Torture, Accountability, and Prosecutions: Looking Back to Move Forward
At last year's Netroots Nation, few of the expert panelists were willing to entertain the notion of prosecuting former Bush officials for torture, illegal wiretapping and other crimes. National polls now show most Americans want to see investigations and a substantial number want to see the criminals prosecuted. For months, the Obama administration consistently talked about "looking forward, not backward" and not wanting to "criminalize policy differences," but mid-summer indications from the Attorney General’s office are that he is considering an independent special prosecutor, albeit one that may not go all the way up the chain of command. What role is there for Congress to play? What don’t we know yet and what do we still need to learn about the torture program? How do we bridge the gap between what the country wants, what the law demands, and how far the politicians seem willing to go? What role can activists play in making sure the country does this right so that it never happens again?
Congressman Jerrold “Jerry” Nadler represents the Eighth Congressional district of New York. New York’s Eighth, one of the nation’s most diverse districts, includes parts of Manhattan and Brooklyn.
Nadler began his political career in 1976 in the New York State Assembly, where he served for 16 years. In 1992, Nadler was elected to the U.S. House of Representatives in a special election and has served in Congress ever since. He was re-elected to his ninth full term in 2008.
Nadler serves as the Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties. In that capacity, he has chaired numerous hearings, directed many investigations, and introduced a significant body of legislation on a range of civil rights issues. Among the bills he has recently introduced are the State Secrets Protection Act, the National Security Letters Reform Act, the Respect for Marriage Act, and the Uniting American Families Act. He is also a senior Member of the House Transportation and Infrastructure Committee.
Melissa Goodman is a Staff Attorney in the ACLU's National Security Project. She has litigated cases concerning the NSA's warrantless wiretapping program, the Foreign Intelligence Surveillance Act, the FBI and the Defense Department's use of "national security letters," the government's practice of ideological exclusion, and the CIA's "extraordinary rendition" program. Ms. Goodman is a graduate of New York University College of Arts and Science and New York University Law School. Prior to working at the ACLU, Ms. Goodman served as law clerk to the Hon. Frederic Block, United States District Court for the Eastern District.
Marcy Wheeler blogs as “emptywheel” at FireDogLake.com, and also for the Campaign for America’s Future. She is best known for her book, Anatomy of Deceit, which served as a primer of the CIA Leak case, and her live-blogging of the Scooter Libby trial. She has covered efforts to hold the Bush Administration accountable for its illegal warrantless wiretapping and torture programs. Wheeler has a PhD from the University of Michigan and has spoken on blogging and politics at Amherst College, Massachusetts Foundation for the Humanities and Duke Law School. She was recently awarded the 2009 Hillman Prize for Blog Journalism.
Vincent Warren is the Executive Director of the Center for Constitutional Rights (CCR), a national legal and educational organization dedicated to advancing and defending the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. Vince oversees CCR’s groundbreaking litigation and advocacy work which includes combating the illegal expansion of presidential power and policies such as illegal detention at Guantanamo, rendition, torture and warrantless wiretapping; holding corporations and government officials accountable for human rights abuses; and, challenging racial injustice and mass incarceration. Vince has spearheaded a public campaign, “Beyond Guantanamo: Rescue the Constitution” coinciding with CCR’s landmark Supreme Court victory in Al Odah v. U.S. and Boumediene v. Bush, which held that the detainees at Guantánamo Bay have a constitutional right to the writ of habeas corpus. Prior to his tenure at CCR, Vince held the position of national senior staff attorney with the American Civil Liberties Union (ACLU), where he led constitutional and impact litigation to advance civil rights and liberties. Among the cases he has litigated are: • Gratz v. Bollinger, companion case to the landmark Supreme Court decision to uphold affirmative action in college admissions. • Dasrath v. Continental Airlines on behalf of plaintiffs removed from an airplane shortly after 9/11 because they were perceived to be Arab or Muslim, and • White v. Martz, a class action lawsuit which helped create Montana’s first statewide public defender system. He also monitored South Africa’s historic Truth and Reconciliation Commission hearings and worked as a criminal defense attorney for the Brooklyn Legal Aid Society. Vince holds a law degree from Rutgers School of Law and a B.A. from Haverford College. Vince is a frequent national cable, network and independent media commentator, having appeared on MSNBC’s The Rachel Maddow Show, CNN’s The Situation Room and Paula Zahn Now, Democracy Now! and numerous National Public Radio programs.
