Скачать или смотреть Nadler Reacts to Release of Torture Memos on MSNBC's The Ed Show

May 4, 2009

Congressman Nadler discusses potential Congressional action after the recent release of the torture memos.

Interview text:

MR. SCHULTZ: Congressional Democrats aren't satisfied with closing the door on torture. They want the Bush administration officials held accountable. They want to investigate Bush era policies on torture, detention and wiretapping. And three of them are introducing a resolution to create a select committee to do just that.

Could a committee with subpoena power get the American people answers on torture? Joining me now is Congressman Jerrold Nadler. Mr. Nadler, good to have you with us.

He sits on the House Judiciary Committee and chairs the Subcommittee on the Constitution, Civil Rights and Civil Liberties.

Mr. Nadler, are you getting any lead at all, or maybe even a wink and a nod from the White House on this?

REP. NADLER: No, we're not getting any lead and not really a wink and a nod at all yet. I met with the attorney general a week and a half ago on this and on special prosecutor, and they mostly listened. They said they'd get back to us. But they certainly did not encourage us.

We said to them that it was imperative, that it was our duty under the law, that we would be breaking the law if we didn't investigate torture that we know occurred and, if warranted, prosecute.

MR. SCHULTZ: And what did the attorney general say when you said that to him, that it's your duty and you've got to investigate and it's the law? What did he say?

REP. NADLER: He indicated they were looking into it and they'd make a decision.

MR. SCHULTZ: So that's it? We're just looking into it. Did he give you any idea of when this decision might be taking place?

REP. NADLER: No, but I got the idea that it wasn't going to be too long delayed, one way or the other.

MR. SCHULTZ: Okay.

REP. NADLER: I mean, we asked them that, and we asked him also about changing the position on the state secrets doctrine and several other things.

MR. SCHULTZ: All right, take us down the road. What do you want to happen, and when? How would this all be structured?

REP. NADLER: Well, two things ought to happen, and they both have to happen. They're separate, but they both have to happen.

Number one, the American people have to know and Congress has to know all of what really happened so that we can, A -- more importantly than holding people accountable in that respect so that we can design the system, change the laws, whatever, to make sure that behavior is proper in the future, that people aren't tortured, that people aren't wiretapped against the law and so forth.

And secondly, there has to be a proper criminal investigation by the Justice Department, and, if indicated, if the facts warrant, then prosecutions, because nobody may be above the law.

MR. SCHULTZ: What was your response when the president last week used the word "mistake" and he stayed away from the word "crime"?
I actually was --

REP. NADLER: Well, that's --

MR. SCHULTZ: Sitting right there, I got a sense, you know, he doesn't want to go down this road.

REP. NADLER: Well, I don't think he does. But I think he knows that it's not his right or duty to make that decision. We were very critical of the Bush administration for politicizing the Justice Department in the U.S. attorneys case and others, for deciding who to prosecute, who not to prosecute and so forth.
It is not up to the White House. It would be an abuse of power for the White House to decide that there ought to be prosecutions or there should not be prosecutions. That's up to the Justice Department, which is supposed to be indepent in these matters.

And they have to investigate and take them -- and make decisions on a straight legal basis, where the facts indicate.

MR. SCHULTZ: How many of you in Congress do you think are going to get on board with this?

REP. NADLER: I don't know. We haven't -- MR. SCHULTZ: You mean, you really don't have a sense of the majority of Democrats?

REP. NADLER: I think a lot of -- I think there's sizable support for this, but we haven't whipped it and we haven't really discussed it in caucus, so I can't say.

MR. SCHULTZ: All right, Congressman, good to have you with us tonight. Thanks so much.

REP. NADLER: Good to be with you.

MR. SCHULTZ: I hope you go to the firewall on this one.

REP. NADLER: We will.