Skip to main content

The context you need, when you need it

When news breaks, you need to understand what actually matters — and what to do about it. At Vox, our mission to help you make sense of the world has never been more vital. But we can’t do it on our own.

We rely on readers like you to fund our journalism. Will you support our work and become a Vox Member today?

Join now

Instead of prosecuting torturers, Obama prosecuted the guy who revealed the program

Pool/Getty Images

The details in the Senate report on Central Intelligence Agency torture, released today, are shocking. But don’t expect anyone to be held responsible. The only person the Obama administration has prosecuted in connection with the torture program is a man who revealed its existence to the media.

Much of the information in the report is new to the public, but a lot of it would have been uncovered during a detailed torture investigation Attorney General Eric Holder conducted during President Obama's first term. After carefully examining the evidence, Holder decided not to prosecute anyone for the CIA's torture. "The department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt," Holder said when he dropped investigations into two torture-related deaths in 2012.

That seems consistent with Obama's own views on the subject. Asked about investigating CIA torture in 2009, Obama replied that "it’s important to look forward and not backwards." Obama admitted that "we tortured some folks" earlier this year, but he didn't call for those responsible to be punished.

But the Obama administration has had a different attitude when it comes to those who revealed the existence of the CIA torture program. In 2012, the Obama administration charged former CIA official John Kiriakou for leaking classified information related to the torture program to reporters. Threatened with decades in prison, Kiriakou was forced to plead guilty and accepted a 30-month prison sentence. He's in prison right now.

Obama has vowed to “use my authority as president to make sure we never resort to those methods again.” But prosecuting people who revealed the program, instead of the people responsible, makes it more likely that abuses like this will happen again.

Policy
Is Trump’s Justice Department trying to discredit itself?Is Trump’s Justice Department trying to discredit itself?
Policy

The DOJ used to avoid spectacles like the Louise Lucas raid.

By Ian Millhiser
Politics
What the Supreme Court still has left to decide this termWhat the Supreme Court still has left to decide this term
Politics

Democracy and Donald Trump dominate the Court’s remaining docket.

By Ian Millhiser
Politics
The Supreme Court seems a bit nervous about letting the police track you with your phoneThe Supreme Court seems a bit nervous about letting the police track you with your phone
Politics

The justices were concerned that the Trump administration is asking for too much in a major police surveillance case.

By Ian Millhiser
Politics
The Supreme Court will decide when the police can use your phone to track youThe Supreme Court will decide when the police can use your phone to track you
Politics

Chatrie v. United States asks what limits the Constitution places on the surveillance state in an age of cellphones.

By Ian Millhiser
Policy
Pam Bondi’s ouster makes Trump’s Justice Department even more dangerousPam Bondi’s ouster makes Trump’s Justice Department even more dangerous
Policy

The best thing about Bondi was her incompetence.

By Ian Millhiser
Culture
Me Too revealed a lot of villains. Why is Epstein the one we still care about?Me Too revealed a lot of villains. Why is Epstein the one we still care about?
Culture

How the Epstein story became an American parable.

By Constance Grady