Paul Krugman wades into the ongoing debate over whether Obama should look back or move forward with regards to extra-legal activities on the part of the outgoing administration:
Last Sunday President-elect Barack Obama was asked whether he would seek an investigation of possible crimes by the Bush administration. “I don’t believe that anybody is above the law,” he responded, but “we need to look forward as opposed to looking backwards.”
I’m sorry, but if we don’t have an inquest into what happened during the Bush years — and nearly everyone has taken Mr. Obama’s remarks to mean that we won’t — this means that those who hold power are indeed above the law because they don’t face any consequences if they abuse their power.
Now, it’s true that a serious investigation of Bush-era abuses would make Washington an uncomfortable place, both for those who abused power and those who acted as their enablers or apologists. And these people have a lot of friends. But the price of protecting their comfort would be high: If we whitewash the abuses of the past eight years, we’ll guarantee that they will happen again.
First, let me make it clear that my sentiments directly and unequivocally intersect with Krugman’s, as outlined in this post. With that said, I’m all-too pessimistic about the likelihood of any serious investigations taking place. As Earl Ofari Hutchinson notes, members of the party that currently controls both branches of Congress (including and especially its leadership) also have bloodstained hands:
The Democratic-controlled Congress passed the “Protect America Act.” This put the Congressional stamp of approval on what Bush did and actually expanded his powers to snoop. The targets weren’t just foreign terror suspects and known operatives but American citizens. Democrats knew this and approved it by inserting in the law open ended wording that permitted legalized spying on anyone outside the U.S. who intelligence agencies “reasonably believed” to posses foreign intelligence information. The law deliberately made no distinction about exactly who the target could be. Then there was the infamous clause that granted immunity from lawsuits to communications service providers that made Bush snooping possible. With no fear or threat of legal action against the companies, the wraps were legally off on who could be snooped on. As an added sweetener the law also gave Bush emergency power to tap for up to a week anyone deemed a terror threat; all without a warrant.
And one can’t forget about the CIA’s torture enhanced interrogation program, of which top-level Democratic members of the House and Senate were informed early on of what was going on, yet at the time chose to do nothing. So, with all due respect to people like John Conyers Jr., any attempt to cast the spotlight on the many, many crimes committed over the past decade and hold everyone who is responsible accountable is, I fear, ultimately a futile pursuit. Forgive and (most importantly) forget will be the mantra that the Washington establishment continues to embrace, purely out of an unhealthy, cynical, yet entirely understandable bipartisan sense of self-preservation.