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Napolitano: "I would never second-guess a prosecutor"

Posted By Conn Carroll On September 2, 2009 @ 1:36 pm In Legal | Comments Disabled

The Corner [1]‘s Marc Thiessen notes that on The Today Show this morning, while trying to defend Attorney General Eric Holder’s decision to re-investigate allegations of detainee abuse by the CIA, Department of Homeland Security Secretary Janet Napolitano said: “I’m a former United States attorney. I’m a former [state] attorney general, a prosecutor. . . . I would never second-guess a prosecutor.” Watch:


The key fact that Napolitano is leaving out here is that second guessing a prosecutor is exactly what Holder is doing. Former-President Bill Clinton chief of staff and CIA director Leon Panetta explains [2]:

The Department of Justice has had the complete IG report since 2004. Its career prosecutors have examined that document-and other incidents from Iraq and Afghanistan-for legal accountability. They worked carefully and thoroughly, sometimes taking years to decide if prosecution was warranted or not. In one case, the Department obtained a criminal conviction of a CIA contractor.

Secretary Napolitano is right: second guessing a career prosecutor’s judgment for political reasons [3] is terrible public policy and undermines the rule of law. The Obama administration needs to come clean and admit that that is exactly what Attorney General Eric Holder is doing.

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URL to article: http://blog.heritage.org/2009/09/02/napolitano-i-would-never-second-guess-a-prosecutor/

URLs in this post:

[1] The Corner: http://corner.nationalreview.com/post/?q=ODgzNDkwYjczY2Y0MmExZTRhY2ViNTQ5M2NlZmU0ODg=

[2] explains: http://www.foxnews.com/politics/2009/08/24/raw-data-panetta-letter-cia-staff-release-interrogation-report/

[3] political reasons: http://www.foundry.org/2009/08/31/morning-bell-politics-before-justice-at-obamas-doj/

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