Obama Reluctant to Look Into Bush Programs
WASHINGTON — President-elect Barack Obama signaled in an interview
broadcast Sunday that he was unlikely to authorize a broad inquiry
into Bush administration programs like domestic eavesdropping or the
treatment of terrorism suspects.

But Mr. Obama also said prosecutions would proceed if the Justice
Department found evidence that laws had been broken.


As a candidate, Mr. Obama broadly condemned some counterterrorism
tactics of the Bush administration and its claim that the measures
were justified under executive powers. But his administration will
face competing demands: pressure from liberals who want wide-ranging
criminal investigations, and the need to establish trust among the
country’s intelligence agencies. At the Central Intelligence Agency,
in particular, many officers flatly oppose any further review and may
protest the prospect of a broad inquiry into their past conduct.


In the clearest indication so far of his thinking on the issue, Mr.
Obama said on the ABC News program “This Week With George
Stephanopoulos” that there should be prosecutions if “somebody has
blatantly broken the law” but that his legal team was still
evaluating
interrogation and detention issues and would examine “past
practices.”


Mr. Obama added that he also had “a belief that we need to look
forward as opposed to looking backwards.”


“And part of my job,” he continued, “is to make sure that, for
example, at the C.I.A., you’ve got extraordinarily talented people
who
are working very hard to keep Americans safe. I don’t want them to
suddenly feel like they’ve got spend their all their time looking
over
their shoulders.”


The Bush administration has authorized interrogation tactics like
waterboarding that critics say skirted federal laws and international
treaties, and domestic wiretapping without warrants. But the details
of those programs have never been made public, and administration
officials have said their actions were legal under a president’s
wartime powers.


There was no immediate reaction from Capitol Hill, where there has
been a growing sense that Mr. Obama was not inclined to pursue these
matters. In resisting pressure for a wider inquiry, he risks the ire
of influential Democratic lawmakers on Congressional judiciary and
intelligence committees and core constituencies who hoped his
election
would cast a spotlight on President Bush’s antiterror efforts.


The issue will also be an important early test of his relationship
with conservatives in Congress and the country’s intelligence
agencies; both groups oppose any further review.


On other terrorism issues, Mr. Obama suggested in the interview that
his approach might be more measured. He said the closing of the
detention center at Guantánamo Bay, Cuba, which once seemed to be an
early top objective, was not likely to happen during the first 100
days of his administration.


“It is more difficult than I think a lot of people realize,” Mr.
Obama
said, “and we are going to get it done. But part of the challenge
that
you have is that you have a bunch of folks that have been detained,
many of whom who may be very dangerous, who have not been put on
trial
or have not gone through some adjudication.”


Mr. Obama has in the past condemned waterboarding, and he was
explicit
in the interview that he regarded the use of the technique, in which
a
subject is made to believe that he is drowning, as torture,
prohibited
by statute. And the president-elect said he disagreed with Vice
President Dick Cheney, who has defended the practice.


“Vice President Cheney, I think, continues to defend what he calls
extraordinary measures or procedures when it comes to
interrogations,”
Mr. Obama said, “and from my view, waterboarding is torture.”


Mr. Obama’s choice for attorney general, Eric H. Holder Jr., is
widely
expected to be asked about his views on these issues at his
confirmation hearing this week. Associates say Mr. Holder is open to
prosecutions based on specific accusations but is less eager to use
the criminal law to commence wide-ranging inquiries. Before being
chosen for the Obama cabinet, he said there should be “a reckoning”
over Bush administration policies.


Lawyers who represented Bush administration officials over the years
expressed little surprise that Mr. Obama’s legal and national
security
team had lost whatever appetite it might have had for delving into
alleged misdeeds of the Bush years.


“A new president doesn’t want to look vengeful,” said a former Bush
White House lawyer, Bradford A. Berenson, who was a Harvard law
classmate of Mr. Obama and has represented administration figures as
a
private lawyer, “and the last thing a new administration wants to do
is spend its time and energy rehashing the perceived sins of the old
one.


“No matter how much the Obama administration’s most extreme
supporters
may be screaming for blood, the president himself doesn’t seem to
share that bloodlust.”


Moreover, any effort to conduct a wider re-examination would almost
certainly provoke a backlash at the country’s intelligence agencies.


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More Articles in US » A version of this article appeared in print on
January 12, 2009, on page A1 of the New York edition.




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