White House Backtracking on Torture Prosecution

President Barack Obama has left the door open to prosecution of Bush administration lawyers involved in making torture policy.

"With respect to those who formulated those legal decisions, I would say that that is going to be more of a decision for the Attorney General within the parameters of various laws, and I don't want to prejudge that. I think that there are a host of very complicated issues involved there."

Asked about his opinion of a congressional investigation into the matter, Obama refrained from taking a position -- but maintained that such an investigation should be bipartisan if it happens. "As a general deal, I think that we should be looking forward and not backwards. I do worry about this getting so politicized that we cannot function effectively, and it hampers our ability to carry out critical national security operations."

That is different than Rahn Emanuel's previous statement.

Asked Sunday on ABC's "This Week" about the fate of those officials, Emanuel said the president believes they "should not be prosecuted either and that's not the place that we go."

The release of the memos was going to create pressure on Obama and Attorney General Eric Holder to prosecute. Obama was asked in the Oval Office if Bush lawyers could be prosecuted. "I don’t want to prejudge that," Obama answered.

Obama repeatly stressed C.I.A. operatives will not be prosecuted. The President went to the Langley headquarters to personally deliver that message.

The White House press corp is curious about why the Obama administration backtracked on previous statements about criminal prosecutions against Bush officials. Press Sec. Robert Gibbs does his best to spin.



Kevin Drum makes a strong argument that Office of Legal Counsel attorney can not be prosecuted without charges leading to George W. Bush. Drum sees Obama eventually ruling prosecution is impossible. My take is this is take on momentum of it's own. Bush supporters are fewer than the people that dislkie him. That doesn't mean Bush, Dick Cheney, or Donald Rumsfeld will be prosecuted. George Tenet is another story. Some people were born to fall on the sword.