Quotes by Glenn Greenwald

Maj. Gen. Antonio Taguba, who oversaw the official investigation into detainee abuse, wrote:  "there is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account."

The answer is resoundingly clear: American war criminals, responsible for some of the most shameful and inexcusable crimes in the nation's history -- the systematic, deliberate legalization of a worldwide torture regime -- will be fully immunized for those crimes.  And, of course, the Obama administration has spent years just as aggressively shielding those war criminals from all other forms of accountability beyond the criminal realm: invoking secrecy and immunity doctrines to prevent their victims from imposing civil liability, exploiting their party's control of Congress to suppress formal inquiries, and pressuring and coercing other nations not to investigate their own citizens' torture at American hands. 

All of those efforts, culminating in yesterday's entirely unsurprising announcement, means that the U.S. Government has effectively shielded itself from even minimal accountability for its vast torture crimes of the last decade.  Without a doubt, that will be one of the most significant, enduring and consequential legacies of the Obama presidency.

In August, 2009, Attorney General Eric Holder -- under continuous, aggressive prodding by the Obama White House -- announced that three categories of individuals responsible for Bush-era torture crimes would be fully immunized from any form of criminal investigation and prosecution:  (1) Bush officials who ordered the torture (Bush, Cheney, Rice, Powell, Ashcroft, Rumsfeld); (2) Bush lawyers who legally approved it (Yoo, Bybee, Levin), and (3) those in the CIA and the military who tortured within the confines of the permission slips they were given by those officials and lawyers (i.e., "good-faith" torturers).  The one exception to this sweeping immunity was that low-level CIA agents and servicemembers who went so far beyond the torture permission slips as to basically commit brutal, unauthorized murder would be subject to a "preliminary review" to determine if a full investigation was warranted -- in other words, the Abu Ghraib model of justice was being applied, where only low-ranking scapegoats would be subject to possible punishment while high-level officials would be protected.

Yesterday, it was announced that this "preliminary review" by the prosecutor assigned to conduct it, U.S. Attorney John Durham, is now complete, and -- exactly as one would expect -- even this category of criminals has been almost entirely protected, meaning a total legal whitewash for the Bush torture regime:

the crux of Bush/Cheney radicalism -- the mindset and policies that caused much of the controversy - continues and has even been strengthened. Gen. Hayden put it best, as quoted by The Washington Times:

"You've got state secrets, targeted killings, indefinite detention, renditions, the opposition to extending the right of habeas corpus to prisoners at Bagram [in Afghanistan]," Mr. Hayden said, listing the continuities. "And although it is slightly different, Obama has been as aggressive as President Bush in defending prerogatives about who he has to inform in Congress for executive covert action."

And that list, impressive though it is, doesn't even include the due-process-free assassination hit lists of American citizens, the sweeping executive power and secrecy theories used to justify it, the multi-tiered, "state-always-wins" justice system the Obama DOJ concocted for detainees, the vastly more aggressive war on whistleblowers and press freedoms, or the new presidential immunity doctrines his DOJ has invented.  Critically, this continuity extends beyond specific policies into the underlying sloganeering mentality in which they're based:  we're in a Global War; the whole Earth is the Battlefield; the Terrorists want to kill us because they're intrinsically Evil (not in reaction to anything we do); we're justified in doing anything and everything to eradicate Them; the President's overarching obligation (contrary to his Constitutional oath) is to keep us Safe; this should all be kept secret from us; we can't be bothered with obsolete dogma like Due Process and Warrants, etc. etc.

In response to the lawsuit filed by Anwar Awlaki's father asking a court to enjoin the President from assassinating his son, a U.S. citizen, without any due process, the administration late last night, according to The Washington Post, filed a brief asking the court to dismiss the lawsuit without hearing the merits of the claims. That's not surprising: both the Bush and Obama administrations have repeatedly insisted that their secret conduct is legal but nonetheless urge courts not to even rule on its legality. But what's most notable here is that one of the arguments the Obama DOJ raises to demand dismissal of this lawsuit is "state secrets": in other words, not only does the President have the right to sentence Americans to death with no due process or charges of any kind, but his decisions as to who will be killed and why he wants them dead are "state secrets," and thus no court may adjudicate their legality.

One of the first acts undertaken by the Obama DOJ that actually shocked civil libertarians was when, last February, as The New York Times put it, Obama lawyers "told a federal judge that military detainees in Afghanistan have no legal right to challenge their imprisonment there, embracing a key argument of former President Bush’s legal team"...

Today, a three-judge panel of the D.C. Circuit Court of Appeals adopted the Bush/Obama position, holding that even detainees abducted outside of Afghanistan and then shipped to Bagram have no right to contest the legitimacy of their detention in a U.S. federal court, because Boumediene1 does not apply to prisons located within war zones (such as Afghanistan).

So congratulations to the United States and Barack Obama for winning the power to abduct people anywhere in the world and then imprison them for as long as they want with no judicial review of any kind. When the Boumediene decision was issued in the middle of the 2008 presidential campaign, John McCain called it "one of the worst decisions in the history of this country." But Obama hailed it as "a rejection of the Bush Administration's attempt to create a legal black hole at Guantanamo," and he praised the Court for "rejecting a false choice between fighting terrorism and respecting habeas corpus."

• 1. Supreme Court decision which held that foreign nationals held at Guantanamo have habeas corpus rights under the US Constitution