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The Case for Disbarment of Lawyers Who Facilitated Torture Grows
Lawyers were the lynchpin if they had given real legal advice: torture is illegal under domestic and international law; there would have been no torture program.
Since filing complaints against 12 Bush-Cheney lawyers the case for disbarment has gotten stronger. More information is leaking out. And, more and more Americans from citizens to generals to a former president are speaking out. On June 10th, a coalition of hundreds of organizations filled an addendum to the complaints against these lawyers to highlight the new information.
The addendum included statements by two generals with first hand knowledge of what occurred in U.S. detention centers in Iraq and Afghanistan. General David Patraeus said on May 29th that the U.S. violated the Geneva Conventions in carrying out “enhanced interrogations.” On FOX TV, in response to a question about the controversial interrogation practices, Patraeus said:
“When we have taken steps that have violated the Geneva Conventions we rightly have been criticized, so as we move forward I think it's important to again live our values, to live the agreements that we have made in the international justice arena and to practice those.”
Patraeus even said that in the so-called “ticking time bomb” scenario torture techniques were not needed -- “the techniques that are in the Army Field Manual” were sufficient. The Army Field Manual goes further than banning torture; it specifically requires humane treatment of prisoners and detainees.
Patraeus went on to say that he believed that banning the more extreme techniques had taken away “a tool” employed by “our enemies” as a moral argument against the United States. He said Guantanamo Bay inflamed U.S. hostility and he supported its closure, commenting, “Gitmo has caused us problems, there’s no question about it . . . the existence of Gitmo has been used by the enemy against us.”
General Ricardo Sanchez, who was the top commander in Iraq when the Abu Ghraib prison abuse scandal became publis, also expressed concern with the torture and abuse of prisoners. On May 31st he described torture as a “war crime” and called for a truth commission to investigate abusive interrogation practices. Sanchez blamed prisoner abuse on the civilian and military command at all levels, concluding "and that is why I support the formation of a truth commission."
Sanchez also disagreed with Dick Cheney's claim that torture helped stop terrorist attacks: "During my time in Iraq there was not one instance of actionable intelligence that came out of these interrogation techniques." Sanchez expressed concern that the U.S. will repeat these errors, telling the Huffington Post, "If we do not find out what happened then we are doomed to repeat it."
The two generals are joined by a former president. Jimmy Carter expressed disappointment that Obama failed to release the torture and abuse photos and urged an investigation as well as potential prosecution of those who committed war crimes. Carter said:
. . . what I would like to see is a complete examination of what did happen, the identification of any perpetrators of crimes against our own laws or against international law and then after all that’s done, decide whether or not there should be any prosecutions.
In addition to two generals and one former president speaking out the public is getting angry about the lack of torture accountability. When we filed our complaints on May 16th thousands of concerned citizens and scores of organizations signed on and many more have added their names since they were filed. On June 25th there will be torture accountability events held in many parts of the country. See http://tortureaccountability.
And, National Public Radio’s All Things Considered reported that Alberto Gonzalez approved torture well before the Department of Justice memoranda when he served as White House counsel. The torture involved Abu Zubaydah who was arrested on March 28, 2002. The Justice Department issued its first memorandum on torture four months later on August 1. An FBI interrogator testified before Congress that they requested permission to use harsher and harsher interrogation methods. The CIA told NPR that there was legal guidance provided before August 1 but would not say what it was, when it was given or by whom. A source told NPR that Gonzalez signed off on the harsh interrogation techniques on a daily basis. The NPR report concludes with a former government official describing the DOJ memoranda process as a complete charade. One of the documents we filed as an addendum to the bar complaints was a series of Department of Justice emails from Deputy Attorney General James Comey stating that Alberto Gonzalez was “weak” by succumbing to White House political pressure to approve torture, and warning Gonzales that the approval would come back to haunt him and the DOJ. In fact, when these emails are read it is evident there was a lot of pressure on DOJ to sign-off on torture, which they euphemistically called “enhanced interrogation.” The pressure was made clear in one email where Comey implicated both the president and vice president, writing: "The AG explained that he was under great pressure from the Vice President to complete both memos, and that the President had even raised it last week, apparently at the VP's request and the AG had promised they would be ready early this week." He goes on to describe the Attorney General and Office of Legal Counsel as “too weak to stand up for the principles that undergird the rest of this great institution" (meaning the Department of Justice). Another email, dated April 28, 2005, suggests that Comey was told the torture memoranda needed to be drafted quickly to provide retroactive cover for torture that already occurred. This adds to the NPR conclusion that the memoranda were a charade to provide cover for an already ongoing torture program. It really is astounding to think the United States is actually debating whether torture is appropriate or not. The U.S. led the world in getting the Geneva Convention approved and Ronald Reagan signed the Convention Against Torture. Both of these treaties, which have been ratified and are now US law, prohibit torture. The American Bar Association approved a resolution on August 9, 2004 condemning torture. It said: “RESOLVED, That the American Bar Association condemns any use of torture or other cruel, inhuman or degrading treatment or punishment upon persons within the custody or under the physical control of the United States government (including its contractors) and any endorsement or authorization of such measures by government lawyers, officials and agents;” The resolution goes on to urge the U.S. to obey all international treaties and laws that prohibit torture. And, it also seeks vigorous investigation of torture and abuse of prisoners and “proceedings against persons who may have committed, assisted, authorized, condoned, had command responsibility for, or otherwise participated in such violations.” And, in the report accompanying their resolution, the ABA points to the role of lawyers who provided legal cover for the torture program. They say: “We do not construe the giving of good faith legal advice to constitute endorsement or authorization of torture . . . the memoranda and the decisions of high U.S. officials at the very least contributed to a culture in which prisoner abuse became widespread.” In fact, the lawyers were the lynchpin. There was dissent inside the CIA, FBI and DoD over the torture program. Those directly involved were worried that they could be prosecuted for war crimes as torture is clearly prohibited by international and U.S. law. If lawyers had not manipulated the meaning of the law through tortured legal reasoning, the torture program would have ended rapidly. Honest legal advice would have prevented these war crimes. This is why we are seeking torture accountability for all involved. The lawyers need to answer to ethics complaints, but that is not enough a public inquiry followed by the appointment of a special prosecutor are the steps that need to be taken to apply the rule of law and remove this toxic poison from the body politic.
19 Comments so far
Show AllJason Grant Garza here ... type my name into a google search engine or www.sfbg.com/entry.php?entry_id=3956&catid=4 or www.tortdeform.com/archives/2007/07/access_denied_no_health_care_n_1.html to see how I too am in my own private Guantanamo since the government (Medicare, Social Security, Federal court system, etc) have all screwed me out of my rights and NOT been accountable. Torture of individuals and the "torturious" rush/excuses/justifications towards risk-management (deflect, deny, defer) by those with a legal and ethical duty happen by the hands of our own government daily to the poor and disabled AMERICAN citizens. Now after years I have an agreement that admits fault and liablity; however, NO JUSTICE, NO RESTITUTION, NO CONTRITION and certainly NO HUMANITY. Yet as in Guantanamo, the individuals responsible still have their jobs, will still collect their pensions, will still continue to lie and state that they care, etc. (Just like what is happening here with ENABLERS ...Yoo, etc.)
When our own government will not fully and correctly investigate (since they know they broke the law and would have to live up to their false rethoric) itself ... thereby creating the environment and culture of deceit. Please read the articles ... ask yourself what is different ... would it be the ten to 20 agencies that I went to that all told me I was wrong or would it be that after winning the other side still doesn't have the honor, dignity nor respect to do the "right" thing? Define right and right for who? I can show you how my rights didn't apply ... how even Medicare failed, how the Federal Court System failed and how the Medical system failed. What the difference ... my case has been on going since my illegal arrest and denial of emergency services in 2001 (with the gold card - Medicare) ... and as the vindicated victim - I will continue to speak and point out the truth and show the injustice till I die ... sort of like the individual that the article speaks about. TORTURE IS AS TORTURE DOES; but, at least I was an AMERICAN citizen with rights ... NOT! Type my name into a google search engine, read, educate and realize that you are NEXT! Ah, the audacity of FALSE HOPE, BROKEN LAWS and RIGHTS, and "the ENLIGHTED SOCIETY." First, let's TURN on the light ...
We sall never give up bringing these sick,sick,sick people like Bush,Cheney and their complete cabinet to justice. The C.I.A cowards beating and stomping people with their hands and feet tied. Everyone of them knew it was wrong. Perhaps except sicko Cheney. That bastard gloats over the torture he ordered. What is Obamas real reason for not bringing them to trial?
Obysmal is a coward and an opportunist, like almost every other politician on the national scene in this country. And he wants to be reelected. Also, in reality, none of this ugliness truly bothers him.
I wonder if Petraeus just destroyed his chances of being the Republican nominee for Fuhrer in 2012. Perhaps he will run as a Democrat in 2016 . . . maybe even in 2012, after the money/shit bomb explodes in Obysmal's face.
this article and many of glen grumwald's have - i think - removed the doubt, if there ever was any, as to the illegality of the torture used
other than the alien shapeshifter cheney - no one of consequence argues that torture stopped any attacks
as for cheney's insistance that it did - hey we all know he is nothing but a two face lyin' bastard, as my dear old mom used to say
he lied us into iraq and afghanistan and now he's trying to lie his sorry ass out of it
he has zero integrity
bush has none either but he is smart enough, for once, to just shut up and keep his head down, like he so nimbly did when under attack from the reporter's shoes in iraq
both of them, i think, fear prosecutions - either at home or abroad
we need to try these two men if we have any hopes of reclaiming some moral high ground and to make up for putting these two neo-nazi fascists into postions of authority to begin with
Sioux Rose
The lawyers like Gonzales who granted the legal cover sure must have worshipped their bosses. Did they think their promised impunity would last beyond the term of their dear leader? Or were they utterly convinced (and assured) that Obama would do nothing to rock the apple cart, as they drew up all the appearances of legality around items morally repugnant to civilized nations? Did they think they would not become the fall guys as the real monsters marched onto greener pastures?
i am sure they were aware of the military build up that was taking place - they could see the writing in the tea leaves and they did some career maintenance
remember at the time they may have thought that rove was right about the 100 year reign of the gop
we know about the torture - one can only wonder about what else they signed off on
the more time passes the more they feel that prosecution will be less likely
Good article by Kevin Zeese. Perhaps there will build enough political inertia for prosecutions, but I rather doubt it.
They can't disbar these guys.
Who's gonna defend the bush gang when they're finally brought to justice?
Disbarring attorneys is less than a slap on the wrist and not at all what the law demands.
Conspiring to commit torture (in this case enabling the Bush administration by providing a legal rationale) is a crime. It has the same penalities as commmitting acts of torture.
Professional guilds are not about justice or monitoring their own, they are about protecting their members and maintaining their privileges.
Just look at what the AMA is doing. They are actively undermining healthcare reform because they are afraid it may mean a smaller paycheck.
“TORTURE IS AS TORTURE DOES”
Or, a Fervent Lament About What Yoo Should Repent
Morally impaired professor John Yoo. Now there is a man this country should sue.
May his days writing White House memos and briefs bring him to trial and eternal grief.
This is the lawyer who “Torture” he said,“is hard to define and all in your head.
Besides with all the time bombs a ticking, mustn’t we give those suspects a kicking?”
True, dogs, sticks and stones might break a few captive bones,
But, near drowning it seems, shouldn’t even be counted as mean.
So what if it risks all our soldiers and troops. And, makes us liars and hypocrites to boot.
Jack Bauer did it and look at his result. To not follow his lead would be a big insult.
Jailing forever without charge, counsel or trial? As to any Amendments, John Yoo’s in denial.
“The Constitution is quaint and really quite dead.” Or, so he proclaimed and deliberately mislead.
May his words of malevolent and ignorant intent result someday soon in his prompt disbarment.
A thank you from Bush was his apparent sole goal. For that he sold out his profession and soul.
Convict Bush as well for his unlawful bend since he swore a solemn oath the Constitution he would defend.
But, try Yoo first cause he should’ve known better. Aren’t attorneys supposed to follow the law to the letter?
Nazi lawyers and judges caught Nuremberg ire. That too was for fulfilling their boss’s desire.
Unless for this there’s some stiff punishment, others will assume rules are meant to be bent.
Signed: Lawlessone [for more irreverence, see resistence-is-possible.blogspot.com]
I think we are putting far too much space and time to the torture issue when what really happened was a mass genocide and complete destruction of a culture in an illegal war that is hardly ever spoken of. Torture is not something that we should use and eventually those that made it possible should be prosecuted, but can we please start looking at the really big elephant in the room!
Danna
You are right Danna. I think alot of righteous people are concentrating on torture because it is the easiest thread to pull to unravel the whole criminal murderous tapestry.
But Obama is protecting the criminals faster than anybody can expose them.
I thought Mr. Obama was the savior of the Republic; all that is good and true, and superman.
Looks like he is just a Trojan Horse.
And the suckers hauled it into the city through the gates.
BTW, if he has proof that he is constitutional qualified to be president, i.e. valid birth on the territory of the USA, why does not he present it and end the speculation? It would be so easy to do, and end any controversy. I want the proof, because he refuses to address this issue.
How about the promise of openness in government?
Demand a Nuremberg type trial for everyone involved in the legalization and application of torture, and genocidal wars. All of the Bush-era legislators, politicians, lawyers, everyone. Demand they apply the moral standards that arose out of the Holocaust. They are all criminals, same as Eichman. Clap them all in irons, toss them in the oubliette and throw away the key.
Demand a Nuremberg type trial for everyone involved in the legalization and application of torture, and genocidal wars. All of the Bush-era legislators, politicians, lawyers, everyone. Demand they apply the moral standards that arose out of the Holocaust. They are all criminals, same as Eichman. Clap them all in irons, toss them in the oubliette and throw away the key.
Kevin Zeese's organizations' focus on law licenses is a wise first step. The big problem in prosecuting people criminally is that the penalties are so severe that prosecutors won't prosecute persons who had high government positions. People like Yoo, Bybee, Bradbury, and Gonzalez have a realistic fear losing their law licenses. That could actually happen, and soon. And it would put the handwriting on the wall with regard to eventual criminal prosecutions, not only for them but for Bush and Cheney, who don't have law licenses.
Zeese rightly says the lawyers were the "lynchpin." The views of Generals Patraeus and Sanchez are crucial. The MSM hasn't said much about those comments, probably in fear that more publicity will significantly ramp up the threat of prosecutions.
Absolutely! They must never be allowed to practice law ever again. Ever! In no state, in no country.
The bastards didnt practice law, they made up laws to fit Bush/Cheney sadistic torture plan. They knew it was wrong, so off with their heads by hanging.