Thousands of Pages of Evidence and a Quarter Million Signatures: What Will It Take For Attorney General to Prosecute Torture Crimes?

By the time Attorney General Eric Holder took his seat before a Congressional subcommittee on Thursday, the Bush torture program had broken wide open. In the past week alone, hundreds of pages in declassified legal memos and Congressional reports had blown the lid off the previous administration's harsh interrogation policies to reveal -- in addition to grisly new details about what the U.S. government did to prisoners in its custody -- a chronology of the program's history that implicated the most senior government officials, including Condoleezza Rice, Donald Rumsfeld, Dick Cheney, Paul Wolfowitz, and of course the former president. What's more, it appeared that the torture of high-value detainees in 2002 and 2003 was, at least in part, the direct consequence of Bush officials' need to extract a link -- fictitious or otherwise -- between al Qaeda and Saddam Hussein in the run-up to the invasion of Iraq.Damning stuff, to be sure. Yet watching Holder's testimony before the House Appropriations Committee, where his office was met with a coalition of activists delivering petitions carrying 250,000 signatures from Americans who support appointing an independent prosecutor to investigate Bush's crimes, it would be hard to guess that it came in a week that saw such a flood of evidence of human rights violations and war crimes come to light. Reiterating his contention (following the initial release of legal memos last week outlining the rationale for Bush era torture) that "those in the intelligence community who acted reasonably and in good faith are not going to be prosecuted," Holder also reassured the committee members that he "will not permit the criminalization of policy differences" -- an almost superfluous response to one of the bogus conservative talking points that has sprung up -- the notion that holding accountable lawyers who authorized flagrantly illegal techniques against U.S. held prisoners will have a "chilling effect" on advisers' opinions. But, he said, "it is my responsibility as attorney general to enforce the law. ... If I see evidence of wrongdoing I will pursue it to the full extent of the law." Very well, but with virtually no references to the avalanche of evidence that emerged this week, Holder's words, like President Obama's pep-rally style speech before the CIA last week and the hearing itself (which, in fairness, was held to discuss the 2010 budget of the DOJ), largely belied the severity of what has been revealed in the past week.