July 15, 2008 | National Review Online

Bravo Attorney General Mukasey

House Judiciary Chairman John Conyers (D-MI) is demanding the appointment of a special prosecutor to investigate CIA interrogation practices. Attorney General Michael Mukasey has refused. As is his wont, the AG has explained himself in a letter which makes one wish the president had brought him on board years earlier. The conclusion of the letter is worth quoting in full:

 

I understand that you and some of your colleagues disagree with the interrogation policies that the Executive Branch has chosen to use in defending our Nation fiom another terrorist attack in the six and one-half years following September 11,2001. I also appreciate the public interest in, and debate over, the wisdom and value of these policies, as well as the fidelity of those policies to our Nation's laws; indeed, I believe that such debate reflects the strength of our Constitution. But I strongly disagree with your suggestion that such debate should be resolved through a criminal investigation into the actions of government officials who formulated and carried out those policies. I believe such a request is unfair to those who have been charged with making the difficult decisions in protecting our Nation in the War on Terror, and to those who will be so charged in the future, and therefore is seriously short-sighted. Your letter requests the appointment of a special counsel to launch a criminal investigation into the actions of the President, members of his cabinet, and other national security lawyers and intelligence professionals in the approval and employment by the CIA of interrogation techniques against captured members of a1 Qaeda. However, you offer no evidence that these government officials acted pursuant to any motive other than a good-faith desire to protect the citizens of our Nation from a future terrorist attack. Nor have you provided any evidence or indication that these government officials believed they were authorizing any policy contrary to the laws of the United States. Quite the contrary: Before the CIA employed these interrogation techniques, government officials sought advice from the Department of Justice as to the lawfulness of the proposed course of conduct. The Department of Justice attorneys, in turn, provided that legal advice. I am aware of no evidence that in providing advice concerning the CIA program those attorneys acted in anything other than good faith based on their best judgment of what the law required. Your request for a criminal invest

 

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