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According to the New York Times, an internal investigation by the Justice Department's Office of Professional Responsibility found that Bush Administration lawyers in the DOJ should not be prosecuted for developing legal theories that enabled torture practices. The Times' article characterized the DOJ report as finding that the lawyers "committed serious lapses of judgment but should not be criminally prosecuted." (The previous is quoting the Times article, not the DOJ report itself.) This is very disappointing but not surprising. It would have been a shock for the Department of Justice to advocate prosecuting those that served in its own department.
Supposedly, the findings of the report are not final until Attorney General Holder signs off on them. It seems highly unlikely that Holder will unilaterally oppose the findings. However, one can only hope that Holder, who acknowledged that waterboarding is torture in his confirmation hearings, will decide to prosecute those who enabled that very crime (see video of Holder testifying about waterboarding below).
The most high profile targets of the DOJ report were John Yoo, Jay Bybee, and Steven Bradbury, who served in the DOJ's Office of Legal Council and wrote secret memorandums that rationalized torture techniques such as waterboarding, wall-slamming, head slapping, sleep deprivation, prolonged stress positions, the deliberate placement of insects in cramped confinement cells, and more. I've heard the Office of Legal Council described as the "Supreme Court" for the executive branch; basically, they have the final say regarding the legality of policy positions.
This abusive legal maneuvering has resulted in untold harm to America's reputation and security. It has put our troops in incredible danger and helped to fuel insurgencies in Iraq and Afghanistan, not to mention the recruitment of anti-American jihadists all over the Middle East. These people deserve prosecution, period. It is especially disturbing to know that Jay Bybee currently serves on the Ninth Circuit Court of Appeals, which is only one step below the Supreme Court. Yes, a proponent of torture currently decides the fate of American law for indefinite spans of time. Is this really America?
According the Times article, the DOJ report is likely to advocate that state bar associations take disciplinary action, including possible disbarment. Such action is long overdue and even disbarment, which is certainly deserved, would only be a slap on the wrist for war crimes (but a good first step nonetheless.)
If Holder and the DOJ can't summon the courage to take on their legal and moral obligations, there is some small hope knowing that a Spanish court will pursue criminal charges against Bush officials for sanctioning torture in Guantanamo Bay. Their targets include Yoo, Bybee, former Bush lawyer and Attorney General Alberto Gonzales, former Cheney lawyer David Addington, and others. If nothing else, this puts pressure on American officials to deal with their own mess. Currently, all investigations point to attorneys, as they rightfully should. They should certainly not stop there, however. It is maddening to think that principals in the executive branch like Bush, Cheney, Rumsfeld, and Rice should escape investigation. To exclude them for following discredited "legal" guidelines for "enhanced interrogation techniques" is akin to excusing a murderer for relying on legal advice that purports some instances of unprovoked, premeditated killing can be legal forms of "diminished lifespan interventions." It is truly tortuous logic.
Thus far, only the low level grunts who carried out Administration policies have been subjected to criminal investigations. It is time to move well up the chain of command. This latest report is simply more bad news on that front. Given the expected lack of political courage in the Obama administration (see video below), it is up to the public to push for accountability.
1 comments:
I firmly believe that, it is our responsibility, as citizens of the United States to state, in a public way, our outrage over what has gone to pass. Is that not how our country was built, changed and changed again? Clearly, we let the Bush Administration run rough shod over our ideals and our freedom because we were afraid. Even Cheney's rebuttal, that we are now less safe because we have ended the practice of torture and shared formerly secret documents speaks to this.
If we write our congress people and senators and tell them we want a formal and independent inquiry into the Bush Administration's policies at least we will have each done our part in trying to bring about the change. We need to send a message that what goes on behind closed doors, whether you are the President or one of the President's men must be answered for in public.
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