Hilzoy goes off on Robert Gibbs:
That's why I found today's White House briefing so infuriating:
"Q So I understand, you're saying that people in the CIA who followed through in what they were told was legal, they should not be prosecuted. But why not the Bush administration lawyers who, in the eyes of a lot of your supporters on the left, twisted the law -- why are they not being held accountable?
MR. GIBBS: The President is focused on looking forward, that's why."You know what? I'm focused on looking forward too. And as I gaze into my crystal ball, I see a world in which members of the executive branch take it for granted that they can do whatever they want with impunity. Why not break the law? Why not eavesdrop on Americans? Why not torture people? Why not detain citizens indefinitely without charges? Heck, why not impose martial law and make yourself dictator for life? There is nothing to stop the people who make these decisions. They have nothing to fear. Because once they've made them, their actions are back there, in the past that no one ever wants to look at.
I also see a world in which everyone takes it for granted that there are two kinds of people, as far as the law is concerned. If most people tried to make the case that prosecuting their criminal acts was just "looking backwards", or a sign that the prosecutor was motivated by a desire for retribution, they'd be laughed out of court. Imagine the likely reaction if your average crack dealer were to urge the judge not to dwell on the past, or if someone who used accounting fraud to flip houses told offered a prosecutor the chance to be "very Mandelalike in the sense [of] saying let the past be the past and let us move into the future", or if I were pulled over for speeding and, when asked if I knew how fast I was going, replied that "Some things in life need to be mysterious ... Sometimes you need to just keep walking." I don't think any of us would get very far.
The only way you can embrace the "Looking Forward" line of logic, or the "some things in life need to be mysterious" line of logic, is to accept that the law works one way for people who've accrued political power, and another way for those who don't. The worst part is its not even necessary. I think a lot of us would accept what Obama said yesterday. A lot of us have sympathy for troops in the field who, as Hilzoy, were following the OLC. But from those who drafted the guidelines, we'd like some answers.