« Who Did Get Punished For Torture? | Jade7243's Blog | Administer 6 Times Daily for 30 Days »

A "Capital" Idea: Lessons from the Movement


This is a long blog post, and I'll apologize for the length at the outset. However, I think if you can get through it, you might find it helpful for moving forward.

There are two things which need to be explored: the track record of the United States in prosecuting, or even investigating those accused of war crimes. And second, if you are to bring about that prosecution, how might you do it effectively. Perhaps if you employ some of the lessons learned in the civil rights movement to further your cause, you might make significant progress with what will be a near impossible task.

Many of us are disgusted, appalled, outraged, angered by the content of the released torture memos written by Bush's Office of Legal Counsel. It is the content -- the black and white letters on the pages -- that delineated in gruesome detail exactly what was done to Abu Zubaydah and Khalid Sheik Muhammed. Done to them by operatives of the United States government. Many of you are taking your outrage out on the blogosphere, railing against the Obama administration, because -- at least for now -- a decision has been made (not etched in stone, mind you) that the administration is not likely to pursue prosecution against those who conducted the torturing, and possibly (again, not etched in stone) against those who crafted this policy. The critical problem is your outrage is seen as limited to the "liberal bloggers." Although the story has some traction in the mainstream media, they are not actively pursuing the goal you seek: the prosecution of George Bush and key members of his administration responsible for constructing and implementing this policy.

On a personal note. (which is neither here nor there just my need to vent a little). my feeling is your anger is a bit misdirected at the present time, BUT-- and this is the critical part -- there is something more effective you can do rather than sitting on your patoots pounding away at your keyboards or signing petition after petition. What you lack is an effective game plan to achieve your goal: the prosecution and or impeachment of somebody who was involved in the criminal activity. To achieve that, you have to get over your righteous outrage and get righteously ACTIVE.

In other words, since you are the ones you've been waiting for, stop waiting, start doing.

There was an ocassion when the idea of the government restoring to black Americans their full measure of civil rights was not a given. Although whites were congnizant of the incongruities of black and white existence. knew that segregation existed in their own neighborhoods, they were by and large comfortable with it, because it was not something they saw on a daily basis, nor did it affect them directly, Because the grossest violations of civil rights (in their minds) occurred in the South, northerners were more or less convinced it was a "remote, Southern problem." Never mind that it was in their backyards. And front yards.

Similarly, the torture memos provide us with a similar disconnect: Some -- that's YOU -- are extremely disturbed by what you've read (and you've read the torture memos). Others are more apathetic. The don't want the country involved in torture, but believe "the bad guys" got what they deserved, that it was just an isolated event that will not happen again. Still others wholeheartedly and enthusiastically support torture -- that would be most Republicans (your Joe Scarboroughs, your Joe the Plumbers, your Newt Gingriches, etc.)

So to achieve what you what, you need to move that apathetic group to your side. And if you can move one of the more "dedicated" torture proponents to your side, even better.

First, let's take a look back at what has happened over the years to provide a sense of history and context. If you want to do something historic, you need to know what the precedents are that you will need to overturn:

Members of the Executive Branch

Let's understand first just how difficult this undertaking will be. In the entire history of the United States, only two Presidents (Johnson and Clinton) have ever been impeached, one investigated to the point he resigned (Richard Nixon). Of the vice-Presidents, only two have ever resigned from office -- John C. Calhoun to become a Senator and Spiro T. Agnew because of criminal charges against him. Only two (Aaron Burr and John C. Brecknridge) were ever indicted after leaving office -- for treason. Although the Attorney General is subject to impeachment, there is no record of an AG being impeached or indicted for a crime.

With regard to Secretary of State, Henry Kissinger, although accused of heinous deeds was never prosecuted. However, student activism had its effect, as reported on Wikipedia:

Shortly after Kissinger left office, he was offered an endowed chair at Columbia University (in 1977). The position came with considerable funding and would have given Kissinger his first platform for rehabilitating his then shattered reputation. When news of the proposed chair leaked out, a small group of students immediately began collecting signatures for a petition opposing his appointment. The petition charged Kissinger with illegal actions in Vietnam, Cambodia, Chile, and in ordering domestic wiretaps of National Security Council staff.

The petition effort sparked wider organizing and the quickly formed "Ad Hoc Committee to Oppose Kissinger's Appointment" offered detailed substantiation of each of the charges in flyers widely distributed on campus. Kissinger's initial classes and meetings held on campus were dogged by protesters at every step.

The spectacle of the former secretary hounded and humiliated by his students was picked up in the popular comic strip Doonesbury by Garry Trudeau. The continuing strips detailed students attempt to challenge Kissinger in the street and in the classroom.

Columnists such as Anthony Lewisof the New York Times and Nat HentoffVillage Voice chimed in with opinions that denying Kissinger the chair would not be a violation of academic freedom and within weeks the story had become national news, breaking in NewsweekWashington Post Many of the news stories included a litany of the offenses Kissinger was alleged to have committed. Rather than a stepping stone toward rehabilitation, the appointment was spreading knowledge about Kissinger's actual record and rekindling student activism on the Columbia campus. After several months of pressure, the University and Kissinger mutually agreed that it was not the time to undertake such an appointment. Kissinger went to Georgetown University, where the students were less confrontational, to take a less prestigious and less permanent teaching and researching assignment.

And when the students finished with Kissinger, writer/author Christopher Hitchens of Vanity Fair took up the charge:

A revival of interest in Henry Kissinger came in 2001, when journalist Christopher Hitchens wrote The Trial of Henry Kissinger, a scathing critique of Kissinger's policy that accused him of war crimes, particularly for his policy toward Vietnam Cyprus Cambodia, Chile, East Pakistan (present day Bangladesh). Kissinger became a focal point of criticism from the political left and certain human rights NGOs. According to the book, his foreign policy was chiefly concerned with attaining allies that had valuable geographical and strategic locations, such as Turkey and Pakistan, and turned a blind eye when these allies attacked democracies and murdered countless innocent people.

The book was later adapted into a documentary entitled The Trials of Henry Kissinger. The film focused on Kissinger's policies towards Vietnam, Cambodia, East Timor, and Chile. (From Wikipedia.)

It will be an uphill climb.

Prosecution of War Crimes (World War II to present)

World War II-- Although there were a few Allied personnel courts-martialed for war crimes during or following World War II, other instances that were alleged by historians to be war crimes were not prosecuted or investigated.

Vietnam -- The Vietnam War Crimes Working Group, established in the wake of the disclosure to the media the My Lai massacre, compiled over 9,000 pages of materials and determining that some 320 alleged incidents did have a factual basis. Seven previously unacknowledged massacres from 1967 through 1971 in which at least 137 civilians died.

Seventy-eight other attacks on noncombatants in which at least 57 were killed, 56 wounded and 15 sexually assaulted.

One hundred forty-one instances in which U.S. soldiers tortured civilian detainees or prisoners of war with fists, sticks, bats, water or electric shock.

Two hundred and three soldiers accused of harming Vietnamese civilians or prisoners were found to warrant formal charges after investigation, and were subsequently referred to the soldiers' superiors for official action. Of the 203 cases, 57 of them stood a court martial. Only 23 were convicted, of whom 14 received prison sentences ranging from six months to 20 years; most received significant reductions on appeal. Many substantiated cases were closed with a letter of reprimand, a fine or, in more than half the cases, no action at all.

The stiffest sentence went to a military intelligence interrogator convicted of committing indecent acts on a 13-year-old girl in an interrogation hut in 1967. The records show that he served seven months of a 20-year term.

(The above taken from the Vietnam Working Group Files, Wikipedia)

Iraq War I -- During the first Gulf War (again from Wikipedia), the two most widely reported incidents were:

HIghway of Death -- On the night of February 26 and February 27 1991, defeated Iraqi forces began leaving Kuwait on the main highway north of in a column of some 1400 vehicles. US Air Force and US Navy jets pursued and destroyed the convoy, subjecting it to sustained bombing for several hours. The Iraqi troops were not given any opportunities to surrender.

Bulldozer assault -- Another incident during the war highlighted the question of large-scale Iraqi combat deaths. This was the "bulldozer assault", wherein two brigades from the 1st Infantry Division (Mechanized) used anti-mine plows mounted on tanks and combat earthmovers to bury Iraqi soldiers defending the fortified "Saddam Line." One newspaper story reported that the US commanders estimated thousands of Iraqi soldiers surrendered, escaping burial during the two-day assault February 24-25, 1991. However, like all other troop estimates made during the war, the estimated 8,000 Iraqi defenders was probably greatly inflated. After the war, the Iraqi government claimed to have found 44 bodies. In his book 'The Wars Against Saddam,' John Simpson, alleges that the US forces attempted to cover up this incident.

Kosovo -- Slobodan Milosevic is the most notable person tried for war crimes in this conflict. Although NATO forces were accused of bombing civilian targets, no crimes (as yet) have been claimed against US or NATO forces against civilians.

Which brings us to Iraq War II. As you can see, even when there are clear-cut cases of atrocities, war crimes including torture, have rarely been prosecuted against US citizens. Of those who have been convicted, they tend to be US military personnel, are often characterized as "rogue" elements or units, and prosecutions never involve high-ranking officers William Calley of the My Lai massacre was a Lieutenant, Abu Ghraib's Lynndie England a Private First Class and Charles Graner a Sergeant. None of the other persons either court-martialed or dishonorably discharged from duty were in the commissioned officer ranks.

Lessons From the Movement

This is where the lessons from the civil rights movement can be helpful.

Create compelling political capital: Let us distinguish between "political cover" and "political capital." Cover, in its simplest form, is exactly that -- a blanket, an excuse, behind which one can hide. You do not want to create cover. Capital, on the other hand, is "currency" which can be spent to pursue what are often unpopular decisions. Creating a groundswell of overwhelming public opinion creates capital.

Create a compelling visual image. Reading memos, briefing papers, legal briefs does not a compelling visual make. And your visual is the most effective tool to create political capital.

During the civil rights movement, although administration after administration knew full well that segregation was wrong, did nothing until they were confronted with the imagery of children being turned away from schoolhouse doors, young men and women having police dogs turned on them, firehoses turned on them, billyclubs and axe handles used on them as the peaceably marched across the Edmund Pettus Bridge.

Your most compelling image is a re-enactment of torture and waterboarding and abuses described in the memos and shown in the pictures from Abu Ghraib. Imagine:

In front of federal courthouses all across the country, in front of the Newseum, in city plazas, in New York's Central Park and similar prominent locations, there is a full size mock-up of one of the interrogation rooms at Guantanamo or Abu Ghraib (the same abuses occurred there). Every day for 30 days and nights, 6 times a day, every 4 hours, like clockwork, the torture and waterboarding of Khalid Sheik Muhammed is re-enacted. And 83 times during that 30 day period, the torture and waterboarding of Abu Zubaydah is re-enacted. The shackled prisoner, his captors methodically doing their "business." The cramped boxes, the stress positions, the head into wall slamming. Where there are transcripts, they should be read aloud. You should have Bush, Cheney, Bybee, Gonzales, et al from the Bush administration re-enactors portraying the principals involved.

This should not be a David Blaine-like stunt. Take it seriously, present it seriously,

Create a convert to the cause. This should be someone who was a vocal and visible supporter of torture, who has been convinced to change his or her mind. Frankly, it should be a him. And although Joe Scarborough would be my desired convert -- by way of enjoying a pleasant waterboarding session or a few hours in a stress position covered in insects -- Michael Smerconish, the Philadelphia talk radio host might be a better prospect. (No, he needn't be waterboarded, but perhaps seeing it occur in real time, up close and personal might change his mind.) You need a high profile convert to lend credence to your message. (Although Christopher Hitchens has changed his position, his personal demeanor makes him a less than effective messenger.

Avoid Code Pink. This is not the time for antics. This should be a serious and deliberate undertaking. Your goal is to change what is discussed as some abstraction into something real and powerful.

Avoid mixed messages. Your one and only goal is to create political capital. You want to shift the tide of public opinion so that support pushes your opponents into an impossible, unsustainable position. Your opponent is not the current administration. You need them. What you don't need is Republican pushback. (The Republicans are the Dixiecrats and segregationists.) What you want to create is environment where this unprecedented action you want can be taken. This is a single message protest which should lead to the punishment of those involved.

Now, the mission ahead of you is daunting. But, like those who fought (and continue to fight) the good fight for civil rights in this country, it can be done.


12 Comments

| Leave a comment
user-pic

I have run out of superlatives, Jade. But this blog needs them. Fantastico! (Spanish) Magnifique! (French) Wunderlich! (German)

Seems to me you're looking at political performance art.

I wonder if it's possible. But you sure as heck have pointed the way. Like Gandhi's fasts, this would be a performance of "torture" - and honestly it shocks the conscience just to contemplate it. (You're that on target.)

There's one artist in NY that has done things like spend a year in a cell. He's done some strange things. He might be conscripted. There must be others too.

These folks would need to some strong sort of people. With a kind of monastic commitment to the task. That's for the "victims" - and god knows how you'd find the captors.

It's a terrible thought. As a psychologist I simply can't go there. Except to the extent I've written here. I could not participate. I could not watch. I might have trouble reading about it. But that's what you're after here.

user-pic

You'd have to design a way for the worst to simulated effectively.

The key is that "middle Americans" need to be brought into the discussion, and feel real anger at Bush and Cheney. They have to be the villains.

People tend to think the torture is no big deal, but it has to be made a big deal, a big painful deal.

Unlike in the civil rights movement when people saw people attacked by dogs on their nightly news shows -- which was highly unusual for them to show such graphic violence -- the torture debate is abstract. It's time for the abstraction to go.

One other idea: during the Vietnam war those against it wore armbands, black armbands. (Civil rights protestors by large didn't need armbands, being black was symbolic enough.) How about wearing "prisoner/detainee orange" armbands?

The key is to go from "words on a page," to a tangible visible symbol people can relate to.

Thanks, TheraP...

user-pic

During the month after the 2000 election, I wore black. Every day. During the first month after the invasion of Iraq I did the same. I was in mourning. It was a statement.

Not sure I could stomach an orange armband. And consider that most of these poor souls - at the worst - were naked, at times covered in excrement I bet we'd find if the torture tapes ever surface.

At some point we need "performance art" that goes on the road. But how will you get people to watch? Schools need to teach this. There's so much to do!

user-pic

What is the symbol of torture? A crucifix! But people forget that.

Let's take some time to consider what this symbol should be.

I have a book. I bought it for the title alone: Soul Murder.

The souls of people on both sides of torture - those intimately engaged in it - are subjected to murder. You kill the soul, while forcing the body to exist in hell.

user-pic

Jade, this may be the best post you've ever done, at least during the time I've been here. I'm impressed beyond words.

I'm not sure yet how to make your suggestions a part of me, but I know I'll be spending some time figuring it out.

user-pic

Stilli, thanks...

as I mentioned to TheraP above, there has to be some symbol to help capture the public's imagination. Peaceful protest, armbands, sit-ins, re-enactments and similar activities.

It's an idea in its infancy (and surely someone else somewhere has probably thought of it, too) so all ideas are welcome. Take it and make it your own.

user-pic

"Rec'd," "Agree 100%," "Couldn't have said it better," and all those other superlatives that seem to drive one-eye Ellen crazy!

user-pic

LOL!!!!

user-pic

Let’s not forget about those CIA personnel who have been traumatized via administering torture. Their fellow CIA peers know who they are. They know, better than anyone else, who and how many CIA folks are now disabled due to PTSD symptoms incurred in the course of duty. Even some who apparently believed torture would work found that “it worked” alright - via mentally torturing the captors!

Torture destroys human personalities. On both sides of the torture chamber. If the aim is to destroy personalities and lives, it has worked all too well. And that itself proves it was torture!

We would need to show the breakdown of captors as well.

user-pic

Rec'd.

user-pic

Compelling concept. Thank you.

user-pic

This is a fascinating take, Jade. Thanks.

Speaking of civil rights, thought you might be interested in this case [emphasis are mine]:

As recently as 1983, as Whitehouse reminded the former U.S. attorneys earlier this month, the Justice Dept. itself prosecuted a Texas sheriff who had used waterboarding to extract confessions from arrested suspects. Six former inmates testified that they had been waterboarded between 1976 and 1980.

In its written opinion affirming the conviction of County Sheriff James Parker, of San Jacinto County, and his deputies, the Fifth Circuit Court of Appeals in 1984 referred to waterboarding as “torture” a total of 12 times.

At a Senate Judiciary Committee hearing in July, Mukasey, responding to questions about the waterboarding case, U.S. v. Lee, said it wasn’t relevant because the officers were prosecuted under the civil-rights laws. “It was not a case that dealt with whether a technique is or isn’t torture under the torture statutes,” Mukasey said.

This entry in the Washington University Law Review reveals that whether or not we call waterboarding torture, its practice is still illegal. One reason is because of these two laws which extend civil rights to anybody anywhere in the world that is under US Custody, the “Prohibition on Cruel, Inhuman, or Degrading Treatment or Punishment of Persons Under Custody or Control of the United States Government” and “Additional Prohibition on Cruel, Inhuman or Degrading Treatment or Punishment.”


Leave a comment

Jade7243

user-pic

Following: 0
Followers: 39

Posts
Comments & Recommends


  • Location New Mexico.... If I squint real hard on a clear day I can see Old Mexico before my eyes tear up.
  • Party Democratic -- or "Ye Olde Par-tay Har-day" Par-tay
  • Politics Far Left of Center

Favorites

  • Favorite Blogs I especially love the ones you get at Christmastime from that sausage place in the mall. I like nut logs, too.
  • Favorite Books "All of 'em. I read all of the ones that are placed in front of me. I read Starbucks cups, Dunkin' Donuts cups."
  • Favorite Quotes Man's reach should always exceed his grasp. Vote, dammit!

Bio

Take two... they're small. Mange!

All Reader Posts
How to use myTPM

Advertise Liberally
Share
Close Social Web Email

"To" Email Address

Your Name

Your Email Address