Pass HR 104, Commission on War Powers

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Not Even Obama Will Give Up The Illegal War Powers Seized By Bush Unless Congress Makes Him Do It

Even in appointing a special counsel last week to look into torture, Eric Holder essentially directed him to IGNORE whether a crime was committed in ordering torture in the first place. The only mandate lifelong Republican prosecutor John Durham has been given is about whether department personnel EXCEEDED the instructions they were given. The "just following orders defense" rejected at Nuremberg has been resurrected by our new Attorney General.

With Holder doing such a weak job of enforcing the law on his own, it is all the more important to get Congress to reassert itself in all these matters, in particular the abuse of war powers under which all the torture happened in the first place. And HR 104, To establish a national commission on presidential war powers and civil liberties [text of bill], appears to be a good step in this direction. We should not preemptively exclude congressional commissions or investigations as a route to real justice, for that is what Watergate was all about. Congress must act NOW to constrain ALL future presidents, including Obama, lest we end up with worse than Bush before we know it.

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