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Overlords of US Torture Must Be Punished
The exposure of President Obama's order to release documents about violent interrogations could have a knock-on in Britain
The US Ninth Circuit Court of Appeals Judge Jay S Bybee presides with apparent comfortable authority over his high jurisdiction. The Ninth Circuit is the largest. The great cases of the West Coast states are argued out before him. His record as a lawyer is notable. He has to his name a distinguished volume on the Eighth Amendment: we can assume that seared in his mind are its words: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people".
Given numerical, historical and rhetorical proximity of the Ninth to the Eighth Amendment - "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" - one can be reasonably sure that this leading US judicial authority is an assiduous enforcer of the rights of the individual against the federal government; that he will ensure that torture or other inhuman or degrading treatment is not meted out against persons in custody; and that the government is brought to account whenever those great constitutional rights are under attack.
Or is there a huge "maybe" against Judge Bybee? If so, does it have transatlantic implications in the heart of Britain? In an extraordinary event of the past week, President Barack Obama, himself a distinguished American jurist, with a profound understanding of what he may now regard as his own Constitution, has exposed Bybee's complicity in a terrifying case of double standards.
It took real Presidential courage, and public disclosure of a kind almost unimaginable in the traditionally cautious thinking of British governments of all colours, to release to documents detailing decisions about the unusual treatment of al-Qa'ida suspects. It is likely to lead to a change of heart by the US government about the disclosure to our own courts of documents concerning cases like that of Binyam Mohamed. The newly released documents are now available online. Included is one dated 1 August 2002. It is long and detailed. Eighteen full pages closely typed and single-spaced. It is signed in the manuscript of Jay S Bybee, as the holder of the powerful and influential position of US Assistant Attorney General. It is addressed to another lawyer, John Rizzo, of the CIA.
One can almost imagine the fictional agent Jack Bauer, waterboard in hand, palpitating Abu Zubaydah before him, as he read it. The opinion discusses 10 techniques of "certain proposed conduct". The list is chilling: (1) attention grasp, (2) walling, (3) facial hold, (4) facial slap (insult slap), (5) cramped confinement, (6) wall standing, (7) stress positions, (8) sleep deprivation, (9) insects placed with the subject in a confinement box, and (10) the waterboard. All are sanitised descriptions of something very unpleasant indeed.
Bybee's conclusion is that the use of those techniques, either separately or in combination, would not violate US law, because, as he put it, "no evidence exists that this course of conduct produces any prolonged mental harm". Had Mr (as he then was) Bybee made that submission in the Queen's Bench Division in London, he would have been given the shortest shrift, as befits the intellectually indefensible.
President Obama has been criticised by some, including the respected American Civil Liberties Union, for discouraging prosecution of US agents who followed Bybee's now notorious opinion. Put crudely, those who may have administered what we would regard as torture will get away with it. They were merely obeying orders, so may be excused.
This is not only an unattractive proposition but one with which I do not agree, at least when considering those who may have been involved at a senior level. The revelations made on Presidential orders seem to me a refreshing change of approach, telling the world that the slate is being cleaned of executive acts of a kind that will not appear again.
The much derided notion of ethics in the governmental process rears its head from time to time, usually to be dashed by scandal or convenience. Pragmatic incrementalism is all too easy, the disease afflicting all governments when they feel compelled by the exigencies of the day to compromise on principle. President Obama has made a balanced choice, weighing proportionality in favour of confessing America's wrongs to the world as a promise, given in earnest, of better things to come, but letting off the hook those who were the instrumentalists of the unacceptable.
However, that is not the end of the matter. What about the conductors - the Jay S Bybees and others who may have been the conductors of the discordant and wailing orchestra of inhuman and degrading interrogation? And what if there were any orchestrators from Britain or other allied countries? The Attorney General, Baroness Scotland, announced the beginning of a police inquiry into the Binyam Mohamed case and possibly others. What, if anything, results will depend on evidence and, even if there is evidence, formidable considerations of public interest will arise.
Perhaps President Obama has set an acceptable starting standard - of opening the issue to judgment in the court of public opinion, with a view to a future in which we accept that civilised behaviour is worth a thousand forced confessions.
Yet that cannot be an end of the matter. If, there or here, evidence points to high level, unpalatable, unethical and possibly criminal advice, the conductors should be called to public account. Promotion to judicial office is not an acceptable option in those circumstances.
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22 Comments so far
Show AllIf there are no prosecutions of the Bush Six and Bush et.al. then Obama will have slyly accomplished the policy an Israeli Commander succintly and unashamedly stated. The Israeli Commanders statement being -------
Commit War Crimes that go unpunished so as to create a new precedent and
standard as to what is a considered a War Crime.
Obama is creating a precedent for government immunity and War Crimes immunity.
My best reasoning tells me Obama squashed the Spanish prosecution of the Bush Six during his two personal meetings with the Spanish PM.
I love the British style.
Just as the revocation of Financial Regulations imposed to prevent a reoccurance of the the Great Depression resulted in todays financial collapse, a de facto revocation of International War Crimes Laws through lack of prosecution will allow a resurrection of a Nazi like regime.
In case anyone here doesn't know what 'walling' is, it was described in the documentary Ghosts of Abu Ghraib. A detainee was put on a medical stretcher, had another stretcher placed on top of him, and they were bound together and twisted ever tighter...I suppose someone could be crushed to death or suffocated by this. The soldiers also said it was routine in the early days of Abu Ghraib.
If the best that comes out of this in the case Jay Bybee is that his current judgeship is the highest he will ever reach, that is small consolation. By his very posting, his name would have come up as a candidate for a US Supreme Court opening in the next Republican administration. With the public now being able to read his shoddy legal work on the Torture Memos (that title has a "Banality of Evil" ring to it), an impeachment proceeding in the US Senate should occur. At the minimum, it appears as if the 9th Circuit will be his highest stop of his legal career.
One reason I can see to prosecute CIA officers is to discover how they may have influenced policy. For instance, Could the CIA officers have feed torture gotten information to influence support for torture as a technique to gather intelligence.
Indeed, it does not excuse the top level decision makers of allowing torture techniques based only on CIA officer reports.
Similar practice was discovered during Vietnam war , when generals and their subordinates feed kill counts to push for sustained support from policy makers to send troops and war heads to Vietnam.
toophat for you!
Unless you believe in an ultimate reckoning for all human beings, this pack of shyster, mouthpiece gangsters with law degrees will go forever scot free.
The CIA agents knew that torture is illegal, inhuman and only practiced by subhuman shitbags. No moronic justifications concocted by slimy Justice Department appointee shysters changes that, and they knew it.
If they tortured people, they need to be made examples of, or the next administration will have their equally scumbag lawyers write equally moronic justifications of even more horrific actions.
"The only means of strengthening one's intellect is to make up one's mind about nothing, to let the mind be a thoroughfare for all thoughts." - John Keats
Mujeriego
I like your quote from Keats. While paying for my Sunday papers a little while ago at the grocery store in the next town over [which is in a rural area], I was discussing with the cashier about the failure of the Obama administration to go after the Bush people regarding their torture policies. A middle aged woman behind me said that she hoped that the U.S. should rip out the fingernails of those people whom the United States is seeking information. I tried to explain to her that not only should torture not be sanctioned by an [alleged] democratic country like the U.S. but that torture itself does not work as the prisoner will inevitably give his interrogator useless information. This had absolutely no effect upon the woman who quietly insisted that I was entitled to my opinion [I was glad to hear that the 1st Amendment was still in full vigor] but that the U.S. must do everything it could against the terrorists [even though the majority of the people who have been tortured have not been found to have been terrorists]. But when she kept plowing ahead I realized that it was useless to attempt to discuss this with someone who in all likelihood obtains her news from Fox "News".
One must wonder how this woman will feel when the truth of 9/11 is revealed. Even to this day, many Americans believe Iraq had WMD. Such is the nature of the propagandized American mind. The first thing it hears will sit in there as truth until the lobotomy.
Alas! milord, "must" is too bold a word here Across the Water.
Here, our craven politicians are denied the luxury of even holding principles, much less governing in accordance with high principle.
Quite the opposite, I fear: whether knowing and intentional departures from the rule of law are rationalized as necessary for state security, as with the previous arguably criminal maladministration; or, as presently, when legal duties and obligations are devalued, discredited and discounted in favor of the be-all and end-all of doing "what works"-- the only concepts even approaching "principle" in US government are the mundane and treacherous rules of machiavellian pragmatism.
Simply put: the technocratic zeitgeist has promoted and rendered acceptable the appalling dogma that political leaders must of necessity reduce EVERY question to a naked political calculus.
Too many citizens have, perhaps unconsciously, fallen into line with this precept by aping and internalizing a sort of "pop(ular) 'inside politics'". And, at least in Amerika, the corporate media celebrity pundits, aka infotainwhores, hew to a superficial and "knowing" perception and interpretation of events which functions as a catechism of Received Opinion for the the layman, the citizen, the Common Man to adopt, and echo or garble according to each's wits and sensibilities.
I recommend the distinguished social and political analyst and critic Professor Noam Chomsky's writings on "Manufacturing Consent", a lucid and profound analysis of the process by which political powers and principalities and highly corporatized mass media outlets shape and manipulate public opinion.
These teevee and web touts, shills, and professional handicappers legitimize and validate the status quo, and blow the Establishment's propaganda memes out as a child blows a dandelion's seeds into the breeze-- except increased a millionfold.
(I read a report today that über-pragmatist Rahm Emanuel stated that the Obama administration is disinclined to pursue ANY prosecution of officials involved in devising or committing torture-- a substantially broadened, if not universal, issuance of the "Get Out of Jail Free" cards deftly handed out by Obama in conjunction with releasing classified memos detailing the heinous and atrocious acts for which blanket amnesty and immunity was summarily granted.)
Despite all of the hype and positive spin justifying the elevation of expediency over principle, the administration's failure or refusal to honestly face up to the admittedly grievous mega-scandal of metastasized government malfeasance makes it equally culpable and an accessory to heinous crimes.
Unfortunately, it's quite true that Mr. Obama inherited a mess. But having volunteered enthusiastically for the job, he must accept that fact that either openly or tacitly continuing and supporting the outrages of the previous maladministration makes him complicit in them.
· Yr Obd't Servant
Steven Bybee is on the 9th circuit and in a very important position right under the Supreme Court and he should be impeached.
Also why is Steven Cambone not one of the Bush 6? He was directly under Rumsfeld and he ordered enhanced torture in Iraq.
Also why is General Geoffrey Miller not mentioned-- he brought the Guantanamo techniques to Abu Ghrab and now he is just quietly retired on a generals retirement benefit.
These are the bigger apples who should be accountable not for carrying out the orders but for ordering them in the first place.
also that Yoo the law professor at U of California advised Bush wrongly that one could do torture as long as it did not do organ damage--- U of California should be ashamed of having him hired as a professor. Every time I see him on a panel-- I could just about throw up.
Our "Dear Leader," Mr. Obama already has all the "Enabling Acts" he needs. He is using them well to enrich his wealthy friends on Wall Street, and in the MIC.
He has thrown a morsel to his supporters who put him into office. He only did this so that the anger and dismay of his policy right turn will not over turn his imperial rule.
Nothing will come of any release of documents. He has said so already-no investigation, no prosecutions of war criminals.
Lord Carlyle misses a few points. First, Obama didn't courageously decide to release the memos, he was forced to do so by an ACLU FOI lawsuit. Second, his legal acumen is much overstated; the UN Torture Convention contains a clear, unmistakable, affirmative duty to prosecute any and all torturers. Third, the earnestness of his promise is in doubt in view of multiple disclosures of increased detainee abuse at Guantanamo and continued denial of basic rights at Bagram on his watch.
Obama did only what he was forced to do, just enough to say he was doing something, but far short of what ethics and the law require of him.
Can we pay one half of the legal class to prosecute the other?
Yesterday, Sunday April 20 the White House by the mouth of Rahm Emanuel who speaks for the president announced that the writers of the torture memos will not be prosecuted. Ergo Obama will not uphold and defend the law of the land which obliges him to investigate and, if necessary prosecute. This is Bush III. If he swore a false oath at inauguration he must be impeached.
Typical for this cowardly bunch to announce this on a Sunday when most Americans are distracted from politics by prayer.
Obama averred that he was going to change the climate in Washington. No change at all!
Cicero: "Freedom is participation in power."
I have a section in my news archives labeled Bush-Cheney Police State Fascism and I have, this morning, created another labeled Obama Police State Fascism.
http://www.boston.com/news/nation/washington/articles/2009/04/20/us_memo_cites_frequent_waterboarding_of_2_suspects?mode=PF
President Oboreo "has repeatedly suggested that he opposes congressional proposals for a 'truth commission' to examine Bush administration counterterrorism programs, including interrogation and warrantless eavesdropping."
Such a commission would be marginally better than nothing but would grant immunity to people who deserve none.
But the cork in Oboreo's asshole is Rahm Emmanuel, who has conclusively proved he is just a David Addington copycat: A sneering punk enforcer of the administration's worst tendencies, a denier of the need for legal accountability for the ruling elite, and proof positive that all of Oboreo's rhetoric about "listening to other viewpoints" is hog excrement:
Re: Team Bush officials who ordered the torture and wrote the memos:
"Emanuel said the president believes they 'should not be prosecuted either and that's not the place that we go.'"
I'd have to be Groucho Marx to begin to tell Emmanuel Rahm where to go.
Cicero: "Freedom is participation in power."
For some inexplicable reason CD is cutting off the end of the news link I was trying to post to show from whence I was obtaining my quotes.
The piece is by Scott Shane of the New York Times dated April 20, 2009 and is titled:
US memo cites frequent waterboarding of 2 suspects
Surfaces after US renounced use of method
The tragedy of the war crimes, is that it reveals how little men have progressed, as we still exhibit the characteristics of the feudal system of vicious over-lords and serfs. In contrast with the lack of progress of the human, is the leaps and bounds of progress made by technology. We can now have skilled medical practitioners intensify and prolong suffering which would have mercifully ended life in earlier generations.
Many Americans and many of the worlds populations would like to believe that as a whole society has made progress, and that those "villains" who revert to a brute, evil interaction with others, must and can be contained through proper administration of the law. Justice, tempered with mercy. I would have no problem with shortening sentences, or pardons, if justice was served by trial, by conviction, and by publically acknowledging the crimes committed. Once this has been done, we can begin to rebuild a society on a stronger foundation looking forward rather than backward.
Maybe President Obama and his crew think it is inappropriate to prosecute members of the GOD party for doing ungodly actions. Or are they concerned that many robots in the guilty party are also members of the GUN association and could get nasty? There is something not right going on in this matter.
Lets remember to punish all the freaks that run community watch gang stalking 24/7 surveillance torture.
Thousands of Americans report gang stalking to the DOJ every year, and the complaints are ignored.
WHY????
Who runs these stazi torture programs and funds them with money??????
There is a storm coming, and the truth will set us constitutional FREE.