Why Government Investigations?

The investigations that our government undertake hold the greatest consequences in their resolution. The policies that stem from the investigations findings impact every aspect of our society.
Therefore, the execution of these investigations must be beyond reproach, and the motives behind these investigations must also be beyond reproach.
In this blog, I have mustered my resources to research the incentives behind controvesial government investigations, their execution, and possible ramifications.

Thursday, September 17, 2009

C.I.A. Investigation

On 24 August 2009, U.S. Attorney General, Eric Holder appointed Federal Prosecutor, John Durham to investigate possible crimes applying Enhanced Interrogation Techniques, used by the CIA during the interrogation of enemy combatants that would violate Title 18 Section 2340-2340A of United States Code
The motive behind this investigation has invited a lot of controversy. The main reason for this is, as the documents presented will show, that the CIA and the Department of Justice understood the legal ramifications of interrogation and consulted with each other repeatedly on the interpretation of the Law surrounding interrogation tactics. The DOJ signed off on every technique as legal. Therefore, the CIA interrogators were fully aware of their boundaries regarding the techniques they could employ during interrogation.
A.G. Holder has not cited any new evidence that may warrant a second investigation.
The first investigation is documented in the IG report of 2004

So why the investigation?

Timeline:
22 January 2009

President Obama issued Executive Order 13491 – Ensuring Lawful Interrogations.
In this order, the President ordered the closure Guantanamo Bay and other Certain Detention Facilities.
(White House)
“The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.”
The President also ordered the formation of a Special Inter agency Task Force on Interrogation and Transfer Policies.
15 April 2009
In an interview with CNN En Español, the following exchange happened between the president and the interviewer;
Q Spanish judge Baltasar Garzón is considering a lawsuit filed by attorneys representing six Spaniards who were at one point held at Guantanamo. And that lawsuit wants to go after President Bush's legal team. What is your reaction to that?
President Obama: Well, you know, obviously I've been very clear that Guantanamo is to be closed, that some of the practices of enhanced interrogation techniques I think ran counter to American values and American traditions. So I've put an end to these policies.
I'm a strong believer that it's important to look forward and not backwards, and to remind ourselves that we do have very real security threats out there.
15 April 2009
On the same day, the President said, “I'm a strong believer that it's important to look forward and not backwards, and to remind ourselves that we do have very real security threats out there,” the Obama administration releases following CIA documents regarding interrogation methods.
In all of these documents the DOJ states that the Enhanced Interrogation Techniques do not violate US Law.
Following these reports, on 31 August 2006, the DOJ sent a letter to John Rizzo of the CIA assuring him that the DOJ,s interpretation of the law states that the CIA is not committing a crime if they follow the policies laid out.
14 May 2009
Speaker of the House Pelosi stated that “it is the CIA’s’ policy to mislead”, and she claims that “the CIA misled congress”. "Every step of the way the administration was misleading the Congress and that is the issue and that's why we need a truth commission," she said.
The only thing Speaker Pelosi claimed she was misled on was that she was not informed that the CIA were water boarding. This was also authorized by the DOJ
Pelosi also stated that she has been calling for a Truth Commission into possible illegal activities authorized by the Executive Branch to utilize torture.
5-15-2009
CIA Director Leon Panetta’s responded to Speaker Pelosi.” Let me be clear: It is not our policy or practice to mislead Congress. That is against our laws and values."
24 August 2009
AG Holder appoints prosecutor John Durham as investigator into CIA operatives’ possible unlawful interrogation tactics and releases the 2004 IG s Report on Torture.

24 August 2009

The NY Times writes that the Obama administration will continue the Bush administration’s practice of sending terrorism suspects to third countries for detention and interrogation, but, administration officials said, pledges to closely monitor their treatment to ensure that they are not tortured. The Special Inter agency Task Force on Interrogation and Transfer Policies completed their report http://www.justice.gov/opa/pr/2009/August/09-ag-835.html commissioned in January, and details that assurances be obtained from those that interrogate that detainees will not be tortured.

9 September 2009
The CIA has a new External Advisory Board. CIA Director Panetta announced the board, comprised of politicians, who will advise the CIA in Politics, essentially castrating them.
Benefits and Consequences of the Investigation
The Obama administration can only gain two things from this investigation. If they find that crimes were committed, they can get one up on the Bush administration. The President can gain a political advantage by pardoning the “guilty”.
However, the statute of limitations for prosecution of a crime under Title 18 Section 2340-2340A of United States Code is Five years. Considering the alleged crimes happened in 2002, prosecution will be impossible.
The consequences are grave. Destroy the CIA’s reputation, work, and morale. Possibly endanger national security and politically divide the country.
Also consider that the President is keeping overseas detention facilities open. With mid term elections are on the horizon, I'm sure the Republicans will return the Presidents CIA campaign with their own detainee camp investigation. Whatever this investigation produce, it will be within the statute of limitations to prosecute whoever is involved.
Summary
On 4/15/09 the President’s “look forward” speech made him look bi-partisan and grabbed the headlines, but then he released the CIA documents to advance his politics and appease the ACLU.
On 8/24/09, he did the same thing, he appointed a prosecutor to investigate the CIA, which grabbed the headlines and floated that overseas detention facilities are to remain open.
The CIA has been investigated previously, and only one contractor was convicted of interrogation abuse.
Any agents cited of wrongdoing cannot be prosecuted .
Conclusion
All of these facts have been authenticated through government sources and video excerpts. Links to the sources are in the text for your own research and verification. Based on the facts provided above, I conclude that this investigation is politically motivated solely for the fact that no one can be prosecuted.
Therefore, the integrity of the government is in question and the trust of their executors lost.
Footnote
The 2004 IG s Report on Torture, was released on 24 August 2009. On Page 109 Section 255, CIA agents expressed concern over possible future prosecution in the US or abroad, and that a future US Government would not stand behind them.
I Wonder why?

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