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A Truth Commission to Investigate Bush-Cheney Administration Abuses

by: Senator Patrick Leahy

Fri Feb 13, 2009 at 17:59:17 PM EST


Cross-posted at Daily Kos and Huffington Post

We have just emerged from a time when White House officials often acted as if they were above the law. That was wrong and must be fully exposed so it never happens again.

The Daily Kos community and the netroots played a vital role pursuing, demanding, and exposing the Bush-Cheney Administration's numerous abuses. But there's still more we don't know, and more we must uncover, about the misdeeds of the past eight years.

That is why I proposed the idea of a truth and reconciliation commission to investigate abuses during the Bush-Cheney Administration.  These abuses may include the use of torture, warrantless wiretapping, extraordinary rendition, and executive override of laws.

I have set up a petition at www.BushTruthCommission.com, and I hope you'll sign it to urge Congress to consider establishing a truth and reconciliation commission to investigate the Bush-Cheney Administration's abuses. We already have over 15,000 signatures, but we need to hit at least 20,000 signatures by next week, to build momentum behind this idea.

Senator Patrick Leahy :: A Truth Commission to Investigate Bush-Cheney Administration Abuses
During the past several years, this country has been divided as deeply as it has been at any time in our history since the Civil War.  It has made our government less productive and our society less civil.  In this week when we begin commemorating the Lincoln bicentennial, there is need, again, "to bind up the nation's wounds."  President Lincoln urged that course in his second inaugural address some seven score and four years ago.

Rather than vengeance, we need a fair-minded pursuit of what actually happened.  The best way to move forward is getting to the truth, finding out what happened, so we can make sure it does not happen again.

The Obama Administration has already made huge strides to restore the Constitution and renew our commitment to international law after eight corrosive years. But we must read the full page on this dark chapter in American history before we can turn it for good, which is why I feel so strongly about investigating what really happened. I hope you agree.

On Monday, I delivered a speech at Georgetown University where I outlined my ideas about why we need a truth and reconciliation commission and how it could work.

A truth and reconciliation commission would be tasked with seeking answers. It would provide Congress and the American people with a shared understanding of the failures of the recent past, so we do not repeat them in the future.

Thank you, in advance, for taking action at www.BushTruthCommission.com to prevent history from repeating itself and joining me to support the creation of a truth and reconciliation commission.

-----------
editors note:  Please help keep the word about this proposal in the public eye by Digging the original post.  Thanks!


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Excellent idea - we need both truth and healing (3.00 / 11)
While Obama is focused on looking forward, especially with the global and national economic mess we're facing, Congress can and should examine the mistakes (and outright illegalities) of the past 8 years so the country can learn not just what went wrong but how.

Let Congress investigate, then the Executive Branch can prosecute those who choose to withhold cooperation or to continue obfuscating or lying, and the Judiciary can adjudicate.

We'd have a functioning national government again!

Our lives begin to end the day we become silent about things that matter. MLK Jr  


Excellent speech. (3.00 / 11)
It's encouraging to hear someone in the Senate call for "a reckoning."  This is a debt we owe to our country and ourselves.  There must be some form of accountability for the Bush Administration.  

To paraphrase something Christopher Hitchens said about Henry Kissinger (before Hitchens went off the deep end)...

The statement "Dick Cheney is a war criminal is not hyperbole. It is not a metaphor. It's a job description."  

Thanks for posting, and your decades of service.



Colbert Nation Gulf of America Fund


Thank you, Senator Leahy (3.00 / 9)
I have some concerns about the effectiveness of commissions as there is legal precedence that the Bush administration actions are illegal and must be prosecuted as similar actions were during the Nuremberg trials when we prosecuted these same acts and as professor Johnathan Turleys says, we already know the truth about torture and we made it illegal, period.

That being said, I absolutely signed the petition and I applaud your work in the face of some pressure from the Obama administration who would rather move forward and forget even though it is a danger for future administrations to abuse this practice(for full disclosure, I worked hard to get Obama elected and am still happy, just saying), because I do NOT want this issue to go away and we have to expose the truth to the general public and to everyone; that truth is that we can all say truthfully that the Bush administration, without overacting to our dislike of them and their policies, actually did commit war crimes that are against the Geneva Convention and are the same crimes we prosecuted the Germans and Japanese for during the Nuremberg trials.

Thank you for posting at our site, Senator Leahy and for all the work you are doing.



Thank you for your efforts to start a Truth and Reconciliation... (3.00 / 11)
Commission Senator!

You are 100% right about us needing to read the page before we turn it. History has an unfortunate tendency to repeat itself and truths needs to be known and lessons learned in order to help prevent such an ugly part of our history from rearing it's head again in the future.

And welcome to the Progressive Blue community!

--poligirl  :D


(-5.75,-4.92) "Compromise sounds a lot like capitulation, doesn't it?" --Elizabeth Edwards


Thank you, Senator Leahy! (3.00 / 10)
Recently read that, according to this blogspot: http://thefaithfulpenguin.blog...

Stewart Parnell, president of Peanut Corp. of America, based in Lynchburg, Va., was first appointed to the USDA's Peanut Standards Board in July 2005 and was reappointed in October for a second term that runs until June 2011, according to the USDA.

Good to know that Tom Vilsack removed this guy from the USDA Peanut Advisory Board: LINK to USA Today article on the removal. Also good to hear that Leahy wants to see Parnell in jail:

Meanwhile, Sen. Patrick Leahy of Vermont said at a food safety hearing Thursday that food producers responsible for widespread, deadly outbreaks of disease should face jail time, not just fines.

"I'd like to see some people go to jail," Sen. Patrick Leahy, D-Vt., said during a Senate Agriculture Committee hearing on a deadly salmonella outbreak linked to a Georgia peanut plant that has sickened more than 550 people and killed at least eight.



Abstinence programs breed hypocrites.

Side note: Peanut Corp. of America files for bankruptcy (3.00 / 7)
Link to story.

Abstinence programs breed hypocrites.

[ Parent ]
wasn't this right after the government shut them (3.00 / 6)
down completely?  Something about dead rats, etc. in the exposed crawl space and rafters above where their products were being made....

Ewwwww!

Our lives begin to end the day we become silent about things that matter. MLK Jr  


[ Parent ]
Accountability and Transparency are essential (3.00 / 11)

to our form of Government.

If Administrations see themselves as above the law,

Our Govt, will no longer be

"of for and by the people"

America deserves better ...

America deserves Accountability and Transparency!

AND the World deserves to know the Truth --

Never again, should we be coerced into going to War,

based on "fixed evidence", lies, and scare tactics.

(PS. I still want to know who was behind
the Congressional Anthrax scares, etc ...
We absolutely MUST restore our traditional
"Checks and Balances", if America is ever to reach
our potential.)

Thanks Senator Leahy for taking a stand!

and welcome!



In a time of universal deceit, telling the truth becomes a revolutionary act -- George Orwell


I hope this goes forward. (3.00 / 10)
It will be a lesson for those that try it again.

Around the world, people are waiting (3.00 / 10)
to see whether and how the new administration, the new Congress, and the American people move away from the recent practices toward a more mature, responsible, and quite frankly moral approach.

In the most recent edition of International Bar News (unfortunately, I don't have access to an on-line version or cite) is an article by Talbot D'Alemberte, President Emeritus and Professor of Law at Florida State University and past president of the ABA.  It begins:

When Colin Powell endorsed Barack Obama before the American presidential election, he noted that it was up to the next president 'to fix the reputation that we've left with the rest of the world.'

It is not just on matters such as shutting Guantanamo that we (and President Obama) need to take action. It is also on the politicization of our federal departments and agencies. It is spying on individuals. It is lying to Congress. It is a whole host of known and yet to be discovered misdeeds.

The Senator's appeal for a truth and reconciliation commission is a necessary first step in uncovering the full range of actions that took place.  We must root out the truth, because until and unless we do, the rot will remain to corrosively eat away at our government and our reputation for generations.  That isn't hyperbole, it's just the unfortunate consequence of 8 years of George Walker Bush and Richard Bruce Cheney.


Our lives begin to end the day we become silent about things that matter. MLK Jr  


First concern: inability to prosecute? (3.00 / 9)
I think this is a valid one: if we have a T&R model, there will likely be little to no prosecutions. To borrow a phrase we've heard about the economy, doesn't this increase moral hazard - i.e., if future administrations know that they can bend or outright break the law with limited punishment, is there any deterent for future violations?

This is one of the most vocal criticisms I've heard from the left, and one that I think must be answered before moving forward.


One thing to keep in mind, if they use the South African ... (3.00 / 6)
... model, is that the immunity from prosecution only comes from telling the truth, the whole truth, and nothing but the truth. Omit anything, lie about anything, and you face the full legal jeopardy.

The result is likely to be that people accept the ruin of their potential future careers in public service in return for the get out of jail card ... and that means that the opportunity for many of the evildoers to take a revolving door back into government is far less than it was between Watergate and the Bush administrations.

Support Lesbian creative works - 100% Yuri from ALC Publishing


[ Parent ]
I would like to see something like this happen (3.00 / 5)
but I want some assurances that it will before supporting a T&R commission. As I said downthread, I really don't want us going through this every generation.

[ Parent ]
That's what makes it a T&R commission ... (3.00 / 5)
... and as to whether I trust it to be a genuine T&R commission rather than a puppet show ...

... quick answer? ...

NO!!!

I'll believe its genuine when I see the people breaking down while confessing to heinous crimes, their hoped for career lying shattered at their feet.

Support Lesbian creative works - 100% Yuri from ALC Publishing


[ Parent ]
the question will be whether their careers are lying shattered (3.00 / 2)
and they have to work to regain any level of public trust

or, as in the case of Newt Gingrich for example, they are resurrected without any penance.  Right now, the Republicans seem indifferent to the fact that they have been completely wrong on the economy for example.  And even Obama put Geithner in charge of Treasury despite his obvious involvement with the build-up to the crisis.

As already said, T&R works when people tell the truth and work toward reconciliation with those harmed by showing regret, remorse, etc.  Coming in, being arrogant and returning to "life and luxury as usual" does not promote reconciliation and would be counter to the intent of such an effort.

Our lives begin to end the day we become silent about things that matter. MLK Jr  


[ Parent ]
Second concern: will real reform take place? (3.00 / 7)
Senator Leahy, you used the historical context of the Church Committee in proposing a truth and reconciliation commission to deal with these abuses.

Here's my other problem: the Church Commission revealed that the government illegally spied on American citizens and used disinformation, misinformation and outright harrassment against Dr. King and others to disrupt the civil rights movement.

After this commission, some needed reforms were enacted. And then a few decades later, many of these same reforms were undone by the Bush administration.

How confident can we be that any reforms following this truth and reconciliation commission are lasting and won't be undone by a future administration favoring expedition over legality? This ties into my first concern, in that if there aren't real consequences for lawbreakers, there is no incentive for future administrations to not skirt or break the law.

I am all in favor of moving forward and reconciling, but I also don't want to see us revisit these same wrongs every generation.


Thank You, Senator Leahy (3.00 / 9)
Thank you, Senator, for your leadership on The Truth Commission.  It is an idea whose time has come.  We must hold the Bush Administration accountable to the rule of law and must not overlook their egregious abuses of our Constitution in the interests of moving on.

What plans do you have for acting on your findings?  Do you plan to invovle the courts?

Thank you, once again, for visiting Progressive Blue, and for speaking truth to power.


I'll be happy to sign the petition (3.00 / 8)
I am one of those that feels very strongly about discovering the truth and holding accountable those responsible for any crime committeed.  Prior to the 2000 election I was quietly sitting by and watching others do the grunt work with politics.   I was so disgusted with the results of the 2000 election and what transpired prior to the end of that era that I decided to become in politics.   I just now sent your link to at least 25 family and friends asking that they sign it too.  The way I see it is that the man/or woman at the topp is the ultimate responsible person.  Good luck with finding the truth through investigation.

Welcome to PB.

US Casualties-Afghanastan Can click date link to see by date.


The imperative is to define what is right and do it. Barbara Jordan


Please, do, pursue this investigation (3.00 / 8)
Five areas that I think were grossly harmful to this country that need serious investigation:
(1) Was body armor delayed and made much more expensive because of insistence upon using certain Administration-favored suppliers? I know that executives of a certain company may have gone to jail for this. But was this handled in such a way that no one ever dare do this ever again? Why did the armor take months and months and was of inferior quality?
(2) War profiteering.
(3) Election fraud.
(4) Justice Department shenanigans and biased/illegal handling of cases and appointments and assignments.
(5) Food, drug, and safety mismanagement.
(6) Lack of EPA Law Enforcement. For example, was lack of inspections a factor in the Tennessee coal ash spill--a bigger spill than the Alaskan oil tanker spill?

Regarding torture--I would leave that up to the World Court to handle. As citizens of the world, we have our pre-existing obligations to the Geneva Accords and the World Court. That would be a less partisan way of handling a very touchy issue that would help restore our standing in the world.

Thank you for being a REAL progressive, and for having faith in the Constitution.  

Abstinence programs breed hypocrites.


Thank you Senator Leahy (3.00 / 8)
My feelings are the same as many here. Without sunshine and without prosecutors taking your work and punishing those parties to the fullest extent of the law then it will just happen all over again.

I believe the policies of the Reagan administration that were ignored set the stage for the abuses by Bush and look how far he pushed. If Bush's policies are ignored I don't even want to imagine where the next disciple will push it.

Of course I am a realist and having followed the past eight years I blame the so called opposition party just as much as Bush. Sadly I will never forget the Military Commissions Act. Your actions could restore my faith in the Democratic leadership.

I think it would restore the faith of many Americans who have witnessed far too many examples of two sets of laws, one for us and another for the rich and powerful. It stings especially hard considering that this is the nation with the largest percentage of ordinary citizens living behind bars.

I had already read your words at Daily Kos and signed your petition. I want to thank you for your class. Many Democrats come to these blogs just to bounce a press release off a group of people with higher average incomes but you left comments and shed more light on the situation. Thank you for leaving those comments and your enlightening update.

Some say we should not look backward at all at the misdeeds and missteps of the past eight years.  There are others who say that, even if it takes all of the next eight years, divides this country, and distracts from the necessary priority of fixing the economy, we must prosecute Bush-Cheney Administration officials to lay down a marker.  I believe we should consider a middle ground, which is to find the truth. We need to get to the bottom of what happened -- and why -- so we make sure it never happens again.

On the issue of immunity & prosecutions, a failed attempt to prosecute for this conduct would be the worst result of all as it could be seen as justifying and exonerating abhorrent actions. Given the steps Congress and the executive have already taken to shield this conduct from accountability, any prosecution could be difficult.  What's more, prosecutions could take 5, 10, or more years to accomplish -- and we need to get to the truth much more quickly.

Of course, this avenue would be pursued in consultation with the Justice Department and would not rule out prosecution in appropriate cases, particularly for perjury before the commission -- or for those individuals who choose not to testify before the commission, but are implicated by others.  We could certainly prosecute those people.

No Attorney General should make a commitment not to prosecute for any crime without having investigated the issue.  Some asked Eric Holder to commit not to prosecute for anything that happened on President Bush's watch. That is a pledge no prosecutor should give, and Attorney General Holder did not.  My proposal does not ask for Attorney General Holder to make any such commitment.

I would hope it would not rule out prosecution because if it becomes nothing more than a truth commission it would be truths that would quickly be forgotten.

I just need to add that I feel the real answer is for President Obama to appoint a special prosecutor and be done with it. I'm very disappointing in his public statements against such a move. I had really hoped that electing a constitutional lawyer as president would mean correcting the damages to the constitution and protecting the rule of law from future damages that will certainly come from the examples set by George W. Bush. Or as you put it "reading the full page."

Godspeed to you sir and may your fellow Democrats in the Senate and our President support you in your efforts.

 

"Democracy only works when we claim it as our own" -Bill Moyers


Thank you for cross-posting here, Senator Leahy (3.00 / 7)
The PB is a place where we can have civil discussions when we disagree.

I´ve given it a lot of thought but I can´t sign your petition. I don´t think a Truth Commission is enough and if that were my only worry, I would sign the petition. I won´t sign the petition because I think a Truth Commission might further delay or even preclude what is called for, and that is prosecution.


Yes, yes and yes. (3.00 / 8)
We most definitely need a Truth Commission - with teeth!

Thank you, Senator Leahy.  

The commission should also investigate election fraud, anomalies, purging and disenfranchisement, with the possibility that where crimes, they become prosecuted.

The Bush Administration was so abusive that we can not let it be swept under the rug, and we need to make the Obama Administration realize that.

Karita Hummer


Thank you (3.00 / 6)
Thanks to all of your for your comments and feedback.  Will be working through a lot of these issues in the days and weeks ahead.

Thank you for coming here to reply, Senator Leahy (3.00 / 4)
And please note that while I differ with you on this particular resolution, I do support your efforts overall as a Senator. Please let your colleages in the Senate note that while each of you represent your particular constituancies in your individual States, that times have changed, and that the people of the "netroots" claim each and every one of you as our representatives, whom we will support or not or even actively deny support in their up and coming elections.

You are one of the "good persons" I will support, despite my opinion, that you should have worked to impeach GW Bush. Even though the US Congress and you, included, disappointed me in not doing that, I do agree with many of your positions and will support you.  


[ Parent ]
Thank you sir (3.00 / 4)
I know that I am late but there are actually people in Louisiana who care about justice.

As a personal favor do you think you might talk to Senator Landrieu and see if she may come on board?

Thank you sir for your exceptional work.  


"Moderation to excess is not good for you."~ anonymous


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