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NEW WEBSITE
Feb-11-09 12:45 am

Anthony Clark Arend


With a much help from a real expert, I am launching a new website. Check it out. Today, I am featuring two video blogsone on Senator Leahy's "Truth Commission" proposal and another on the idea of a new Geneva Convention.
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From the transcript of President Obama's press conference:

Question: Thank you, Mr. President. Today, Senator Patrick Leahy announced that he wants to set up a truth and reconciliation committee to investigate the misdeeds of the Bush administration. He said that, before you turn the page, you have to read the page first.

Do you agree with such a proposal? And are you willing to rule out right here and now any prosecution of Bush administration officials?

Obama: I haven't seen the proposals, so I don't want to express an opinion on something that I haven't seen.

What I have said is that my administration is going to operate in a way that leaves no doubt that we do not torture, that we abide by the Geneva Conventions, and that we observe our traditions of rule of law and due process, as we are vigorously going after terrorists that can do us harm. And I don't think those are contradictory; I think they are potentially complementary.

My view is also that nobody's above the law and, if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen.

But that, generally speaking, I'm more interested in looking forward than I am in looking backwards. I want to pull everybody together, including, by the way, the -- all the members of the intelligence community who have done things the right way and have been working hard to protect America and I think sometimes are painted with a broad brush without adequate information.

So I will take a look at Senator Leahy's proposal, but my general orientation is to say let's get it right moving forward.

As noted in the previous post, in an address at Georgetown University earlier today, Senator Patrick Leahy proposed the idea of creating a truth commission to address the actions of the Bush Administration. The entire text of Senator Leahy's address at the 2009 Marver Bernstein Symposium can be found here.  C-SPAN has posted a video of the address-- including questions and answers-- here.

The specific recommendation for a truth commission is reprinted below:
As to the best course of action for bringing a reckoning for the actions of the past eight years, there has been heated disagreement. There are some who resist any effort to investigate the misdeeds of the recent past. Indeed, some Republican Senators tried to extract a devil’s bargain from the Attorney General nominee in exchange for their votes, a commitment that he would not prosecute for anything that happened on President Bush’s watch. That is a pledge no prosecutor should give, and Eric Holder did not, but because he did not, it accounts for many of the partisan votes against him.

There are others who say that, even if it takes all of the next eight years, divides this country, and distracts from the necessary priority of fixing the economy, we must prosecute Bush administration officials to lay down a marker. Of course, the courts are already considering congressional subpoenas that have been issued and claims of privilege and legal immunities – and they will be for some time.

There is another option that we might also consider, a middle ground. A middle ground to find the truth. We need to get to the bottom of what happened -- and why -- so we make sure it never happens again.
One path to that goal would be a reconciliation process and truth commission. We could develop and authorize a person or group of people universally recognized as fair minded, and without axes to grind. Their straightforward mission would be to find the truth. People would be invited to come forward and share their knowledge and experiences, not for purposes of constructing criminal indictments, but to assemble the facts. If needed, such a process could involve subpoena powers, and even the authority to obtain immunity from prosecutions in order to get to the whole truth. Congress has already granted immunity, over my objection, to those who facilitated warrantless wiretaps and those who conducted cruel interrogations. It would be far better to use that authority to learn the truth.

During the past several years, this country has been divided as deeply as it has been at any time in our history since the Civil War. It has made our government less productive and our society less civil. President Obama is right that we cannot afford extreme partisanship and debilitating divisions. In this week when we begin commemorating the Lincoln bicentennial, there is need, again, “to bind up the nation’s wounds.” President Lincoln urged that course in his second inaugural address some seven score and four years ago.

Rather than vengeance, we need a fair-minded pursuit of what actually happened. Sometimes the best way to move forward is getting to the truth, finding out what happened, so we can make sure it does not happen again. When I came to the Senate, the Church Committee was working to expose the excesses of an earlier era. Its work helped ensure that in years to come, we did not repeat the mistakes of the past. We need to think about whether we have arrived at such a time, again. We need to come to a shared understanding of the failures of the recent past.

It is something to be considered. It is something Professor Bernstein, for whom this lecture series is named, might have found worth studying. We need to see whether there is interest in Congress and the new administration. We would need to work through concerns about classified information and claims of executive privilege. Most of all, we need to see whether the American people are ready to take this path.

Edmund Burke said that law and arbitrary power are eternal enemies. Arbitrary power is a powerful, corrosive force in a democracy. Two years ago I described the scandals at the Bush-Cheney-Gonzales Justice Department as the worst since Watergate. They were. We are still digging out from the debris they left behind. Now we face the worst economic crisis since the Great Depression while still contending with national security threats around the world. This extraordinary time cries out for the American people to come together, as we did after 9/11, and as we have done before when we faced difficult challenges.

That is no more improbable than the truth that came to light and laid the foundation for reconciliation in South Africa, or in Greensboro, North Carolina; no more improbable than the founding of this Nation; and certainly no more improbable than the journey the people of this Nation took over the last year with a young man whose mother was from Kansas and whose father was from an African village half a world away.
In his Marver Bernstein Address at Georgetown University today, Senator Patrick Leahy proposed the creation of a comprehensive "truth and reconciliation commission" to address questions relating to the practices of the previous administration in areas such as detainee treatment, interrogation techniques, and the dismisal of U.S. attorneys.

More info soon.
http://leahy.senate.gov/biography/photos/OfficialPhotoBig.jpg
The Honorable Patrick Leahy

Senator Patrick Leahy will be speaking on "Restoring Trust in the Justice System: The Senate Judiciary Committee's Agenda In The 111th Congress" on Monday, February 9, 2009 at 11:00 am in the Intercultural Center  auditorium at Georgetown University.  The event is open to the public.

Leahy's talk will constitute the 2009 Marver H. Bernstein Symposium on Governmental Reform, which is sponsored by the Department of Government at Georgetown and organized by the Honorable Robert A. Katzmann, Circuit Judge, U.S. Court of Appeals for the Second Circuit.

About the editor:

Anthony Clark Arend

Professor

Commentary and analysis at the intersection of international law and politics.

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» Learn more about the M.A. in International Law and Government at Georgetown University.


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