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There will be no Prosecutions over Interrogation Techniques

21 April 2009 No Comment

That’s right. Because of these lawyers hard work this country didn’t receive an attack after 9/11, but Obama bowing to the uber-terrorist loving left opened the door to prosecuting them. Unfortunately it’s not going to happen. First from Fox:

“President Obama answered the call of the left Tuesday by opening the door for prosecution of the Bush administration lawyers who wrote the so-called “torture memos,” which cleared the way for the CIA to use harsh interrogation methods when questioning suspected terrorists.

But that doesn’t mean those attorneys will end up facing prison sentences any time soon.

Some legal analysts doubt the Obama administration and Attorney General Eric Holder have the stomach for taking on their predecessors. And others question whether the Justice Department would pursue a case that amounts to prosecuting a legal opinion.

“My prediction is you’ll never see prosecutions,” said Doug Burns, a former federal prosecutor. He said Obama was merely backpedaling Tuesday to blunt the political backlash he was facing from the left.

Though the president has said that CIA agents will not be charged for following legal guidelines for interrogations, some Democrats have pushed him to support prosecution of the lawyers who drafted the legal ground for such interrogations. Obama said Tuesday that he will defer to Holder on those potential charges.

But if Holder goes down that road, it will be unprecedented, legal analysts said. DOJ lawyers believe it or not are for the most part a-political and simply have no interest in going after their own. Doing so would open the door for simuliar witch hunts down the road.

Bush could have chosen the same route after taking office in 2000. After all there was the Clinton Pardons, especially that of Marc Rich, but was advised strongly not to do so by Ashcroft.

More than likely Obama spoke off teleprompter today and already has Holder wincing. More than likely there will be a back-peddle in the coming days.

“It would really be a very, very difficult case to make,” said Bruce Fein, a constitutional lawyer and former official in the Justice Department’s Office of Legal Policy.

Not impossible, though. Fein said the prosecutor in the case would have to prove that the Bush attorneys essentially fabricated the legal justification in their memos.

“You would have to show that the legal arguments were just totally concocted,” he said. “It’s a very, very narrow path.”

Tonight a senior DOJ source tells me that this is essentially going nowhere.

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