Liberal Lion Sleeps, but the Dream Lives On

Alliance for Justice deeply mourns the passing of Senator Edward Kennedy (D-MA). He dedicated his life to the best of America and its values, embodying the fight for justice and equality. Senator Kennedy gave his voice to the voiceless and wielded his power for the powerless. He leaves behind a grateful nation and a legacy that will persist for generations to come.

Alliance for Justice owes a particular debt of gratitude to Senator Kennedy for his extraordinary work on the Senate Judiciary Committee. From fighting for the confirmation of Justice Thurgood Marshall to turning the tide against Robert Bork to urging the passage of the Voting and Civil Rights Acts--arguably the most seminal legislation of the 20th Century—to standing up for the Constitution and the rule of law, Senator Kennedy was not only the lion of the Senate, but the lion of the Judiciary Committee, as well.

In 2007, in a moment that was emblematic of the kind of passion and commitment Senator Kennedy brought to any activity, large or small, he hosted a screening of our film, Quiet Revolution. Such a small thing, but instead of coming in, saying a few words, and going home, he delivered an impassioned speech. That’s his way. Not only did he recognize his duty to serve, he went above and beyond that duty. From education to health care to gender equality to defending our courts, Senator Kennedy could always be counted on as an essential ally. Now we must honor his memory by not only reflecting on his legacy but by continuing to advance the values and causes he so valiantly championed during his unparalleled career.

We have lost a formidable ally, a generous friend and a constant inspiration. But, in the words of Senator Kennedy himself, ‘the work goes on, the cause endures, the hope still lives, and the dream shall never die.’

Piecemeal Prosecution Only One Piece of the Torture Puzzle

Two weeks ago we asked about the release of the Office of Professional Responsibility’s (OPR) report on the torture memos. Again. Many hoped that the report would be released today in tandem with the CIA inspector general’s report, but, alas, Attorney General Holder’s statement indicated that it might be some time before we see the OPR report. The absence of this report, then, keeps the focus on the actions of low-level operatives detailed by the IG report (released today by court order), rather than looking up the chain of command to people like lawyers Jay Bybee, John Yoo, and Steven Bradbury who designed the legal framework for the torture regime.

While Mr. Holder did announce the appointment of a special prosecutor today, the scope of the prosecutor’s mandate and discretion is much too narrow. As Alliance for Justice President Nan Aron observed:

We need a full-scale investigation presided over by a special prosecutor
who can operate without artificial constraints and who has the discretion to
follow the facts where the evidence leads, including up the chain of
command. No blinders should be put on a special prosecutor, and no
artificial barrier constructed to shield certain perpetrators from evidence of a
crime.

Any investigation must reject blame-shifting and include
the high-level officials who sanctioned and attempted to justify
torture, not just the individuals who carried it out. We cannot
tolerate another investigation that ignores the lawbreaking of senior
government officials without addressing the systemic problems that
led our country astray in the first place.

Call on A.G. Holder to Launch a Full-Scale Investigation of the "Torture Memos.”

Accountability is a Dirty Word to Senate Republicans

What is it about accountability that inspires such antipathy in certain Senate Republicans? According to Congressional Quarterly (subscription required), nine Republicans are urging Attorney General Eric Holder "not to investigate CIA interrogators who might have exceeded Justice Department legal guidance on acceptable techniques." But accountability and investigation are key if we are to put this sad chapter behind us, rather than trying to sweep it into the dustbin of history. The letter’s signatories express concerns about a "chilling effect" on United States intelligence activities. But shouldn’t torture, and the culture that led to its commission be not just chilled, but stopped altogether? The argument that holding those who break the law responsible for their actions will somehow damage American intelligence activities is little more than a smokescreen of fear mongering.

The Republicans make specific reference to Justice Department legal guidance, which raises another important point: the investigation should not and cannot stop with the intelligence community; it must extend to the lawyers who twisted the law and Constitution to structure these so-called guidelines in the first place. Or, as Senator Feingold put it in a letter written last month, "While allegations that individuals may have even gone beyond what was justified by those now-public OLC memos are extremely disturbing, we should not lose sight of the fact that the program itself — as authorized — was illegal, not to mention immoral and unwise."

Law professors make the news as students return to school

Yesterday, the Blog of Legal Times reported that Dawn Johnsen, President Obama’s nominee to head the DOJ’s Office of Legal Counsel, will “teach a seminar this fall at Indiana University’s Maurer School of Law. She will commute weekly from Washington to Bloomington, Ind., while she continues to wait for confirmation, said Debbie O’Leary, a spokeswoman for the law school.”

Meanwhile four people were arrested for protesting law professor John Yoo’s return to the University of California Berkeley Boalt Hall School of Law. Yoo, author of the infamous torture memos, was Deputy Assistant Attorney General in the Office of Legal Counsel – the office that is still lacking a leader because of Dawn Johnsen’s stalled nomination.

According to the AP, “Christopher Edley Jr., Berkeley's law school dean, has rejected calls to dismiss Yoo, saying the university doesn't have the resources to investigate his Justice Department work, which involved classified intelligence.”

For very different reasons, neither Professor Johnsen nor Professor Yoo should be back in the classroom this fall. Attorney General Holder needs to call for a full-scale investigation of the torture memos so that we can discover what, if any, action should be taken against Yoo, and the Senate needs to confirm Dawn Johnsen to head the DOJ’s Office of Legal Counsel so that the department can get back on track.

Netroots Nation Wrap-Up and Follow-Up

The AFJ team had a great time at this year’s Netroots Nation convention meeting with top progressive bloggers, activists, organizers, and elected officials. The overall sense of this year’s convention is that we have entered into a progressive era in this country and if we continue our hard work we can achieve the change America needs.

One of the ways to ensure that the future is fair for all Americans is to avoid repeating the mistakes of our past. That is why we are calling on Attorney General Holder to launch a full-scale investigation of the "Torture Memos.”

For more about our vision for the future you can watch the video below featuring AFJ President Nan Aron on the Netroots panel “After Sotomayor: How Progressives Reshape Our Debate Over the Constitution and the Supreme Court.”

TORTURED LAW (2009): Film Trailer from AFJ

President Barack Obama ended six years of American torture of suspected terrorists at the hands of the Bush administration in the aftermath of the 9-11 attacks.

But the operatives who executed those policies, the superiors who ordered them, and the lawyers who provided the legal cover have not been held accountable.

Will Attorney General Eric Holder conduct a full criminal investigation that follows where the evidence leads, up the chain of command? Or will he prosecute only low-level CIA operatives who exceeded the grisly authority provided by the “torture memos?” What happens to the lawyers whose legal opinions paved the way for this gross violation of human rights?

To receive a free copy of Tortured Law, send an email to films@afj.org.

Live from Netroots Nation

Just a few months into his first term President Obama has already made a mark on the Supreme Court. What does the confirmation of Judge Sotomayor mean for the Court and its upcoming rulings?

Following the first successful judicial confirmation of the Obama Era, how can progressives restore their claim to the text and history of the Constitution? How can the Netroots community help make both the judiciary and the Constitution an important issue in progressive politics? How will this summer influence how the Obama Administration invests in future judicial nominations?

Watch "After Sotomayor: How Progressives Reshape the Debate Over Our Constitution and the Supreme Court" featuring AFJ President Nan Aron live online at 3:00 p.m. Friday August 14, 2009.

Dispatch from Netroots Nation

The exhibit hall is full of energy, there are free chair massages and a free beer tasting in addition to booths filled with all sorts of interesting individuals and organizations. The sessions so far have been interesting and well attended. Denis Hayes, who will be a panelist on our panel tomorrow, "Setbacks in Environmental Policy and Law: Can the Obama Administration Reverse the Trend?" spoke this afternoon about the new film Earth Days an exciting new documentary. People stopping by our booth are very interested in our upcoming film Tortured Law and we have even had a few people give us unsolicited donations to support our work! If you'd like to support our new film or any of our work you can donate online here.

Politicization of Justice: Karl Rove, U.S. Attorney Firings, and Moving Forward

The House Judiciary Committee just wrapped up its two and a half year investigation into the improper firings of nine United States Attorneys. Recently released documents and an article in today’s Washington Post detail the 2006 firing of David C. Iglesias, U.S. Attorney of New Mexico. Emails and transcripts of closed-door testimony by former Bush counsel — and former Supreme Court nominee — Harriet Meirs, and political rainmaker Karl Rove detail a calculated effort to get rid of career attorneys who failed to tow the party line.

Iglesias was ousted after state GOP and Republican members of the Congressional delegation were angered when Iglesias failed to pursue cases against Democrats before the 2006 elections. E-mails detail lengthy communications between lawyers and aides within the White House over Iglesias' failure to initiate public corruption suits. Meirs told Committee investigators that she was contacted by an "agitated" Rove in September of 2006 about Iglesias' slow pace. Rove described him as a "serious problem" and said he wanted "something done" about it. GOP figures in New Mexico thought that an investigation could help then-Republican Representative Heather Wilson win re-election. Rove and Meirs deny any wrongdoing. Ultimately, Alberto Gonzales and his deputy Kyle Sampson resigned—due in part to the public uproar over the politicized firings at the Department of Justice.

What happened to these U.S. Attorneys was wrong. The Bush White House blurred the line between serving justice and playing politics. Decisions were made with an eye towards the next election, and life-long careers were taken down in its pursuit. Thankfully, President Obama has promised to restore justice to the Department of Justice. While Obama cannot undo this past injustice, he can move forward with a renewed effort to flesh out bad acts so that the public can again trust its government.

This is taking place at the same time as the new Attorney General, Eric Holder, is investigating the policy-driven legal conclusions made by lawyers within the Department of Justice's Office of Legal Counsel. Many suspect that these lawyers drafted memos authorizing the use of torture well after the Bush White House had already approved its use. As the investigation into the U.S. Attorneys’ firing shows, without an effort to get to the truth, retrenched political interests will evade justice. And, in the case of U.S. approved torture, too much is at stake to not fully investigate the circumstances surrounding what can only amount to a full-scale breakdown of justice.

Seriously, where is the OPR report?

In June we asked the question “Where is the OPR report on the torture memos?” But Attorney General Eric Holder only gave excuses for the report’s tardiness.

Senators Durbin (D-IL) and Whitehouse (D-RI) asked Attorney General Eric Holder the same question during a Senate Judiciary Committee oversight hearing, but we are no closer to an answer and the report is still MIA. Nearly two months ago Holder claimed that the process was close to the end and that the report would be ready in “a matter of weeks.”

As we’ve said before, Alliance for Justice is not urging undue haste. The Department of Justice needs to get this right so we can understand how the Department went so wrong. However, this investigation began over five years ago, and we are still waiting for answers.

So we have to ask again, “Where is the OPR report on the torture memos, AG Holder?”

Netroots Nation

We’re gearing up to leave for Netroots Nation in Pittsburgh, PA tomorrow, so if you’ll be there we hope to see you at our table. If you stop by, you can watch a special preview of our upcoming film Tortured Law and order a free advance copy.

AFJ President Nan Aron will be featured on two panels at Netroots. She will moderate Setbacks in Environmental Policy and Law: Can the Obama Administration Reverse the Trend? on Friday, August 14th from 1:30 -2:45 p.m. in Room 311. She’s a panelist in the discussion After Sotomayor: How Progressives Reshape the Debate Over Our Constitution and the Supreme Court also on Friday from 3:00-4:15 p.m. in Hall B.

Tune in here at Justice Watch to see the “After Sotomayor” panel live online on Friday.

Sotomayor Confirmation: a New Day for Justice in America

Today, in a vote of 68-31, the U.S. Senate confirmed Sonia Sotomayor as an Associate Justice to the Supreme Court.

Sotomayor’s confirmation to the Supreme Court is an historic, groundbreaking event that marks the start of a new day for justice in America. As the Court’s first Hispanic and only its third woman, Sotomayor will have a powerful effect much like that of Justice Thurgood Marshall on the Court and the law. As a highly accomplished, qualified, smart jurist with a rich personal story and varied professional experience, she has proven herself to be fair, reasonable, and committed to upholding the rule of law and core constitutional values.

Her confirmation is just the beginning of the significant change that President Obama can bring to our judicial system. Hundreds of federal judges and several more Supreme Court justices will be appointed during his administration. America needs judges who will uphold the Constitution’s promise of equal justice for all.

We look forward to the change that Justice Sotomayor will bring to America. Welcome to the Supreme Court Justice Sotomayor!

While Senate Debates Sotomayor Nomination, Hundreds of Supporters Rally on Capitol Hill

A spirited rally was held today on Capitol Hill in support of Judge Sotomayor’s confirmation to the Supreme Court. Senators Cardin, Schumer, Whitehouse, and Menendez and leaders of several civil rights organizations spoke to the crowd about this historic nominee and her impending confirmation.

Senator Whitehouse praised Sotomayor’s credentials and stated that “She is unfairly trapped in a struggle by the Republicans to gain conservative control over America’s judiciary. We not only have to get her confirmed on her own merits, but keep blowing the whistle on that Republican effort.”

“Hundreds of federal judges and several more Supreme Court justices will be appointed during President Obama’s administration,” said AFJ President Nan Aron. We must take this opportunity to start the conversation we have long been denied about the need for strong and progressive voices on the court. We must rise above the empty rhetoric of the right – judicial activism, legislating from the bench. Sotomayor’s confirmation will start that process. We must keep up the pressure to appoint judges who will uphold the Constitution’s promise of equal justice for all.”

While it is certain that Judge Sotomayor will be confirmed, likely by tomorrow, one of the clearest messages from this nomination process is that there is an opportunity knocking at the White House door.