During Attorney General Eric Holder's appearance before the House Judiciary Committee, Rep. Jerrold Nadler pressed him to appoint a Special Prosecutor to investigate torture.

In particular, Nadler asked if Special Counsel John Durham's ongoing investigation of the CIA's destruction of the waterboarding tapes could be expanded to include the broader crime of torture itself. Holder indicated he is still trying to determine whether any crimes were committed.

Holder did not elaborate, but I presume he's waiting for his Office of Professional Responsibility (OPR) to determine whether Jay Bybee, John Yoo, Steven Bradbury and the other OLC lawyers wrote "illegal" memos authorizing torture. Holder is clearly unwilling to judge the actions of the interrogators who relied on the OLC memos until the "legality" of those memos is settled.

No mention was made of roughly 100 prisoners who died, including 34-45 who were murdered. Obviously murdering a prisoner can never be legal, but no senior Bush official was ever held accountable.

For more on Holder's unclear testimony, read David Swanson.

We won a huge victory today! Thanks to your emails and calls, 15 House Judiciary Democrats joined chair John Conyers in urging Attorney General Holder to appoint a Special Counsel on Torture. Their letter says,

The attorney general acknowledged in his confirmation hearings that waterboarding is torture.  Moreover, the International Committee of the Red Cross and the top Bush Administration official in charge of military commissions have also concluded that the United States engaged in torture of detainees.  The Geneva Convention and the Convention Against Torture both require the United States to investigate, and if necessary prosecute, alleged violations.  Justice Department regulations provide for the appointment of a special counsel when a criminal investigation is both warranted and in the public interest, and when an investigation may pose a conflict of interest within the Department.  Since these conditions are present, the signatories below conclude that a special counsel should be appointed.

It was signed by 16 of 23 HJC Democrats (see below).

So will Holder agree? Josh Gerstein says no:

Holder is likely to reject that request – his boss, the president, has indicated he doesn’t see the need for such a prosecutor.  

In an interview with Countdown's David Schuster, Rep. Jerrold Nadler (D-NY) made it so clear and simple. How can anyone disagree with a single word he says?

SHUSTER: You were the first Democrat to call for the appointment of a special prosecutor to investigate torture abuses.  Are you satisfied with the president‘s comments earlier today and what do you think prompted this shift in his position?

NADLER:  Well, I think, I‘m very happy with the president‘s position today.  He left the door open for the attorney general to decide whether there should be a special counsel.  And that‘s exactly where the decision should be made, not in the White House but in the attorney general‘s office.

Yesterday I noted 3 key Democrats - Senate Judiciary chair Patrick Leahy, Senate Armed Services chair Carl Levin, and House Judiciary chair John Conyers - refused to call for prosecution of torturers.

But today one key Dem - Jerrold Nadler, chair of the House Judiciary subcommittee on the Constitution - became the first Democrat to urge President Obama and Attorney General Holder to appoin a Special Prosecutor.

Nadler also said his subcommittee would hold hearings, which is a huge step because he does not need the approval of the President or Attorney General.

I attended Rep. Jerry Nadler's event at the Tribeca Cinema last night which featured a lively discussion about progressive issues.

Moderator Joel Silverman asked about Senator Leahy's proposed Truth Commission.

Baratunde Thurston of Jack & Jill Politics said it's not about vengeance, it's about setting standards.

On November 20, Rep. Jerrold Nadler (D-NY) introduced H.Res. 1531 to hold George Bush and his administration accountable for their crimes through a Congressional investigation and a Special Prosecutor. We sent over 57,000 petition signatures to Congress and persuaded 9 House Democrats to co-sponsor. With the start of the new Congress, Rep. Nadler has re-introduced his resolution with a new number, H.Res. 9.

On Thursday, Rep. Jerrold Nadler joined an all-star panel called "After Torture: A Forum on justice in the post-Bush era" organized by Harper's Magazine and The Center on Law and Security at NYU School of Law.

Nadler said "accountability is one of the most important questions before our country." He said we need to "prevent future recurrences," and "in a just society, we must do justice and be seen to do justice."

Rep. Jerrold Nadler (D-NY) introduced his resolution opposing corrupt Bush pardons on Friday, and it's gaining momentum quickly.

This is the first resolution urging President Bush not to pardon senior administration officials for crimes the President authorized. It urges Congress to investigate those crimes and any pardons relating to those crimes, and urges the Attorney General (current or future) to appoint an Independent Counsel to prosecute those crimes. Please ask your Rep to co-sponsor!

H.Res. 9
Introduced 11/20/08 (Reintroduced 1/6/09) by Rep. Jerrold Nadler (D-NY) (Press Release)
Referred to the Judiciary Committee

Expressing the sense of the House of Representatives that the President of the United States should not issue pardons to senior members of his administration during the final 90 days of his term of office.

September 17, 2008

Dear Congressman Nadler,

We are sure this will come as no surprise, but your inexplicable refusal to uphold your oath of office or wield the power entrusted to you as a member of the House Judiciary Committee and the chair of the its Constitution, Civil Rights and Civil Liberties subcommittee to bring about impeachment hearings has gravely disappointed thousands of your constituents.

You did not challenge Nancy Pelosi when she took impeachment off the table. You did not call upon John Conyers to initiate hearings, and you did not stand with your courageous colleagues who put principle before Party by calling for impeachment hearings.