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Thursday, November 13, 2008 12:00 AM

Obama's plans for probing Bush torture

President Bush could pardon officials involved in brutal interrogations -- but he may also face a sweeping investigation under the new president.

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  • Thursday, November 13, 2008 07:19 AM

    Truth and Reconciliation Commission

    There are several critical issues in dealing with Bush's high crimes and misdemeanors. First, is to return to constitutional procedures and prevent future abuses of power by the executive. Second, to do the first in a way that contributes to healing the nation rather than exacerbating the bitter partisan divide we have now.

    While there would be some satisfaction is seeing the malefactors go to jail, that would also inflame the hard-core republicans and therefore is not worth it if we can avoid it.

    We need a Truth and Reconciliation Commission (T & R) modeled after the South African process. Such a commission would be able to get the truth out, would avoid partisan wrangling, and should stimulate a thoughtful discussion of the constitutional and human rights issues. Further, by getting a full accounting and admission of the abuses, the process should serve as a strong deterrent to future abuses.

    The T & R Commission also provides a tremendous incentive for the administration officials to cooperate: if they tell the truth and repent, they are then forgiven. If they refuse to tell the truth or refuse to cooperate, they then face prosecution. And given that many will take the opportunity for forgiveness and will tell their stories, prosecuting the holdouts should be much easier.

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