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Torture Memos: Waterboarding CIA Agents Will Not Face Prosecution

by Tina Kells | April 16, 2009 at 02:55 pm

335 views | 74 Recommendations | 8 comments

Waterboarding, a controversial interrogation technique that has been banned as torture was used to question terror detainees under the Bush administration. In an April 16, 2009 press release Attorney General Eric Holder announced that the Obama administration would not prosecute CIA agents who used the technique in good faith.

The announcement came after President Obama reviewed and later banned waterboarding as an accepted interrogation technique for US terror detainees. CIA agents who had used the waterboarding were under consideration for prosecution for the use of torture. The Justice Department statement makes it clear they will not be charged with any crime.

To support this position the Department of Justice released four previously undisclosed Office of Legal Counsel ("OLC") opinions on the issue of waterboarding; one that OLC issued to the Central Intelligence Agency in August 2002 and three that OLC issued to the CIA in May 2005.

Dubbed "torture memos" the shocking declassified OLC documents outlined interrogation techniques and procedures suggested by, and permitted under, the Bush administration.

The Attorney General has informed the Central Intelligence Agency that the government would provide legal representation to any employee, at no cost to the employee, in any state or federal judicial or administrative proceeding brought against the employee based on such conduct and would take measures to respond to any proceeding initiated against the employee in any international or foreign tribunal, including appointing counsel to act on the employee’s behalf and asserting any available immunities and other defenses in the proceeding itself.

To the extent permissible under federal law, the government will also indemnify any employee for any monetary judgment or penalty ultimately imposed against him for such conduct and will provide representation in congressional investigations.

"It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department," Holder said.

After reviewing these opinions, OLC has decided to withdraw them: They no longer represent the views of the Office of Legal Counsel.

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Paschen

at 16:23 on April 16th, 2009

I could be sarcastic here and shall be, what about NAZI using KZC in good faith? With this reazoning that would put them of the hook.

It was clear that this was torture for a long time, arguing that they used it in good faith is insulting.

djermano

at 06:10 on April 17th, 2009

Obama and Holder are criminals. Really what he is saying is; that killing and torture are legitimate by the White House, and that the President is above the law. He cares more about applying his fantasy bailout stimulus plan, than administering justice to the thousands killed and hundreds tortured by Bush, Cheney, and Rumsfeld... What a pathetic bunch we have again in Washington.

Rev. Jermano

nyctuber

at 10:20 on April 17th, 2009

Yeah oh well Obama has made some good moves and I'm glad Palin/McCain lost, but this is pathetic and inexcusable. Why these people are so afraid of pissants like Bush and Cheney I'll never know.

Barbara McPherson

at 17:36 on April 17th, 2009

It may be up to the world court to indite them. They can't say, "I was only following orders." We've heard that one already.

generaldecay

at 02:33 on April 18th, 2009

I was very surprised about this. For my part, I don't think that Obama has put a foot wrong thus far. Until now. This is a poor decision indeed. These perpetrators should absolutely be prosecuted, and in excusing them (effectively) Obama has made their acts of torture acceptable.

albertacowpoke

at 03:04 on April 18th, 2009

I was not surprised at this decision by the Justice Department. Oh what a pandora box would be opened. Sending drones into Pakistan in good faith is one of them. Go after a high value target and just write the rest of to collatoral damage. Oh my. I don.t want to sound sarcastic either. Torture is wrong and just causes revenge eventually. There are many other acts that could be considered and indicted as war crimes.

As for following orders, I think that there were legal opinions given to CIA operatives which defined this as legal questioning techniques. Right or wrong, I think this could be deemed as the operatives operating in good faith. So any indictment should be against the Justice the Department or the US government as a whole. Just food for thought.