that mistake again…

Posted on Saturday 18 April 2009

Of the Torture Memos, President Obama said:
this is a time for reflection, not retribution…
Those are wise words, well spoken. Were I he, and in his position, I might have said the same thing. But I’m not Obama, nor in his position. I agree that this is not a time for retribution, in spite of my emotional reaction. I think that the Bush Administration’s motive for the Torture of Abu Zubaydah and others was retribution. Lord knows, after 9/11, I felt a kind of vengefulness I’d never felt before, but torturing prisoners was not the right thing to do, no matter what the circumstances. At times like this, I always think of the same thing – Karl Rove’s speech to the New York Conservatives in 2005:
But perhaps the most important difference between conservatives and liberals can be found in the area of national security. Conservatives saw the savagery of 9/11 and the attacks and prepared for war; liberals saw the savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy and understanding for our attackers. In the wake of 9/11, conservatives believed it was time to unleash the might and power of the United States military against the Taliban; in the wake of 9/11, liberals believed it was time to… submit a petition. I am not joking. Submitting a petition is precisely what Moveon.org did. It was a petition imploring the powers that be” to “use moderation and restraint in responding to the… terrorist attacks against the United States.” I don’t know about you, but moderation and restraint is not what I felt as I watched the Twin Towers crumble to the earth; a side of the Pentagon destroyed; and almost 3,000 of our fellow citizens perish in flames and rubble. Moderation and restraint is not what I felt – and moderation and restraint is not what was called for. It was a moment to summon our national will – and to brandish steel.
Looking back, "a petition imploring the powers that be to use moderation and restraint in responding to the… terrorist attacks against the United States" was the best advice we could have ever received. And it’s still good advice. And we should use moderation and restraint in responding to Gonzales, Addington, Yoo, Bybee, Haynes, etc. But that doesn’t mean doing nothing, just like it didn’t mean doing nothing in 2001. To me it means two things:
  1. All of this Torture business was done in secret. The only oversight was hack DoJ lawyers who wrote these obscene Memos justifying unjustifiable atrocities. In my mind, they betrayed their profession and our country. It is a matter for the courts and that’s where it should be sent forthwith. Professional censure at the least, criminal prosecution if possible. In the end, the Law is our way of saying what is unacceptable. What they did was unacceptable.
  2. All of this insanity during the last eight years – Imperial presidency, torture, invading Iraq, Domestic Surveillance, Outing a C.I.A. Agent, lying about Intelligence, etc. was manipulating our system rather than representing it. They cannot be impeached – the time has passed. I think that Leahy’s idea of a Truth Commission is the best. To use Obama’s words, we cannot "reflect" until we know what happened. We need to know it all – all of us. Then we can reflect.
Somewhere between a public lynching and doing nothing lies a sober, national reflection that confronts Americans with the error of allowing inadequate, unprincipled leaders free rein with our country. We got over Nixon way too fast. We don’t need to make that mistake again…
New York Times
April 18, 2009

To read the four newly released memos on prisoner interrogation written by George W. Bush’s Justice Department is to take a journey into depravity. Their language is the precise bureaucratese favored by dungeon masters throughout history. They detail how to fashion a collar for slamming a prisoner against a wall, exactly how many days he can be kept without sleep (11), and what, specifically, he should be told before being locked in a box with an insect — all to stop just short of having a jury decide that these acts violate the laws against torture and abusive treatment of prisoners.

In one of the more nauseating passages, Jay Bybee, then an assistant attorney general and now a federal judge, wrote admiringly about a contraption for waterboarding that would lurch a prisoner upright if he stopped breathing while water was poured over his face. He praised the Central Intelligence Agency for having doctors ready to perform an emergency tracheotomy if necessary. These memos are not an honest attempt to set the legal limits on interrogations, which was the authors’ statutory obligation. They were written to provide legal immunity for acts that are clearly illegal, immoral and a violation of this country’s most basic values…

But this cannot be the end of the scrutiny for these and other decisions by the Bush administration. Until Americans and their leaders fully understand the rules the Bush administration concocted to justify such abuses — and who set the rules and who approved them — there is no hope of fixing a profoundly broken system of justice and ensuring that that these acts are never repeated.

The abuses and the dangers do not end with the torture memos. Americans still know far too little about President Bush’s decision to illegally eavesdrop on Americans — a program that has since been given legal cover by the Congress…

That investigation should start with the lawyers who wrote these sickening memos, including John Yoo, who now teaches law in California; Steven Bradbury, who was job-hunting when we last heard; and Mr. Bybee, who holds the lifetime seat on the federal appeals court that Mr. Bush rewarded him with.

These memos make it clear that Mr. Bybee is unfit for a job that requires legal judgment and a respect for the Constitution. Congress should impeach him. And if the administration will not conduct a thorough investigation of these issues, then Congress has a constitutional duty to hold the executive branch accountable. If that means putting Donald Rumsfeld and Alberto Gonzales on the stand, even Dick Cheney, we are sure Americans can handle it. After eight years without transparency or accountability, Mr. Obama promised the American people both. His decision to release these memos was another sign of his commitment to transparency. We are waiting to see an equal commitment to accountability.
  1.  
    April 19, 2009 | 4:19 AM
     

    We got over Nixon way too fast. We don’t need to make that mistake again…”

    That belongs alongside Chris Dodd’s: “We shouldn’t turn the page until we have read the page.”

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