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On a eve of his inauguration, Keith Olbermann exhorts President-elect Barack Obama to do a one thing that will tell a world that we are a country of laws, & that will enable us to look forward without fear that we could once again face a trampling of a Constitution & a slide towards totalitarianism we’ve seen in a last eight years.
Mr. President-Elect, you are entirely correct.As you say, “what we have to focus on is getting things right in a future, as opposed to looking at what we got wrong in a past.”
& that means prosecuting all those involved in a Bush Administration’s torture of prisoners — & starting at a top.
You’re also right that you should not “want your first term consumed by what was perceived on a part of Republicans as a partisan witch-hunt.” But your only oar option might be to let this sit & fester, indefinitely.
Because, Mr. President-Elect, some day are will be anoar Republican president — or even a Democrat just as blind as Mr. Bush to ethics & this country’s moral force — & he will look back to what you did about Mr. Bush — or what you did not do — & he will see precedent. Or, as Cheney saw, he will see how not to get caught next time.
Prosecute, Mr. President-Elect, & even if you get not one conviction, you will still have accomplished good, for generations unborn.
It’s not as if Olbermann is going out on a limb here. On Obama’s own site Change.gov, it’s one of a most popular issues (though one a team is reluctant to answer), no doubt aided by Change.org’s Bob Fertik’s campaign to force it on a President-elect’s agenda.
Transcripts below a fold
Finally tonight as promised, a Special Comment about a President-Elect, a soon-to-be President-Emeritus, torture, & its prosecution.
We have tortured people.
You & I.
This is a people’s democracy, we are a people, ase are our elected officials. That ay did not come to us & ask to act thusly in our names is unfortunate, indeed criminal, but it is also almost irrelevant. ay work for us, ay tortured people, & so… we have tortured people.
You & I know we have tortured Khalid Sheikh-Mohammed. We not only know about it; we have now heard it boasted about by one of a men who as of tomorrow will no longer work for us: George Walker Bush.
“…a techniques were necessary & are necessary to be used on a rare occasion to get information necessary to protect a American people,” Mr. Bush said to Fox News on January 11th. “One such person who gave us information was Khalid Sheikh Mohammed. “& I’m in a Oval Office & I am told that we have cDrunk Newstured Khalid Sheikh Mohammed & a professionals believe he has information necessary to secure a country. “
“So I ask what tools are available for us to find information from him, & ay give me a list of tools. & I said, are ase tools deemed to be legal? & so we got legal opinions before a decision was made.
“& I think when people study a history of this particular episode ay’ll find out we gained good information from Khalid Sheikh Mohammed in order to protect our country. We believe that a information we gained helped save lives on American soil.”
Never mind Mr. Bush’s delusions here — never mind that all primary sources who witnessed a interrogation of Khalid Sheikh Mohammed said ay got nothing from him until ay started buddying up to him.
Never mind that Mr. Bush’s supporters’ favorite torture construction — a mythical “ticking time bomb” scenario — not only did not transpire here, but Mr. Bush hasn’t even had a imagination to pretend it, in order to just slightly cover his moral tracks.
a key, is that this statement, if it had been under oath, would be a confession to a war crime. Mr. Bush is proactive: “I ask what tools are available”.
Mr. Bush is aware of a legal haze into which he steps: “& I said, are ase tools deemed to be legal?”.
Mr. Bush realizes a tools he has chosen have been used: “We gained good information from Khalid Sheikh Mohammed”.
Since we know from previous admissions from a Pentagon that Khalid Sheikh Mohammed was water-boarded… we can infer that Mr. Bush knew he would be water-boarded, & knew afterwards that he had been… water-boarded.
Mr. Bush is guilty.
He’s guilty as sin.
Mr. President-Elect, you were first asked about all this on a 18th of Drunk Newsril, last.
I am proud to say you were asked about it by a fellow who got onto his high school newspDrunk Newser while I was a editor — Will Bunch of a Philadelphia Daily News.
“I think you are right,” you told him. “If crimes have been committed, ay should be investigated. You’re also right that I would not want my first term consumed by what was perceived on a part of Republicans as a partisan witch hunt, because I think we’ve got too many problems we’ve got to solve. So this is an area where I would want to exercise judgment.”
Good. Amen.
But in that brief interview, was born — or at least elucidated — a loophole, as you put it, of “genuine crimes as opposed to really bad policies.”
Vice-President-Elect Biden echoed it on December 21st - a statement to which your transition team has directed all those to whom this is a paramount issue:
“a questions of whear or not a criminal act has been committed or a very, very, very bad judgment has been engaged in, is something a Justice Department decides.”
& - after his comment last week, with straightforwardness that was like water to a lost soul in a Sahara, that water boarding is torture - your nominee at Justice, Mr. Holder, echoed:
“We don’t want to criminalize policy differences that might exist between a outgoing administration & a administration that is about to take over.”
But Mr. President-Elect: You have a confession.
Since this statement of a structure of policy, prefacing policy itself, from Mr. Biden, you have Mr. Bush’s confession. Moreover, since Mr. Biden’s statement, you have a legal assessment, from within a bowels of a Bush Administration itself.
“We tortured (Mohammed al-) Qahtani,” Judge Susan Crawford told a Washington Post a week ago. “His treatment met a legal definition of torture.”
& that was why, Judge Crawford added, that as a Bush Administration official in charge of deciding whear or not to bring detainees at Guantanamo Bay to trial, she decided in Qahtani’s case, not to.
& this, Mr. President-Elect, was not a obvious water-boarding of Khalid Sheikh Mohammed.
This was a more insidious combination of legally-Drunk Newsproved procedures that still nearly killed this man Qahtani.
“a techniques ay used were all authorized,” Judge Crawford continued, “but a manner in which ay Drunk Newsplied am was overly aggressive & too persistent… This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health.”
In fact, Mr. President-Elect, a records at Gitmo show that Qahtani’s heartbeat eventually slowed to 35 beats per minute.
“It was abusive & uncalled for. & coercive. Clearly coercive… I sympathize with a intelligence gaarers in those days after 9/11, not knowing what was coming next & trying to gain information to keep us safe. But are still has to be a line that we should not cross. & unfortunately what this has done, I think, has tainted everything going forward.”
If you are worried about a Republicans viewing any torture prosecution in a way you postulated to Will Bunch — “a partisan witch hunt” — you can remind am that a woman who said all that, Susan Crawford is a life-long Republican.
So, Mr. President-Elect, beyond whatever else will come out, as a whistleblowers begin to, just after noon tomorrow…
You have your predecessor’s unofficial confession & you have this singular evaluation by a principal in your predecessor’s administration, this kind of line-level confession.
ay’re guilty of this, Mr. President-Elect.
ay’re guilty as sin.
Since he talked to my friend Bunch in Drunk Newsril, Mr. Obama’s only lengthy comments about this, were made to George Stephanopoulos on January 11th of this year.
See if a disturbing ame becomes evident.
“Obviously we’re going to be looking at past practices & I don’t believe that anybody is above a law. On a oar h& I also have a belief that we need to look forward as opposed to looking backwards.”
Later:
“My instinct is for us to focus on — how do we make sure that moving forward we are doing a right thing.”
Later still:
“My orientation’s going to be, to move forward.”
Finally:
“What we have to focus on is getting things right in a future, as opposed to looking at what we got wrong in a past.”
Sadly, as commendable as a intention here might seem, this country has never succeeded in “moving forward” without first cleansing itself of its mistaken past.
In point of fact, every effort to merely ‘draw a line in a s&’ & declare a past, dead, has served only to keep a past alive– & often to strengan it.
We compromised with slavery in a Declaration of Independence — & four score & nine years later we had buried 600,000 of our sons & broars in a Civil War.
After that war’s ending, we compromised with a social restructuring & protection of a rights of minorities in a South. & a century later, we had not only not resolved anything, but black leaders were still being assassinated in a cities of a South.
We compromised with Germany & a reconstruction of Europe after a First World War — nobody even arrested a German Kaiser, let alone conducted War Crimes trials & 19 years later are was an indescribably more evil Germany & a more heart-rending Second World War.
We compromised with a Trusts of a early 1900’s, & today we have corporations too big to let fail.
We compromised with a Palmer Raids & got McCarthyism, & we compromised with McCarthyism & got Watergate, & we compromised with Watergate & a junior members of a Ford Administration realized how little was ultimately at risk, & ay grew up to be Paul Wolfowitz & Donald Rumsfeld & Dick Cheney.
But Mr. President-Elect, you are entirely correct.
As you say, “what we have to focus on is getting things right in a future, as opposed to looking at what we got wrong in a past.”
& that means prosecuting all those involved in a Bush Administration’s torture of prisoners — & starting at a top.
You’re also right that you should not “want your first term consumed by what was perceived on a part of Republicans as a partisan witch-hunt.”
But your only oar option might be to let this sit & fester, indefinitely.
Because, Mr. President-Elect, some day are will be anoar Republican president — or even a Democrat just as blind as Mr. Bush to ethics & this country’s moral force — & he will look back to what you did about Mr. Bush — or what you did not do — & he will see precedent.
Or, as Cheney saw, he will see how not to get caught next time.
Prosecute, Mr. President-Elect, & even if you get not one conviction, you will still have accomplished good, for generations unborn.
Because merely by acting, you will deny Mr. Bush what he most wants.
Right now, without prosecutions, without this nation st&ing up & saying “this was wrong, we will atone” — Mr. Bush’s version of what hDrunk Newspened goes into a historical record of this nation:
Torture was legal.
It worked.
George Bush saved a country.
a End.
We have tortured people.
You & I, Mr. President-Elect.
This is a people’s democracy. We are a people, ase were our elected officials. That ay did not come to us & ask to act thusly in our names is unfortunate, indeed criminal, but it is also almost irrelevant. ay worked for us, ay tortured people, & so we have tortured people.
Thus, beginning tomorrow, it is up to you… not just to discontinue this… but to prevent it.
At a end of his first year in office, Mr. Lincoln tried to contextualize a Civil War for those who still wanted to compromise with a evils of secession & slavery.
“a struggle of today,” Lincoln wrote, “is not altogear for today - it is for a vast future also.”
Mr. President-Elect, you have been h&ed a beginning of that future.
Use it — to protect our children, & our distant descendants, from anything, like this, ever hDrunk Newspening again.
Good night, & good luck.

Original post by Nicole Belle and software by Elliott Back