We're Torturing Ourselves

Five reasons why the president doesn’t want torture prosecutions.

By: David Swerdlick | Posted: April 23, 2009 at 6:31 AM

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We're Torturing Ourselves

Five reasons why the president doesn’t want torture prosecutions.

david.swerdlick

Five reasons why the president doesn’t want to prosecute.

<p>Five reasons that the president doesn’t want torture prosecutions.</p>

04/23/2009 06:31

If I ever have to die for my beliefs, I sincerely hope that my reward in secular humanist heaven is a bottomless platter of crisp, thick-cut Irish bacon—delicious. But for an al Qaeda suspect locked up at Guantánamo, finding out that interrogators snuck a tiny grain of pepperoni into his already-eaten cheese pizza might be cause for sheer terror.

Torture is in the eye of the beholder, but by the definition of the United Nations convention against torture, waterboarding and other CIA and military interrogation “techniques” revealed in declassified memos, meet the definition of prohibited acts of torture.

Handcuffs too tight? OK. Simulated drowning? Not OK.

So the Bush administration lawyered up and gave itself permission to use specific methods that they say weren't really torture, but just sort of torture-ish.

It makes sense that Obama, staking his presidency on restoring credibility to the federal government both at home and abroad, decided to release the torture memos to fully disclose the extent to which torture tactics had been countenanced by the previous administration—otherwise he could be accused of trying to cover it up. But now, appealing for an approach that looks forward rather than back, the president has signaled that he isn’t interested in putting American intelligence officers on trial.

Why?

“Did you order the Code Red?”

The problem with torture isn’t torture. The problem is hypocrisy. As a global superpower that professes to believe in the rule of law, by torturing, we failed to live up to the ideals that we espouse for ourselves and the world.

But pinning the blame on a few individuals is way too convenient. It lets the rest of us off the hook. We didn’t have the memos, but we knew what was going on, right? They don't stash detainees in the Caribbean because "It’s better in the Bahamas." The interrogators ran amok, waterboarding Abu Zubaida and Khalid Sheikh Mohammed a total of 266 times, and the rest of us were watching American Idol and 24.

“Yes, We Can (Remember?)”

Elections count. The American electorate took a long time to come around to the conclusion that the Bush/Cheney administration had taken the country on the wrong course, and Obama’s election was a signal that the nation wanted to turn the page.

Although there’s a clear legal basis for prosecuting those involved in torturing terror suspects, the change in the moral direction of U.S. policy already took place in 2008.

“Whatcha gonna do when they come for you?”

If we go down this road, the cycle of reprisals will never end. A lot of those eager to see Obama’s Justice Department convict members of Bush’s staff, military lawyers or interrogators in the field might be less enthusiastic when 2012 or 2016 rolls around and a Romney or Palin administration starts bringing charges against members of the Obama White House for the “crime” of allowing stem-cell research.

“…As you would have them do unto you.”

We might as well see what comes of our disclosure to the rest of the world before taking any next steps. Because we’re not the only ones out here doing it.

The rest of the world is justifiably upset by the disclosure of American torture. But before our guys go to jail, maybe Egypt, Iran, Turkey, China, Russia, France, Venezuela, Cuba and Nicaragua ought to come clean about their intelligence practices.

I’ve never been in a Saudi jail, but I’d be willing to bet that in the basement of Riyadh Central Prison, waterboarding is considered an appetizer.

“How did I get life?”

And invariably, the wrong people will go down. The leaders, former Vice President Dick Cheney and former Secretary of Defense Donald Rumsfeld, who set the institutional culture which allowed torture to go on, will have deniability, and the Lynndie Englands of the world will go to prison because they didn’t have the willpower to do the right thing.

Somewhere along the way, America started becoming the warden at Shawshank. As the Boston Globe’s Jeff Jacoby wrote Wednesday, we crossed “the line that separates us from the enemy we are trying to defeat.” Our image is tarnished abroad, and we’ve made it that much tougher to protect the Roxana Saberis of the world.

The bootleg legal reasoning concocted to get around the UN conventions should get lawyers disbarred and everyone else fired—maybe even publicly shamed. But for Obama and the country, going down the road of prosecution will be nothing short of pure torture.

David Swerdlick is a regular contributor to The Root.

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13 Comments

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rony

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Posted: Monday, November 02, 2009

Handcuffs too tight? OK.

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We R tha System...

The Black Whole

...n' we bear tha responsibility a' holdin' Bush n' his criminal cabinet n' counsel accountable. Obama iz simply one a' tha toolz w/ which we can affect tha desired change that haz eluded us 4 tha last 8 yearz (or 232+ yearz, dependin' upon yer take on this country'z "his"-story).

Some a' us were pushin' 4 this change while gwb/twb (that white boy) wuz still in office, az no one'z job title or money makez them untouchable in our book.

N' let'z not give theze stupid white boys tooooo much credit; they are not all that smart. We know high school kidz who have tha skillz 2 prosecute theze political bimbos in ANY court a' law. We wonder if tha so-called "adults" in this country can match or surpass tha abilitiez a' theze so-called kidz!

Az driad haz pointed out, tha firepower iz there (az iz tha evidence, @ least against condomEZ rice). Tha ONLY real question iz whether we az a country az a relative whole have tha political will 2 see such a process through 2 it'z needed conclusion.

Tha only reason they've gotten away w/ it thus far iz b'cuz we've allow'd it up until now. We assure u that once a critical mass gatherz against the utter stupidity and hubris of the former bush/cheney regime...they can be haul'd off 2 jail like any otha criminal.

Besidez...we have otha optionz 4 attainin' justice @ our disposal if only we are bold enuff 2 pursue 'em. Many mo' a' us are already there n' on point than the bourgeois are ready 2 acknowledge. It'z time 2 use bush/cheney's own tactics against 'em. The republican/conservative (preservative) movement in this country iz moribund--We say, "Let'z kill it off comnpletely n' Start Phresh!

http://theblackwhole.wordpress.com/2008/07/09/my-philosophyn-sooo-much-mo/

--TBW

...n' a special thanks 2 POTUS WORLD CEO 4 includin' hiz website in hiz post. We've already perused it (prior 2 writin' this response), have bookmarked it, n' will be givin' it a deep goin' over this weekend. A cursory review, however, revealz that he's already on tha right track.

We've been sayin' this 4 yearz n' it bearz repeatin'...Tha mo' Black folk a' all political n' economic persuasionz who Own Media tha BETTER!

Posted: Friday, April 24, 2009

Doing The Jury Pool Hustle With Dick Cheney & The Conspirators

POTUS World CEO

Engaging the media for interviews and sound bites was never Richard Bruce Cheney's thing. When outside his undisclosed locations, he strategically regaled media dupes with self-serving cryptic quips about Bush Administration policy. Dodging direct questions with factually obtuse answers was standard operating procedure. Only stalwart journalists dared risking the loss of media access for a question gone to far.

However, in the Obama era of apparent transparency and potential prosecutions, the former vice president and others may have to turnoff the talking points teleprompter in their heads in order to get ahead of the news cycle. We will soon approach a tipping point for prosecutions over conspiracy and Constitutional illegalities. Cheney's controlled media outreach will get more creative with rhetoric. Recollections of after action reports won't be so clear.

It is no coincidence that Dick Cheney finds his timely way into the studios of some of the same Bush-friendly news organizations that cushioned his quiet coup over the U.S. Constitution, Bill of Rights and genuinely open government. Cheney's media savvy advisors and lawyers are crafting his future showdown with the Special Counsel of the U.S. Department of Justice.

Nevertheless, when the full unspun facts are fully revealed through Congressional hearings and investigations, hair will raise on the necks of the most average conservative Americans. Liberals, Progressives and traditional Republicans may be astonished at what they didn't know about our slowly developing flirtation with fascism.

The pretexts for random spying on U.S. citizens, warrantless telephone and e-mail surveillance, secret arrests, detainment at undisclosed locations, illegal torture, color-coded fear mongering, premeditated war planning, government regulatory corruption, private contractor cronyism, and the systemic crippling of our national economy were just warm-up acts.

The first draft of recent history already indicates that America was grazed by two bullets aimed at the heart of our democracy and fiscal stability — bullets fired by a narrowly elected enemy within. An enemy we blindly re-elected in 2004.

The politics of distortion, distraction and disinformation from this conspiratorial inner-circle will be in full play in this high stakes game. Juicing-up the potential jury pool in the court of public opinion with doubt is job one. Expect Cheney, Gonzales, Rice, Rove, Rumsfeld, Wolfowitz and other associated conspirators to put forth their best efforts, strategic media interviews and books to weaken our rediscovered regard for the truth, the whole truth, and nothing but the truth.

The three aces for U.S. Attorney General Eric Holder, and the judiciary committees of the Senate and House, indicate there are more than enough willing witnesses, whistleblowers and evidence to weave a credible case for federal convictions. Barring some dubious misfortune or disappearance, these individuals are more than willing to talk with or without immunity — only if they are asked — starting with forcibly retired Brigadier General Janis Karpinski.

For others, the possibility of doing daily hard time in a hardcore federal prison with hardened criminals before and after lockdown is a great motivator for some detailed depositions. Every ounce of tedious investigation and legal prosecution should be used to restore the fading national trust that no one at any level of our government is superior to our Constitution.

Lastly, lest we forget, there is also the bitter irony and taste of the lower ranking soldiers who were locked-up for following ordered and condoned actions at Abu Ghraib prison. Unlike some of their suit wearing superiors, soldiers risking their lives in a military uniform to "be all that you can be" didn't include tortuous treatment of others. Where is their fair share of justice?

Dennis Moore, Publisher
www.POTUSWorld.com

ppceo@POTUSWorld.com

Posted: Thursday, April 23, 2009

Sustaining An Injustice Validates Those Who're Truly Responsible

POTUS World CEO

Straight to the basic point, President Obama's decision to not prosecute any Central Intelligence Agency employees was the right call, albeit an intricately tough one. Remember, because the buck stops at the top, ultimately it is the officials who authorized, prescribed or tacitly sanctioned the acts who are actually responsible.

Even the most senior CIA officer acts as a subordinate to the dictates of the President and his closest senior officials. When directives, guidance and indirect approvals flow from the office of a Commander-In-Chief, they are tantamount to an official order. That's the reality of Oval Office politics, covert policies, and the politricks of plausible deniability in previous administrations.

This is definitely not a case of excusing agents and soldiers because they were only following orders. Beyond the whipped-up populous hysteria for vengeance by any means necessary just after September 11th, let's acknowledge that Congress allowed wink-and-nod torture to become unofficial state policy before Bush was re-elected in 2004. Relatively speaking, there were only a few among us who spoke out about the slippery slope we were sliding down until the torture photos and reports appeared.

Whether you factor the details of U.S. and international law, or closely inspect the nuance within Obama's anti-torture policy pronouncements, any non-partisan legal expert can tell you the President left more than a little prosecutorial wiggle room to go after the architects within the Bush Administration. Attorney General Eric Holder and key Congressional officials never said there absolutely would not be ongoing investigations, hearings and potential prosecutions of anyone. Holder affirmed, “No one is above the law” during his Senate confirmation.

Moreover, the President never said he would block investigations or impede prosecutions brought by other nations to an international court. There is still a prosecutorial nexus developing beyond the justified public push-back from diverse Americans and their Congressional representatives. Officials within President George W. Bush's inner circle, directly engaged in Constitutional corruption and related illegalities, should not exhale sighs of relief.

You can bet the rain in Spain, or in other U.S.-friendly countries, won't delay efforts to litigate on behalf of alleged torture victims. Imagine the foreign policy fallout when an individual or class action lawsuit is brought before a U.S. or international court. Clearly, it would be in the best interest of America's international integrity and growing political capital to not be perceived as any form of barrier to genuine justice. Our values and expressed respect for the rule of law cannot afford to take another hit in the arena of global public opinion. U.S. foreign policy is crippled when it is inconsistent with our democratic principles.

Also, there is the possibility of nearly billions of dollars in settlements to successful litigants, beyond litigation costs. If President Obama has fully factored the numbers and options, the logical conclusion is that justice denied is equal to justice that's financially and politically expensive. Moving forward, as the Obama Administration has recently emphasized, should also include doing the right thing with an official apology and reasonable monetary settlements to the the truly innocent victims of our actions.

No doubt, there are actual victims and victimizers. As long as he accepts the existence of both, and completely understands the difference between the two, President Obama has a greater chance of healing all of America from its self-inflicted nightmare. Only then will moving forward have far less of a drag on our collective moral and political recovery than prolonging a policy of judicial denial.

Change we can truly believe in also means not sustaining injustices and lies, while validating those ultimately responsible for them.

Dennis Moore, Publisher
www.POTUSWorld.com

ppceo@POTUSWorld.com

Posted: Thursday, April 23, 2009

Fire power

driad

President Obama and his administration have the fire power. The question is whether they have the political courage to tackle & take on this engrained power structure. Is Obama bold enough to make Bush, Cheney, Condi and other conspirators pay for their sins. I'd like to see them all charged as war criminals. I'm especially pissed off at Condi Rice, she has betrayed us all, she should have known better.

Posted: Thursday, April 23, 2009

I agree with ch55x...

CarolinaGirl

Do you honestly think there is any evidence left that links Bush and Cheney, et. al. to this other than what we already know??? I mean come on. They aren't that stupid (well maybe Bush but Cheney made sure to clean up after him). Remember when the White House emails mysteriously got deleted??? You have got to know the paper shredders were going overtime once the Republicans lost the election. I'm not saying that it wasn't a travesty (I'm so not for torture because A) it's just plain wrong and B) the results aren't reliable). I just don't see that Obama and his administration have the fire power to go into court and have a Perry Mason moment of "GOTCHA" you forgot this piece of paper here with your signature (Mr. Bush/Cheney/Rumsfeld) ordering the direct waterboarding of Mr. XYZ. We know that's what they did...but can we prove it in court. Like Dave said, the only people who would end up doing time are the low guys on the totem pole. Bush, Cheney, Rummy...etc....wouldn't even spend a day in court (they'd send their team of layers to quash all the motions from the get go) let alone jail time. And ultimately that's what we want right??? The guilty to do major TIME.

Posted: Thursday, April 23, 2009

Lets be real! Bush, Cheney

driad

Lets be real!
Bush, Cheney and the culprits who authorized torture ain't gonna be held accountable much less go to jail. The system will not allow this and the Obama administration isn't bold enough to challenge the Republicans on this. And I have this deep fantasy of Condi Rice in an orange suit doing a perp walk.

Posted: Thursday, April 23, 2009

We're Torturing Ourselves

Five reasons why the president doesn’t want torture prosecutions.

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We're Torturing Ourselves

Five reasons why the president doesn’t want torture prosecutions.

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