Lead the Public, Make it Known
The essential point that Christopher and Jane have been making is correct: the public needs to be patiently brought along on this issue. That's not a small point. It drives the process. So those who care about the torture issue serve their cause best by pushing to fully expose the facts. What, exactly, was done. Who gave the directions for it to be done. What did those high up in the Administration know, and what did they do when they learned. I expect the ultimate evidence will be extremely damning, as suggested by the statement that John Bellinger gave to Senator Levin last week, and I am certain that the most damning things are still being suppressed on bogus claims of national security.
Figures in the CIA who supported destruction of the torture tapes were largely driven by the same concern: when the public sees this, we won't look good. So it is imperative that the public see all this evidence and form its own views.
A justice of the South African Supreme Court told me last year that opinion in South Africa's white community was strongly in support of harsh measures, including torture, to support apartheid through the sixties and seventies. White opinion began to change gradually as all those practices became a matter of public knowledge and destroyed the Afrikaners' sense of righteousness. He told me he had no doubt that the same process would work in America--get the facts out there, and be sure that the people really know what is being done. Alex Gibney's film Taxi to the Dark Side does this. It needs to be seen by millions, just as it is being viewed now by the cadets at West Point and the JAG trainees at the Army JAG school in Charlottesville, Virginia.
And public opinion is slowly but steadily moving in the right directly. Look at the conference that Evangelicals hosted at Mercer University in Atlanta a month ago, for instance. Public opinion polling shows that the Southeastern Religious Right is the bastion of support for the Bush torture policies in the United States. But in the Atlanta conference, a large part of the religious leadership of the Evangelical movement mustered against torture--for the first time.
Or look at the American Psychological Association. This was the sole professional association to give some measure of support to the Bush Administration's position. The organization's leadership seems to have been in bed with the Pentagon on the issue, denying that psychologists were healthcare professionals and denying the Hippocratic oath's ethical injunction against harming a patient. The membership of the APA just rebelled against its own leadership, overturning their position and adopting a strict mandate prohibiting psychologists from participating in "the program" in any form. And today, the APA's president has written President Bush advising him that psychologists are now precluded on ethical grounds from participating in the "program." He tells Bush in his letter (http://www.apa.org/releases/kazdin-to-bush1008.pdf), "there have been many reports, from credible sources, of torture and cruel, inhuman and degrading treatment of detainees during your term in office." This is another step. And another reason why full disclosure is necessary.
Jane is right to ask for full disclosure of documents. We hardly know at this point what has been withheld. But the Administration's withholding of documents that state legal policy is outrageous and virtually unprecedented. There are now at least seven memoranda done by the Department of Justice's Office of Legal Counsel which appear to have been crafted for the purpose of inducing the torture or cruel, inhuman and degrading treatment of prisoners in violation of U.S. law and international obligations. These memoranda are themselves potential criminal acts, and those involved in crafting them will, I believe, likely be both disbarred and prosecuted. But the path must begin with disclosure of what they have done. That they seek to do it in the shadows is telling indeed.
And we need to be on guard against the destruction of documents. In a series of litigations now, documentary evidence of prisoner mistreatment has mysteriously disappeared when a court ordered it to be turned over. Six prosecutors at Guantanamo have now said they could not proceed to prosecute cases for ethical reasons. When their accounts are fully aired, I am confident we will learn that they discovered that evidence had been withheld or tampered with by the Government. The Justice Department itself seems, rather than a guardian of the law, to be a prime offender--engaging in criminal obstruction. We will have to find a proper vehicle for holding those who engaged in this conduct to account. But we should develop the facts carefully first.














Thank you for this. I find it encouraging. Nothing has brought me greater sorrow than the seeming non-reaction to what I find the most shocking thing this administration did.
I was beginning to think it would just die of inattention. But it makes sense to me that the public has to be brought along gradually. I don't think Americans have perhaps allowed themselves to really face what has happened.
We need to. We have to.
October 3, 2008 10:24 PM | Reply | Permalink
Scott,
In the name of bringing us along, I have tried to understand this issue at another website. Many of these people are lawyers and/or federal workers who comment using names and capital letter salads that require the best of my bulldog nature to plow through.
I want to understand. I ask questions trying my hardest to understand all of their references before writing.
I am often ignored. It's as simple as that.
I will continue here and there, wherever I can to educate myself. But a narrative for people who are busy teaching, raising kids, finding money to pay college bills and eat (forget retiring) is essential.
October 4, 2008 12:19 PM | Reply | Permalink
Our family has been playing music to protest these policies - here is a link to a video with one song extraordinary rendition. We do need to keep talking about this. And drive changes after November. http://www.youtube.com/watch?v=MaK3a3XSPA8&feature=related
October 4, 2008 1:51 PM | Reply | Permalink
I was very gratified to read this -- not so much because I think that what you propose will actually occur, but because it at least gives me some feeling that I'm not alone, and that I'm not losing my mind.
We have been in deep denial about what we have done, and both parties have been complicit. Almost no politicians in the US are willing to talk about how many people have died violently in Iraq since we toppled the government there, or how many refugees have been created. No one will take the Lancet numbers seriously. Not even the people who run this blog, who are among the best people working to get information out to the public now.
One of the central premises the left is operating from is that Bush and Cheney are the entire problem. Once they go, things will be OK. I don't believe that. The public has gone along with everything.
I don't think it's the immorality of the administration's policies so much as their incompetence in implementing them that's turned the public away from Bush and Cheney. If we were winning the war, and if the economy had stood up better under the looting, they'd be winning the election now.
It seems to me that Bush and Cheney were symptoms of our sickness more than they were the cause of it. If the country had been in a good place, they wouldn't have been able to do the things that they've done.
The scary thing is that we've teetered on the edge of a kind of soft core fascism since 9/11 -- we've put our trust in an all powerful leader who is believed to embody our national character, we have turned our focus on the pursuit of enemies, internal and external, we have suspended the rule of law, and many of our largest corporations have enabled this program while profiting from it.
And all of this would have been ok, if only it had been successful. The public has been ok with it, by and large. It's only the strength and depth of our institutional protections that's saved us.
October 5, 2008 10:45 PM | Reply | Permalink
This receives absolutely no attention. It deserves scrutiny because the crime declares itself. When Franks declares "we don't do body counts", is he stating military policy?
If civilian deaths (injuries, etc.) aren't documented, then how can article 3 of the Geneva Convention be applied? If the military officially neglects body counts, then it cannot also claim that it affirmatively honors the clause: "Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture ..."
Franks' declaration, on its face, violates the Geneva Convention.
October 6, 2008 10:09 AM | Reply | Permalink