Andy McCarthy has been justifiably critical of Attorney General Eric Holder, who has appointed a prosecutor to investigate the CIA for interrogation methods. McCarthy’s latest columns raise serious questions about the AG.
First, McCarthy recalls how Deputy AG Holder let Al Gore off the hook when it was clear that Gore had violated campaign-finance laws. The contrast between then and now is stark:
When Al Gore clearly violated the law, Eric Holder found no controlling legal authority and shut down the case. Now, when the controlling legal authority clearly shows no violation of law, Holder has unleashed the prosecutors to go after the nation’s most crucial line of defense against terror. That is shameful.
Then, McCarthy makes an educated guess about what Holder’s agenda really is:
I believe the explanation lies in the Obama administration’s fondness for transnationalism, a doctrine of post-sovereign globalism in which America is seen as owing its principal allegiance to the international legal order rather than to our own Constitution and national interests.
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Obama and Holder were principal advocates for a “reckoning” against Bush officials during the 2008 campaign. They realize, though, that their administration would be mortally wounded if Justice were actually to file formal charges — this week’s announcement of an investigation against the CIA provoked howls, but that’s nothing compared to the public reaction indictments would cause. Nevertheless, Obama and Holder are under intense pressure from the hard Left, to which they made reckless promises, and from the international community they embrace.
The way out of this dilemma is clear. Though it won’t file indictments against the CIA agents and Bush officials it is probing, the Justice Department will continue conducting investigations and releasing reports containing new disclosures of information. The churn of new disclosures will be used by lawyers for the detainees to continue pressing the U.N. and the Europeans to file charges. The European nations and/or international tribunals will make formal requests to the Obama administration to have the Justice Department assist them in securing evidence. Holder will piously announce that the “rule of law” requires him to cooperate with these “lawful requests” from “appropriately created courts.” Finally, the international and/or foreign courts will file criminal charges against American officials.
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The Left will get its reckoning. Obama and Holder will be able to take credit with their supporters for making it happen. But because the administration’s allies in the antiwar bar and the international Left will do the dirty work of getting charges filed, the American media will help Obama avoid domestic political accountability. Meanwhile, Americans who sought to protect our nation from barbarians will be harassed and framed as war criminals. And protecting the United States will have become an actionable violation of international law.
Read the whole thing.
What this administration is doing by proceeding with this investigation is dangerous and offers little to gain. If Americans are killed by a terrorist attack, either at home or abroad, people will ask what we could have done to prevent the attack. This would call into question whether or not the effects of the investigation in any way inhibited us from gathering intelligence that could have prevented the attack. That’s not a question the administration would want to answer.
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