and our government, he added, will indemnify all those who have been fined or penalized in any way, "and represent them in congressional investigations."
MCM Holder: CIA Officials Will Not Be Charged for Harsh Interrogation Tactics [sic] Attorney General Eric Holder Jr. said Thursday that CIA officials who used harsh interrogation tactics [sic] -- including waterboarding -- on suspected terrorists would not face prosecution and that the government would provide free legal representation to any official sued for their participation in the now-banned interrogation program. In a statement today, Holder also said the government would indemnify intelligence officials for any monetary judgment or penalty imposed against them and represent them in congressional investigations. Holder's remarks accompanied the release of one secret legal opinion the Justice Department's Office of Legal Counsel issued to the CIA in August 2002 and three the office issued to the agency in May 2005. Click <http://legaltimes.typepad.com/files/olc-memo---eits---final-redact-comp---01-aug-02.pdf>here for 2002 opinion; and <http://legaltimes.typepad.com/files/olc-memo---combined-eits---final-redact-comp---10-may-05.pdf>here, <http://legaltimes.typepad.com/files/ldwcym-olc_051020052_bradbury46pg.pdf>here, and <http://legaltimes.typepad.com/files/part-2---olc-memo---combined-eits---final-redact-comp---30-may-05.pdf>here for the 2005 opinions. (Be warned: The files are large.) Here is the Justice Department statement in full: "The President has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture," said Attorney General Eric Holder. "We are disclosing these memos consistent with our commitment to the rule of law." Holder also stressed that intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct. The Attorney General has informed the Central Intelligence Agency that the government would provide legal representation to any employee, at no cost to the employee, in any state or federal judicial or administrative proceeding brought against the employee based on such conduct and would take measures to respond to any proceeding initiated against the employee in any international or foreign tribunal, including appointing counsel to act on the employee's behalf and asserting any available immunities and other defenses in the proceeding itself. To the extent permissible under federal law, the government will also indemnify any employee for any monetary judgment or penalty ultimately imposed against him for such conduct and will provide representation in congressional investigations. "It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department," Holder said. After reviewing these opinions, OLC has decided to withdraw them: They no longer represent the views of the Office of Legal Counsel. Posted by Joe Palazzolo on April 16, 2009 at 03:33 PM in <http://legaltimes.typepad.com/blt/justice_department/>Justice Department --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to Mark Crispin Miller's "News From Underground" newsgroup. To unsubscribe, send a blank email to newsfromunderground-unsubscr...@googlegroups.com OR go to http://groups.google.com/group/newsfromunderground and click on the "Unsubscribe or change membership" link in the yellow bar at the top of the page, then click the "Unsubscribe" button on the next page. For more News From Underground, visit http://markcrispinmiller.com -~----------~----~----~----~------~----~------~--~---
