Decision not to prosecute is debated

WASHINGTON — President Barack Obama does not intend to prosecute Bush administration officials who devised the policies that led to the harsh interrogation of suspected terrorists, White House chief of staff Rahm Emanuel said Sunday.

Obama last week authorized the release of a series of memos detailing the methods approved under President George W. Bush. In an accompanying statement, he said "it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice, that they will not be subject to prosecution." He did not specifically address the policymakers.

Asked Sunday on ABC's "This Week" about the fate of those officials, Emanuel said the president believes they "should not be prosecuted either, and that's not the place that we go."

GOP Sen. Lindsey Graham of South Carolina, a member of the Senate Armed Services Committee, said the idea of "criminalizing legal advice after one administration is out of the office is a very bad precedent. … I think it would be disaster to go back and try to prosecute a lawyer for giving legal advice that you disagreed with to a former president."

Sen. Claire McCaskill, D-Mo., said, "I don't think we want to look in the rearview mirror." But McCaskill, also on the Armed Services Committee, said there probably was a need to ask more questions. "How do you get lawyers at the top levels of the Justice Department that could give this kind of advice?"

The decision not to seek charges against the interrogators has been criticized by the American Civil Liberties Union and called a violation of international law by the U.N.'s top torture investigator.

In his statement last week, the president said: "This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past."

Republican lawmakers and others contend that national security was undermined by the release of the memos. On Sunday, Obama administration officials pushed back vigorously against that claim.