Update: Democratic members of the Judiciary Committee have just denied that Holder said any such thing. I’d like to see Holder deny this too.

If this report in the Washington Times is accurate, Eric Holder just agreed not to prosecute people who engaged in torture:

Sen. Christopher “Kit” Bond, a Republican from Missouri and the vice chairman of the Senate Select Committee on Intelligence, said in an interview with The Washington Times that he will support Eric H. Holder Jr.’s nomination for Attorney General because Mr. Holder assured him privately that Mr. Obama’s Justice Department will not prosecute former Bush officials involved in the interrogations program.

Mr. Holder’s promise apparently was key to moving his nomination forward. Today, the Senate Judiciary Committee voted 17-2 to favorably recommend Holder for the post. He is likely to be confirmed by the Senate soon.

Sen. Bond also said that Mr. Holder told him in a private meeting Tuesday that he will not strip the telecommunications companies that cooperated with the National Security Agency after the Sept. 11, 2001, attacks of retroactive legal immunity from civil lawsuits–removing another potential sticking point among GOP senators.

When the United States ratified the Convention against Torture in 1994, it created an obligation to affirmatively act to prevent torture, and to prosecute torturers and co-conspirators through, “effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction,” including taking steps to “ensure that all acts of torture are offenses under its criminal law”.

If the report is true, and note that it’s the Washington Times quoting Kit Bond, so the possibility that the reporter or the Senator is lying is most assuredly non-zero, so, Holder could have said something as innocuous as, “There is such a thing as prosecutorial discretion,” and Kit Bond could have related this as, “there will be no prosecutions.”

Certainly, the Republicans have in the past fabricated promises in the hope that they would become accepted as the status quo…..It’s called poisoning the well.

That being said, if what Mr. Bond related is a true description of the discussions, then Eric Holder has entered into an illegal conspiracy to coverup torture, which is, under the convention against, a violation of the Convention against Torture in and of itself.

The pertinent sections of the convention are below (all emphasis mine, and but I’m an engineer, not a lawyer, dammit!^*):

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.
2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
1. When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
2. When the alleged offender is a national of that State;
3. When the victim is a national of that State if that State considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.
3. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

^*I LOVE IT when I get to go all Doctor McCoy!!!