Could it Be? Is Obama Planning on Prosecuting Bush Officials?

Posted by Steve Benen, Washington Monthly at 9:29 AM on April 21, 2009.

On Sunday, White House chief of staff Rahm Emanuel indicated the administration wouldn't prosecute Bush administration officials responsible for U.S. torture policies. Around the same time, however, David Axelrod said something slightly different.

So where are we? It appears the door to prosecutions is once again ajar.

Pressure mounted on President Obama on Monday for more thorough investigation into harsh interrogations of terrorism suspects under the Bush administration, even as he tried to reassure the Central Intelligence Agency that it would not be blamed for following legal advice.

Mr. Obama said it was time to admit "mistakes" and "move forward." But there were signs that he might not be able to avoid a protracted inquiry into the use of interrogation techniques that the president's top aides and many critics say crossed the line into torture.

And while Mr. Obama vowed not to prosecute C.I.A. officers for acting on legal advice, on Monday aides did not rule out legal sanctions for the Bush lawyers who developed the legal basis for the use of the techniques.

It's likely that nothing will happen in the immediate future. Even if White House officials are leaving possible accountability for Bush administration officials, a series of ongoing investigations will probably be completed before any new probes get underway. As of now, the Senate Intelligence Committee has an ongoing investigation, and the Senate Armed Services Committee is poised to release a more detailed report on how Rumsfeld's Pentagon got into the torture business in the first place. At the same time, the Justice Department's ethics office is also prepared to offer some sharp criticism of John Yoo, Jay Bybee, and Steven Bradbury in yet another report.

And speaking of Bybee, the New York Times editorial board isn't the only prominent voice talking about the appeals court judge's impeachment. Last night, Sen. Sheldon Whitehouse (D-R.I.) said it's "certainly possible that an impeachment inquiry is warranted," and Rep. Linda Sanchez (D-Calif.) joined Rep. Jerold Nadler (D-N.Y.) in expressing concerns about Bybee's continued service on the federal bench.

Tagged as: torture, obama, prosecution

Steve Benen is "blogger in chief" of the popular Washington Monthly online blog, Political Animal. His background includes publishing The Carpetbagger Report, and writing for a variety of publications, including Talking Points Memo, The American Prospect, the Huffington Post, and The Guardian. He has also appeared on NPR's "Talk of the Nation," MSNBC's "Rachel Maddow Show," Air America Radio's "Sam Seder Show," and XM Radio's "POTUS '08."