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Eli Lake reports that Eric Holder has assured Republicans that the Obama administration won't seek prosecutions for Bush administration officials who facilitated torture, which was part of an agreement to ensure his timely confirmation as attorney general:
Sen. Christopher "Kit" Bond, a Republican from Missouri and the vice chairman of the Senate Select Committee on Intelligence, said in an interview with The Washington Times that he will support Eric H. Holder Jr.'s nomination for Attorney General because Mr. Holder assured him privately that Mr. Obama's Justice Department will not prosecute former Bush officials involved in the interrogations program.Needless to say, it's incredibly frustrating to have everyone in power agree that prosecuting powerful people for breaking the law is counter-productive, not to mention that it's based on an unsustainable legal principle. It's not like anyone outside the government would be able to get a hack legal opinion to justify an illegal use of force and then claim it immunizes them from prosecution, and the implications of the government being able to do so are terrifying.Mr. Holder's promise apparently was key to moving his nomination forward. Today, the Senate Judiciary Committee voted 17-2 to favorably recommend Holder for the post. He is likely to be confirmed by the Senate soon.
-- A. Serwer