Friday, April 24, 2009

To Investigate or Not? The Torture Debate Heats Up

Yesterday, the New York Times reported that Senate Democrats had joined Republicans and would oppose proposals for a Congressional investigation concerning the use of torture during the Bush administration. According to the New York Times article, President Obama also opposes the investigation, arguing that it would distract attention from his policy agenda. But Obama's opposition to the investigation is consistent with his general disagreement with the Left regarding punishment for Bush-era officials who authorized or utilized torture. Progressives want these officials prosecuted; Obama does not.

The Huffington Post, however, reports that "some" type of investigation by Congress will take place. The only detail that remains unanswered, according to Huffington Post is the form of the investigation.

Professor Dan Marcus, a colleague of mine at American University, Washington College of Law, offers some great analysis of the situation in the Huffington Post article. Marcus is was a counsel to the 9/11 Commission and is a leading expert on National Security Law.

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