In a just-released statement, Barack Obama announced that -- in response to an ACLU FOIA lawsuit -- he has ordered four key Bush-era torture memos released, and the Associated Press, citing anonymous Obama sources, is reporting that "there is very little redaction, or blacking out, of detail in the memos." Marc Ambinder reports that only the names of the CIA agents involved will be redacted; everything else will be disclosed. Simultaneously, and certainly with the intent to placate angry intelligence officials, Attorney General Eric Holder has "informed CIA officials [though not necessarily Bush officials] who used waterboarding and other harsh interrogation tactics on terror suspects that they will not be prosecuted," and Obama announced the same thing in his statement.
I will add more detailed commentary, along with an interview with the ACLU's lead counsel, Jameel Jaffer, as soon as the documents themselves are available. If the report about the OLC memos are accurate, Obama will have done exactly the right thing here and will deserve real credit. My analysis earlier today of the issues surrounding disclosure is here. Here is part of what Obama said in his statement:
The Department of Justice will today release certain memos issued by the Office of Legal Counsel between 2002 and 2005 as part of an ongoing court case. These memos speak to techniques that were used in the interrogation of terrorism suspects during that period, and their release is required by the rule of law. . . .
While I believe strongly in transparency and accountability, I also believe that in a dangerous world, the United States must sometimes carry out intelligence operations and protect information that is classified for purposes of national security. I have already fought for that principle in court and will do so again in the future. However, after consulting with the Attorney General, the Director of National Intelligence, and others, I believe that exceptional circumstances surround these memos and require their release.
First, the interrogation techniques described in these memos have already been widely reported. Second, the previous Administration publicly acknowledged portions of the program – and some of the practices – associated with these memos. Third, I have already ended the techniques described in the memos through an Executive Order. Therefore, withholding these memos would only serve to deny facts that have been in the public domain for some time. This could contribute to an inaccurate accounting of the past, and fuel erroneous and inflammatory assumptions about actions taken by the United States.
In releasing these memos, it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution. The men and women of our intelligence community serve courageously on the front lines of a dangerous world. Their accomplishments are unsung and their names unknown, but because of their sacrifices, every single American is safer. We must protect their identities as vigilantly as they protect our security, and we must provide them with the confidence that they can do their jobs.
This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past. Our national greatness is embedded in America’s ability to right its course in concert with our core values, and to move forward with confidence. That is why we must resist the forces that divide us, and instead come together on behalf of our common future.
The United States is a nation of laws. My Administration will always act in accordance with those laws, and with an unshakeable commitment to our ideals. That is why we have released these memos, and that is why we have taken steps to ensure that the actions described within them never take place again.
Just to get a sense for the pressure being exerted on Obama, here is Gen. Michael Hayden -- the NSA Director when the illegal spying program was implemented and then CIA Director -- arguing vehemently against release of the memos today on MSNBC. He clearly does not believe in open government and these are the objections Obama had to override:
I will add more detailed commentary, along with an interview with the ACLU's lead counsel, Jameel Jaffer, as soon as the documents themselves are available. If the report about the OLC memos are accurate, Obama will have done exactly the right thing here and will deserve real credit. My analysis earlier today of the issues surrounding disclosure is here. Here is part of what Obama said in his statement:
The Department of Justice will today release certain memos issued by the Office of Legal Counsel between 2002 and 2005 as part of an ongoing court case. These memos speak to techniques that were used in the interrogation of terrorism suspects during that period, and their release is required by the rule of law. . . .
While I believe strongly in transparency and accountability, I also believe that in a dangerous world, the United States must sometimes carry out intelligence operations and protect information that is classified for purposes of national security. I have already fought for that principle in court and will do so again in the future. However, after consulting with the Attorney General, the Director of National Intelligence, and others, I believe that exceptional circumstances surround these memos and require their release.
First, the interrogation techniques described in these memos have already been widely reported. Second, the previous Administration publicly acknowledged portions of the program – and some of the practices – associated with these memos. Third, I have already ended the techniques described in the memos through an Executive Order. Therefore, withholding these memos would only serve to deny facts that have been in the public domain for some time. This could contribute to an inaccurate accounting of the past, and fuel erroneous and inflammatory assumptions about actions taken by the United States.
In releasing these memos, it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution. The men and women of our intelligence community serve courageously on the front lines of a dangerous world. Their accomplishments are unsung and their names unknown, but because of their sacrifices, every single American is safer. We must protect their identities as vigilantly as they protect our security, and we must provide them with the confidence that they can do their jobs.
This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past. Our national greatness is embedded in America’s ability to right its course in concert with our core values, and to move forward with confidence. That is why we must resist the forces that divide us, and instead come together on behalf of our common future.
The United States is a nation of laws. My Administration will always act in accordance with those laws, and with an unshakeable commitment to our ideals. That is why we have released these memos, and that is why we have taken steps to ensure that the actions described within them never take place again.
Just to get a sense for the pressure being exerted on Obama, here is Gen. Michael Hayden -- the NSA Director when the illegal spying program was implemented and then CIA Director -- arguing vehemently against release of the memos today on MSNBC. He clearly does not believe in open government and these are the objections Obama had to override:
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