Thursday, April 16, 2009

CIA Workers Won't Be Prosecuted for Waterboarding

Update 4-20: See Obama speak to the CIA here.
The left will be angry about this but why should CIA employees be tried when they were following the law according to Bush Cheney?
If anyone is going to be tried it should be Bush Cheney and many people would like to see that happen. But I agree that it would be a waste of time to pursue Bush Cheney. As it says in the release below, the Department of Justice deemed torture as legal under Bush. It's over and we need to get so many more things done without wasting precious resources on Bush Cheney.
MSNBC: The Obama administration on Thursday informed CIA officials who used waterboarding and other harsh interrogation tactics on terror suspects that they will not be prosecuted.

Even before President Barack Obama took office in January, aides signaled his administration was not likely to bring criminal charges against CIA employees for their roles in the secret, coercive terrorist interrogation program. It had been deemed legal at the time through opinions issued by the Justice Department under the Bush administration.

But the statement issued Thursday by Attorney General Eric Holder, the nation's chief law enforcement officer, is the first definitive assurance that those CIA officials are in the clear, as long as their actions were in line with the legal advice at the time.

Eric Holder's news release:
In connection with ongoing litigation, the Department of Justice today released four previously undisclosed Office of Legal Counsel ("OLC") opinions – one that OLC issued to the Central Intelligence Agency in August 2002 and three that OLC issued to the CIA in May 2005.

"The President has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture," said Attorney General Eric Holder. "We are disclosing these memos consistent with our commitment to the rule of law."

Holder also stressed that intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.

The Attorney General has informed the Central Intelligence Agency that the government would provide legal representation to any employee, at no cost to the employee, in any state or federal judicial or administrative proceeding brought against the employee based on such conduct and would take measures to respond to any proceeding initiated against the employee in any international or foreign tribunal, including appointing counsel to act on the employee’s behalf and asserting any available immunities and other defenses in the proceeding itself.

To the extent permissible under federal law, the government will also indemnify any employee for any monetary judgment or penalty ultimately imposed against him for such conduct and will provide representation in congressional investigations.

"It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department," Holder said.

After reviewing these opinions, OLC has decided to withdraw them: They no longer represent the views of the Office of Legal Counsel.