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 Right to Remain Silent - Air Force One Press Gaggle by Bill Burton 6/11/09 — Thursday, June 11, 2009 —  Q Bill, did you and Gibbs clarify reading Miranda rights to combatants in Iraq and Afghanistan?MR. BURTON: I'm going to direct you over to the Department of Justice on that. They put out a statement on that yesterday, and I think that there's been some mischaracterization of what's happening over there. Air Force One | Bill Burton | Department of Justice | Interrogation | Press Gaggle | War on Terror | White House Press Corps Labels: Air Force One, Bill Burton, Department of Justice, Interrogation, Press Gaggle, War on Terror, White House Press Corps >> Full Story
Posted by White House Press Corps @ 9:26:00 PM  Miranda Rights Read To Detainees - White House Press Briefing by Robert Gibbs — Wednesday, June 10, 2009 —  MR. GIBBS: Yes, sir.Q Robert, something completely different. Mike Rogers is a member of Congress, Republican from Michigan, has come back from Afghanistan and he tells our network that while he was there he witnessed U.S. military personnel reading Miranda rights to high-value detainees at Bagram detention facility in Afghanistan. He said this -- was informed by the military there that this is a common practice now to, upon their capture of these high-value targets, read them the Miranda rights. And he considers this a significant policy change, one that suggests to him, at least, that the administration has changed the orientation in Afghanistan from war fighting to law enforcement with this use of Miranda rights read to detainees. Would you care to comment on any of those observations? MR. GIBBS: I think I'd need a little bit more information. Q Do you know if that's true or untrue, that the Miranda rights are read? MR. GIBBS: I have no reason to disbelieve a member of Congress, but I don't know any of the circumstances that are involved around it. Q Would it come as a surprise to the White House that that's what would be happening? MR. GIBBS: It's not a surprise to me, but again, I think I'd need a little bit more information to begin to surmise some of what the Congressman has -- I don't know if he spoke with commanders on the ground, I don't know if he saw General McChrystal or -- Q In general does the White House think that's a good idea? MR. GIBBS: Major, let me get a little bit -- I'm happy to look at whatever longer-form information and get someone at NSC also to look at it. I hate to speculate on four sentences off of a report. Q Okay. Just so I understand what you're saying, when you said it wouldn't come as a surprise to you, what did you mean by that? MR. GIBBS: I'm not surprised by a lot in this town anymore. Let me look at what you're talking about -- Q You're not contesting that that's a policy that's being used? I'm just trying to make sure I understand what you're saying. MR. GIBBS: I feel like you should be reading me my rights. (Laughter.) That's why I'm hoping to get my lawyer. Again, I'm happy to look at whatever you have and try to give you an informed opinion based on somebody who's got greater jurisdiction over detainees at Bagram. That's outside of my portfolio. Afghanistan | Department of Justice | Interrogation | Obama Administration | Press Briefing | Robert Gibbs | War on Terror | White House Press Corps Labels: Afghanistan, Department of Justice, Interrogation, Obama Administration, Press Briefing, Robert Gibbs, War on Terror, White House Press Corps >> Full Story
Posted by White House Press Corps @ 7:20:00 PM The President Has Great Concern - White House Press Briefing by Robert Gibbs 5/12/09 — Tuesday, May 12, 2009 —  MR. GIBBS: Major.Q Robert, Senators Graham and Lieberman have written the President a letter about pending release of the photographs of the treatment of detainees, and they would like the President to consider reversing that decision made by the Justice Department and the Department of Defense. And in their letter, they say the release of these old photographs of past behavior -- MR. GIBBS: Well, let me -- the decision made by the Department of Defense and the Department of Justice relating to a series of court cases dating back to September of 2008, as well as an appeals case dating back to March 11. Go ahead. Q That's the legal foundation, yes. And in their letter, they say this will "serve no public good" -- I'm quoting now -- "but will empower al Qaeda propaganda operations, hurt our country's image, and endanger our men and women in uniform." Is this something that is being considered by the President for reversal or is this a policy that will go forward? And does he have any anxiety about the potential consequences of the release of these photographs? MR. GIBBS: Well, obviously the President has great concern about any impact that pictures of detainee -- potential detainee abuse in the past could have on the present-day service members that are protecting our freedom either in Iraq, Afghanistan, or throughout the world. That's something the President is very cognizant of, and we are working to -- we are working currently to figure out what the process is moving forward. Q Does this mean -- does that mean the decision could be reversed? MR. GIBBS: I don't want to get into that right now. Q So you can't commit either way? MR. GIBBS: I'm not going to add much to that right now. Al Qaeda | Department of Justice | Photos | President Obama | Press Briefing | Robert Gibbs | War on Terror | White House Press Corps Labels: Al Qaeda, Department of Justice, Photos, President Obama, Press Briefing, Robert Gibbs, War on Terror, White House Press Corps >> Full Story
Posted by White House Press Corps @ 5:58:00 PM Hopeless To Appeal? - White House Press Briefing by Robert Gibbs 4/24/09 — Wednesday, April 29, 2009 —  Q Robert, on the issue of the release of photos of -- photos being released of abuse of prisoners in Iraq and Afghanistan, two questions. One, can you explain why those are going to be released?MR. GIBBS: Sure. Q And secondly -- well, let's start with that. MR. GIBBS: Sure. The Second Circuit Court ruled in December of 2008 that the photos had to be released. The previous administration lost a court case on that. The Department of Justice decided based on the ruling that it was hopeless to appeal, and a mandate ordering the release of those photos came Monday. And the administration, the Pentagon, and the court entered into an agreement to release those photos. So this is part of the very same case that OLC memos were derived from. This was a court case based on information that was compelled to be released. Q So did this administration think that it was out of legal options, it had no more recourse, or did it decide it was time to release those? MR. GIBBS: I'll double-check. Specifically on the second part of that, I know that the Department of Justice determined specifically based on the ruling that they were not likely to be successful. Q And more big picture, just one last one. When these are released, are you concerned at all that that's going to be another version of the debate we've had here for the last week of a lot of looking back, looking back to the Bush administration and that time? MR. GIBBS: Well, again -- again, this was -- this was largely compelled by a court decision than this is -- there are going to be actions that -- many actions that are out of our control. But I think the President believes that -- the President believes that, as I've said throughout this process, that it is important to look forward and not to look backward, and that's the posture that he'll continue to take. Department of Justice | Interrogation | Obama Administration | Press Briefing | Robert Gibbs | War on Terror | White House Press Corps Labels: Department of Justice, Interrogation, Obama Administration, Press Briefing, Robert Gibbs, War on Terror, White House Press Corps >> Full Story
Posted by White House Press Corps @ 2:15:00 PM Whether To Prosecute - White House Press Briefing by Robert Gibbs 4/23/09 — Friday, April 24, 2009 —  MR. GIBBS: Steve.Q Robert, as you said, it's up to the Justice Department, not the White House, to decide whether there were crimes committed and whether to prosecute. Will the White House -- MR. GIBBS: Let me say -- let me -- I want to rephrase it. I haven’t said that. Well, I have said that, but that's what -- that's the legal system that's set up in this country. I mean, I -- what I said -- I didn't say that in terms of setting this doctrine up, right? Like if you drive 85 miles an hour on your way home, I may think it's against the law, but it's not likely I'm going to be the one providing you a speeding ticket, Steve. Q Will the White House play any role in that conversation, particularly if the decision is made to charge high-ranking officials like the Vice President or the President with a crime? MR. GIBBS: I think the President campaigned on, and will continue to keep the promise that he made in that campaign, as he has on many others, to leave legal determinations up to those that make legal determinations, not the President. Q Well, the White House worked with the Justice Department on the determination not to hold accountable the field operatives that are responsible for this behavior. MR. GIBBS: But that wasn't a political decision, Major. That was a decision based on -- Q I'm just saying it was a cooperative arrangement between this White House and the Justice Department on that decision. MR. GIBBS: I wouldn't discuss this as an arrangement. I think two people can understand that -- again, this isn't -- this is a fairly time-honored legal tradition, if you follow legal advice rendered in good faith to govern your actions that you're not going to be held accountable or prosecuted for those actions. All this is to say the best way to determine -- Q That's not what I'm talking about. What I was talking about is the collaborative effort between the White House and Justice Department some places and not elsewhere. MR. GIBBS: The best way to determine -- the best way to determine who's going to -- the rule of law is to have it determined by lawyers who can determine whether or not somebody knowingly broke the law. Q We've started talking in the last 24 hours more and more about very high-ranking people - MR. GIBBS: I haven't talked about -- Q -- Condoleezza Rice, Dick Cheney -- MR. GIBBS: -- you guys have. Q If in fact it reaches that level, would the President weigh in? MR. GIBBS: Okay, you guys and Jay Rockefeller. (Laughter.) I'm sorry, what was -- Q Would the President weigh in -- MR. GIBBS: Now, that we've -- Q -- turn to very high-ranking levels of the government? What does he think, for example, of the fact that Gerald Ford pardoned Richard Nixon? Was that a breach of the presidential duty, or should that have been left to the Attorney General? MR. GIBBS: I think the President has seen Frost/Nixon, but I do not know whether he's determined the efficacy of such a pardon. Thanks, guys. Department of Justice | Interrogation | Obama Administration | Press Briefing | Robert Gibbs | White House Press Corps Labels: Department of Justice, Interrogation, Obama Administration, Press Briefing, Robert Gibbs, White House Press Corps >> Full Story
Posted by White House Press Corps @ 5:08:00 PM
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