Now it is confirmed that the Bush Administration was having people tortured well before they told their lawyers to justify torturing people.
The Obama Administration's view that those who tortured based on the the legal memos are not going to be prosecuted. That begs the question of whether those who tortured before the memos were written can be prosecuted.
What has bothered me, besides the blatant violations of both US and international law by the Bush Administration, is the fact that the theoretical underpinning of the entire torture program was faulty. The torture techniques were reverse-engineered from the SERE (survival, evasion, resistance, escape) program, which was first developed by the Air Force following the Korean War. The SERE program was designed to train Air Force aircrew to resist the forms of interrogation used by the Chinese during the Korean War.
When the Chinese tortured American prisoners during the Korean War, their goal was not to gain useful intelligence. The Chinese wanted the prisoners to confess, on camera, to war crimes. The Chinese tortured the prisoners for propaganda purposes. The Chinese wanted to extract false confessions, knowing that under torture, people will say anything it takes to get the torture to stop.
One did not have to be a Ph.D. level historian to understand that torture produces false confessions. The Romans knew that. The Holy Roman Inquisition knew that, though they had the same level of concern for the truth that the Chinese did (and, apparently, still do).
The Bush Administration's willful blindness about both the illegality of torture and the unreliability of torture should be prosecuted. It will be prosecuted.
Two more thoughts: Dick Cheney is going public to argue that torture was a good thing. At this point, he is arguing less for history and more to save his own neck. Cheney knows that not every one of those lawyers involved in the torture memos will go quietly. At least one of them will lay the blame at Cheney's door.
Second: The Bush Administration has been out of power for three months and the discussion has moved from whether war crimes were committed and whether investigations and trials should be conducted to now who should be investigated and tried. Consider how quickly other nations have moved to clean up after their own war criminals. In most cases, it takes from at least a decade (Argentina, Chile, Peru) to, in the case of Japan, never, for a nation to come to grips with the criminal acts committed by its government.
We're getting there in a fraction of a year. I submit that is something we should take some pride in.
Wednesday, April 22, 2009
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4 comments:
The drums are pounding and I think before long Obama will have to capitulate and allow for investigations.
Understand your point on pride but as this is not the new government bringing judgment but the citizens bringing pressure on that government, I'm not sure I will ever be able to use the term pride about this period of our history.
Ruckus, I think it is likely that the Obama Administration is obtaining the result they desire: Political cover under which to go ahead with the investigations and prosecutions. This dovetails nicely with the line of "our lawyers said that we could not win a challenge to withholding the torture memos."
EB
I think you may be right. Thought about this last night that maybe Obama is building up the political cover by slowly releasing info and backing away from the no prosecutions line. At some point he can either allow the AG off the leash (which he may have already done) or even call for a special prosecutor. He'll have the backing of the majority of the people and make the repubs look even sillier.
One can hope.
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