Still, Obama’s liberal base is screaming for accountability – and they are growing increasingly skeptical that he will bring about “change,” given his out-reach to conservatives, decision to keep Robert Gates as Defense Sec., etc.
So here’s how Obama might finesse it: Stay above the fray by reaffirming the political independence of DOJ and thus put some distance between himself on any investigation. And get out of the way as the Democratic Congress moves ahead, perhaps with Church-style hearings into war-powers abuses. House Judiciary Chairman John Conyers has already introduced legislation for a truth commission and produced a 487-page report on “Reining in the Imperial Presidency.” He’s nominated bull-dogs like Dawn Johnsen to head OLC. So we’ll see.
Pete Yost has a good overview in the AP today about the Bush-era secrecy and disclosure issues Eric Holder will review if confirmed.
