Adviser: As President, Obama Would Only Prosecute ‘Egregious’ Bush Crimes
Presidencies are about looking forward, not backwards, so it was predictable that Barack Obama would signal that, if elected, he would have little interest in prosecuting the criminal acts of the current administration.
If Nixon had been imprisoned, it’s doubtful that 30 years later Dick Cheney would have opted to exchange his seat as the head of Halliburton, where he was free to rape and pillage the world with impunity, for the vice presidency, where his power would have been constrained by the U.S. Constitution.
As predictable as Obama’s position is — John Kerry would likely have held the same view under similar circumstances, and certainly John McCain supports it — it is deeply troubling because of the seriousness of the crimes in question, which include lying to Congress about the rationale for war, authorizing torture, betraying a covert CIA agent, criminal negligence in the response to Hurricane Katrina, spying on Americans without warrants, using the Justice Department as the political enforcement arm of the Republican National Committee, election fraud and consorting with corrupt lobbyists, just for starters.
At the Netroots Nation meeting in Austin last weekend, Chicago Law School professor Cass Sunstein, an informal adviser to Obama, warned liberal activists not to expect Barack Obama, if he is elected, to prosecute Bush crimes unless the crimes are what Sunstein described as “egregious”:
[Sunstein] urged caution in prosecuting criminal conduct from the current administration, while also noting that egregious crimes should not be ignored. Prosecuting government officials risks a “cycle” of criminalizing public service, he argued, and Democrats should avoid replicating retributive efforts like the impeachment of President Clinton — or even the “slight appearance” of it.
The fatal flaw in Sunstein’s formulation is that, in fact, there has not been a “cycle of criminalizing public service.” There has been one system of high accountability for Democrats and another system that allows Republican White House officials to escape any sort of accountability whatsoever.
While dozens of Clinton White House officials were dragged before Republican-controlled congressional committees hundreds of times for matters as petty as an investigation into the Clintons’ cat, none of which resulted in a charge of wrongdoing — and Clinton himself was more than held accountable for the crime of lying about an extramarital affair in a deposition for a civil lawsuit — Bush, Cheney and their associates have not been held accountable for a whole host of deliberate criminal acts, especially including lying to Congress and the American people about their reasons for the invasion and occupation of Iraq, which was by all measures an “egregious” abuse of power that has resulted in the deaths of over 4,000 U.S. troops and hundreds of thousands of innocent Iraqis.




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