Feingold supports 'truth commission' with reservations

[BlueJessamine]

Feingold supports 'truth commission' with reservations

by Muriel Kane

As the Senate Judiciary Committee debated on Wednesday whether to establish an independent "truth commission" to investigate Bush-era war crimes and other abuses of power, committee member Sen. Russ Feingold (D-WI) issued a statement expressing strong support for the idea, but with certain reservations.

"I think a truth commission is the best way to get the comprehensive story out to the American people and the world," Feingold stated. "A crucial part of restoring the rule of law ... is a detailed accounting of exactly what happened in the last eight years and how the outgoing administration came to reject or ignore so many of the principles on which this nation was founded."

However, Feingold also warned against taking any action that could interfere with prosecutions of high-level officials once a commission has determined the basic facts. "On the question of immunity, I think we should tread carefully," he cautioned. "There are cases that may require prosecution, and I wouldn't want a commission of inquiry to preclude that. Those who clearly violated the law and can be prosecuted should be prosecuted."

"While a commission of inquiry is the best way to get the facts out," Feingold concluded, "Congress, the Justice Department, and the public should decide what to do with those facts."

In suggesting that a truth commission should be considered only the first step, Feingold appeared to be leaning towards critics who have complained that the effect of such a commission might be to bury Bush administration crimes rather than confronting them squarely.

The idea of a "truth and reconciliation commission," modeled on those employed in South Africa following the apartheid era, was proposed last month by Senate Judiciary Chairman Patrick Leahy (D-VT) as a "middle ground" between those who seek criminal prosecutions and those who want no investigations at all of Bush-era crimes.

"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," Leahy suggested at that time. President Obama appeared cool to the idea but it has since gained momentum, despite being assailed by critics on the left, such as Constitutional law professor Jonathan Turley.

"There's no question that torture occurred here," Turley told MSNBC's Keith Olbermann immediately following Leahy's proposal. "There's no question that it was a war crime. And so the only reason to have a commission of this kind is to avoid doing what we're obligated to do under a treaty."

It now remains to be seen whether Feingold's hope of tying a truth commission to prosecutions down the road will prevail, or if Turley's forebodings will be proved correct.

http://rawstory.com/news/2008/Feingold_supports_truth_commission_with_reservations_0304.html

[Sinistrous]

1. I am afraid that any "Truth Commission" would have a problem with

that pesky Fifth Amendment to the Constitution. Which is, of course, the reason that immunity is almost always part and parcel of this type of inquiry.

A Special Prosecutor is the only way to proceed.