Putting the Bush Years on Trial

CounterPunch Diary
By ALEXANDER COCKBURN

The notion of putting the Bush years on trial has never held allure for President Obama; even less so that of putting Wall Street in the dock. From his lips has always dropped the catechism of uplift and forgiveness, of “moving forward”. He and his advisors had supposed that closing down Guantanamo and issuing a stern denunciation of torture would be sufficient advertisement of the new era; that a few terse reprimands for excessive bonuses for executives would slake the public appetite for retribution on the bankers and tycoons.

On torture, as he approaches the 100-day benchmark, Obama has been forced to change step, in response to public outrage at the chilling stream of memoranda documenting the savageries, and legal justifications for same, ordered and subsequently monitored in minute detail by the Bush high command. Obama’s continuing aversion to any serious calling to account of the sponsors of torture has been evident in his almost daily shifts in position. At the start of this last week he indicated that yes, those okaying the tortures might be legally answerable, that a “Truth Commission” might be the way forward. By Thursday he was backing into that, saying that a commission would “open the door to a protracted, backward-looking discussion” and in the language of his press secretary, “the president determined the concept didn’t seem altogether workable in this case” because of the intense partisan atmosphere built around the issue.

So it’s still not clear whether Bush, Cheney, Rumsfeld and their subordinates will have to endure the soft option of a bipartisan commission of enquiry, or face a special prosecutor, or sit back and watch political momentum flag as the issue devolves into lengthy and possibly closed hearings by the Senate Intelligence Committee. As Republicans have not been slow in pointing out, senior Democrats in Congress were certainly complicit in sanctioning torture as early as 2002. They say House Speaker Nancy Pelosi endorsed waterboarding. She says she did not.

As always, former vice president Cheney has usefully raised the stakes. Did the various tortures, the hundreds of waterboarding sessions, the exposure of naked captives to weeks of intense cold in small concrete boxes, actually make America safer? Cheney snarls on television that they did, thus inviting documented ripostes that this is far from clear, and indeed they contributed nothing of advantage to the national interest.

A serious probe into the way Wall Street did business before the crash and during the bailout is even more politically fraught. Bipartisanship has always been the order of the day when it comes to enthusiastic receipt of campaign donations from the financial services industry, by far the most diligent supplier of funds to Democrats and Republicans alike, not omitting Obama himself, whose campaign accounts overflowed with money from Goldman Sachs and the big Wall Street forms.

But with each fresh billion dollar outlay of bailout money there’s been an uptick in public resentment which is why Speaker of the Nancy Pelosi let it be known last week that she proposes to launch Congressional hearings into Wall Street’s malpractices, along the lines of the famous hearings of the Roosevelt era, conducted by the Senate Banking Committee and led by the committee’s chief counsel, Ferdinand Pecora.

The diligent Pecora, formerly an assistant District Attorney from New York, used his committee’s subpoena power to expose the double dealing and chicanery of Wall Street’s most prominent denizens, among them Richard Whitney, Thomas Lamont and J.P. Morgan himself. His hearings set the stage for the regulatory apparatus set up by Roosevelt and the Democrats, ultimately dismembered in the late 1990s in a bipartisan spirit by Bill Clinton and his Treasury Secretary Robert Rubin, working in consort with Republican senator Phil Gramm.

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