June 19, 2009
On torture-23: So now what?
(For previous posts on torture, see here.)
None of the architects of the Bush/Cheney torture administration has been called to account, at least so far, for their actions. Of the authors of the infamous memos from the Office of Legal Counsel authorizing torture, one is now a professor of law at the University of California, Berkeley (John Yoo) while the other is now an Appeals Court judge (Jay Bybee).
Of the others who were deeply involved in approving these policies (Bush, Cheney, Condoleeza Rice, Alberto Gonzalez, John Ashcroft, David Addington), none appear to be under any threat of even investigation in the US, let along prosecution for their actions. This means that other countries may feel obliged to take action since torture is a crime against humanity that is not protected by national boundaries. Spain has taken an interest in possible prosecutions against six people (John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes, and Douglas Feith) and if, as I hope, they carry it through, then any of them could be arrested and extradited to Spain is they set foot in any of the 24 countries that are parties to European extradition conventions.
But in the US such concerns about law and justice are viewed as quaint and casually dismissed, with the so-called 'war on terror' being used as a 'get out of jail free' card to excuse each and every atrocity. The rot is deep with Supreme Court Justice Antonin Scalia minimizing the evil of torture by trivializing it saying, "I suppose it's the same thing about so-called torture. Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution?"
Even the children of suspects are being used as part of the torture techniques. The number of deaths of detainees while undergoing 'questioning' in US custody is another underreported scandal. Glenn Greenwald tells the stories of some of them.
Because of their deep involvement in torture, the US is now categorized by other countries as one that practices torture, although many are reluctant to say so publicly. A manual on torture awareness put out by the Canadian government and given to its diplomats was accidentally released to the press. It puts US as one of the countries on a torture watch list. Other countries on the list include Afghanistan, China, Iran, Israel, Mexico, Saudi Arabia and Syria.
Despite his campaign promises to bring back a respect for the rule of law, what is becoming clear is that Obama is weaseling out of his own obligation to uphold the law and has no intention of taking any action against those who instituted torture practices. So he too becomes complicit in the torture policies of the Bush/Cheney regime. Mark Danner says that there is bipartisan complicity in torture, with the Democrats quaking at fears that by opposing torture, they would be seen as coddling terrorists:
Republicans from Dick Cheney on down have been unflagging in their arguments that these "enhanced interrogation techniques . . . were absolutely crucial" to preventing "a major-casualty attack." This argument, still strongly supported by a great many Americans, is deeply pernicious, for it holds that it is impossible to protect the country without breaking the law. It says that the professed principles of the United States, if genuinely adhered to, doom the country to defeat. It reduces our ideals and laws to a national decoration, to be discarded at the first sign of danger.
This is why torture is at its heart a political scandal and why its resolution lies in destroying the thing done, not the people who did it. It is this idea of torture that must be destroyed: torture as a badge worn proudly to prove oneself willing to 'do anything" to protect the country.
The only way to gain the moral high ground is to abide by the rule of law and prosecute those who break it, especially in the case of vicious and unconscionable crimes like torture. Glenn Greenwald argues why we should not make excuses for torture and points out that in Britain, pressure is building on the government to investigate and take action on the allegations of torture.
That's because torture is illegal in Britain, as it is in the United States. But unlike the United States: Britain hasn't completely abandoned the idea that even political officials must be accountable when they commit crimes; their political discourse isn't dominated and infected by the subservient government-defending likes of David Ignatius, Ruth Marcus, David Broder and Stuart Taylor demanding that government officials be free to commit even serious war crimes with total impunity; and they don't have "opposition leaders" who are so afraid of their own shadows and/or so supportive of torture that they remain mute in the face of such allegations. To the contrary, demands for criminal investigations into these episodes of torture (including demands for war crimes investigations from conservatives) span the political spectrum in Britain.
Ray McGovern suggests that pressure may be slowly building here on Obama to have some accountability.
We can only hope. At the very least, we can start, as Phillipe Sands recommends, by releasing all the torture documents, including videos. Secrecy inevitably leads to abuses.
POST SCRIPT: The Ventures
Was there anyone in my generation who did not dream of wanting to play like The Ventures, with their pure, clean guitar sound and the driving, pulsating drums? Bob Bogle, one of the founders, died two days ago.
Here they are in their early days with Wipe Out:
And later they shed the clean-cut look but kept the same music with Tequila:
People probably are most familiar with the theme from the TV series Hawaii Five-O: