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Leahy Calls for Truth Commission

By Jack M. Balkin

Senator Patrick Leahy has called for a truth commission to investigate abuses of power by the Bush Administration.

We need to get to the bottom of what happened -- and why -- so we make sure it never happens again.

One path to that goal would be a reconciliation process and truth commission. We could develop and authorize a person or group of people universally recognized as fair minded, and without axes to grind. Their straightforward mission would be to find the truth. People would be invited to come forward and share their knowledge and experiences, not for purposes of constructing criminal indictments, but to assemble the facts. If needed, such a process could involve subpoena powers, and even the authority to obtain immunity from prosecutions in order to get to the whole truth. Congress has already granted immunity, over my objection, to those who facilitated warrantless wiretaps and those who conducted cruel interrogations. It would be far better to use that authority to learn the truth.

During the past several years, this country has been divided as deeply as it has been at any time in our history since the Civil War. It has made our government less productive and our society less civil. President Obama is right that we cannot afford extreme partisanship and debilitating divisions. In this week when we begin commemorating the Lincoln bicentennial, there is need, again, ?to bind up the nation?s wounds.? President Lincoln urged that course in his second inaugural address some seven score and four years ago.

Rather than vengeance, we need a fair-minded pursuit of what actually happened. Sometimes the best way to move forward is getting to the truth, finding out what happened, so we can make sure it does not happen again. When I came to the Senate, the Church Committee was working to expose the excesses of an earlier era. Its work helped ensure that in years to come, we did not repeat the mistakes of the past. We need to think about whether we have arrived at such a time, again. We need to come to a shared understanding of the failures of the recent past.

For my own views on why we need truth commissions in our current circumstances, why South Africa's Truth and Reconciliation Commission may not be the correct model, and why a single truth commission may not be sufficient, see here.

Full post as published by Balkinization on February 10, 2009 (boomark / email).

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