Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.

Barack Obama has said pretty clearly that he doesn’t plan to prosecute the CIA agents who tortured prisoners during the Bush era.  But what about the policymakers?  Here’s what he said at a press conference a few hours ago:

Q: You were clear about not wanting to prosecute those who carried out the instructions under [the OLC’s] legal advice. Can you be that clear about those who devised the policy?

THE PRESIDENT: […] With respect to those who formulated those legal decisions, I would say that that is going to be more of a decision for the Attorney General within the parameters of various laws, and I don’t want to prejudge that. I think that there are a host of very complicated issues involved there.

The way this question is worded, it sounds as though Obama’s answer applies to the legal team that wrote the OLC memos.  But of course that’s absurd.  There’s no way you could prosecute the OLC lawyers without also prosecuting the guys who accepted their memos and ordered the torture carried out.  That means people like John Ashcroft, George Tenet, Dick Cheney, David Addington, and George W. Bush.

Would Eric Holder do that without Obama’s approval?  It’s hard to believe that he would.  Might he appoint a special prosecutor instead?  I doubt it.  That might delay things a bit, but the conclusion would still be foreordained: anyone with even a modest bit of integrity would conclude very quickly that President Bush and his staff did indeed authorize illegal torture of prisoners under U.S. control.

So what happens next?  I don’t know for sure, but my guess is that after a suitable waiting period an internal DOJ report of some kind will conclude that successful prosecution is unlikely and no further action should be taken.  End of story.  We’ll see.

YOUR GIFT DOUBLES THROUGH FRIDAY

Right now, every dollar you give goes twice as far—but only until Friday’s midnight deadline. This is the moment to make your support count double.

In a climate where journalists face mounting pressure to back down, stay silent, or soften their reporting, Mother Jones refuses to flinch. We’re pushing back against intimidation and delivering fierce, independent journalism that holds power accountable—no matter who’s trying to silence us.

But here’s the reality: We’re a nonprofit newsroom with zero corporate backing and no financial cushion. We depend entirely on readers like you to fund the investigations that matter most.

Friday’s 2X match deadline is coming soon. We need you on the team right now. Please chip in and double your impact.

YOUR GIFT DOUBLES THROUGH FRIDAY

Right now, every dollar you give goes twice as far—but only until Friday’s midnight deadline. This is the moment to make your support count double.

In a climate where journalists face mounting pressure to back down, stay silent, or soften their reporting, Mother Jones refuses to flinch. We’re pushing back against intimidation and delivering fierce, independent journalism that holds power accountable—no matter who’s trying to silence us.

But here’s the reality: We’re a nonprofit newsroom with zero corporate backing and no financial cushion. We depend entirely on readers like you to fund the investigations that matter most.

Friday’s 2X match deadline is coming soon. We need you on the team right now. Please chip in and double your impact.

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate