Truth Hurts, Senator Leahy: Let The Prosecutions Begin

From the AP via FindLaw, this story (http://news.lp.findlaw.com/ap_stories/a/w/1152/02-09-2009/20090209092005_38.html) about a possible Truth Commission proposed by Senator Leahy which would prevent prosecutions of former Bush officials for abuses of power:

The chairman of the Senate Judiciary Committee is proposing a "truth commission" to investigate abuses of detainees, and politically inspired hirings and firings at the Justice Department during the Bush administration.

Sen. Patrick Leahy said Monday the commission's primary goal would be to learn the truth rather than prosecute former officials.

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The Vermont Democrat said rather than seeking prosecutions, the government needs to conduct "a fair minded pursuit of what actually happened."

I couldn't be more opposed to this idea. Look at the millions of incarcerated prisoners in this country, and tell me that someone who breaks into a store at night to feed his or her family is more blameworthy than a professional who violated the rights of his or her fellow citizens by spying, reckless or unfounded prosecutions, or destruction of the DOJ's nonpartisan mandate to do justice.

Don't be afraid of prosecuting white-collar criminals, Senator Leahy. They do as much damage as any other law-breaker.

Rational Idealism Comes to Washington, At Last

The Washington Post and other news outlets are reporting that the Obama Administration has instructed military prosecutors to seek 120-day continuances (postponements) of the military proceedings pending against detainees at Guantanamo Bay. That move, in and of itself, confirms the new Administration's commitment to two major principles:

First, the threat of terror does not change the American belief in due process and funadamental fairness in criminal proceedings.

Second, our adversarial, jury-based system of justice is not only the fairest means of conducting criminal proceedings, it is also the most accurate.

The "Star Chamber" procedure used by the last Administration, by contrast, drowned out the American message to the world that liberty is preferable to tyranny. And there is no evidence it got us anything in return. Did President Bush prevent another terrorist attack by his constitution-shredding methods? There's no way to know. It's like the man with the elephant gun in his living room. When his neighbor says, "but there are no elephants in this area," the man waves his gun and says, "Damn right. Cowards."

Thanks to the Obama Administration for recognizing that we have to live free to be free.

The full story is here:

http://www.washingtonpost.com/wp-dyn/content/article/2009/01/20/AR2009012004743_pf.html