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Leahy On Torture: We Need To Know What And Why
Democratic Senator Patrick Leahy of Vermont, chairman of the Senate
Judiciary Committee wrote a Sunday Op-Ed in the Boston Globe; Lifting
the Bush-era veil of secrecy, On US torture, we need to find out what
happened - and why.
Senator Leahy doesn't pull any punches:
I appreciate there are those who strongly favor prosecution. In a perfect world, I too would like to see Bush and Chaney on trial, so before calling for my trial in the Hague for supporting torture please consider the cause, effect, and reality of such actions.
As, Senator Leahy says, "The risk of failing to learn from our mistakes is that they will be repeated."
Senator Leahy doesn't pull any punches:
The techniques are wrong and their supposed legal rationale is just as bad. The idea that the Department of Justice's Office of Legal Counsel would be used to contort our laws on subjects as serious as torture is appalling. The rationalization of these memos showed a willingness to ignore legal requirements as long as there is no clear mechanism of enforcement. These memoranda seem calculated to provide legal cover - a legal free pass - for these unlawful policies. The Justice Department was apparently being used to immunize government officials to conduct torture by defining it down and building in legal loopholes.He justifies his call for a Commission of Inquiry:
I still believe my proposal for a Commission of Inquiry remains the best way to move forward with a comprehensive, nonpartisan, independent review of what happened. Torture was and is against the law. Condoning it puts the men and women who bravely serve in our own armed forces at risk. It disregards the values that make this country great. Torture is illegal, immoral, and wrong. That is why Obama ended these practices.His justification on why is to the point:
Let us reaffirm our guiding principles as a nation by joining together to come to a shared understanding of what happened and why. The risk of failing to learn from our mistakes is that they will be repeated.On Friday, Keith Olbermann discussed with Jonathan Alter, ex-CIA officer John Kiriakou, recanting his of his position on waterboarding. Towards the end of the discussion (3:30) Alter gives his thoughts on prosecution verses a public airing. His conclusion is the public needs to know the truth, and soon. Keith, who up to now has been a proponent of prosecution didn't contest Alter's conclusion but he did suggest if the whitenesses weren't forthright he knew, "from the right," how to get the information we need.
I appreciate there are those who strongly favor prosecution. In a perfect world, I too would like to see Bush and Chaney on trial, so before calling for my trial in the Hague for supporting torture please consider the cause, effect, and reality of such actions.
As, Senator Leahy says, "The risk of failing to learn from our mistakes is that they will be repeated."
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I never miss Keith O.I always have to say that.
LETS GET THE BASTARDS!!! HAHAHAHA
May 3, 2009 6:48 PM | Reply | Permalink
The rule of law was compromised in this whole fiasco and there is just no way we can settle for the consequences of 'public ridicule' or nothing will be made right and the next crazy person who gets in office will be able to repeat this and worse. We have to get to the roots of this and hold people accountable across the board. The consequences should vary according to responsiblity and level of criminality. For example in this situation Cheney may be construed as the criminal mastermind behind the activity. Until the evidence comes out we are looking at OLC lawyers that basically failed to complete their dutues in accordance with the seriousness of the authority they would bestow. We'll see after the OPR memo is release. I definitely commend Senator Leahy for begin unwilling to shirk his congressional responsibilities.
May 3, 2009 8:45 PM | Reply | Permalink
If any of Leahy's words are to have any substantive meaning then an "inquiry" alone will not do. The rule of law is what is at stake here and the law is exceptionally clear and straightforward on what is required by the United States which is:
1. All credible information about instances of torture must be investigated.
2. In every instance where prosecution is warranted, then prosecutions must proceed.
3. If a nation fails in it's obligation either to investigate or to prosecute where warranted then the other nations of the earth have the responsibility to bring the criminals to justice via investigation and prosecution themselves.
It really is that simple.
If America only has an "inquiry" aka "a show", but there are no actual criminal investigations or prosecutions where warranted then we are saying to the world that the law does not apply in America, that some men are, in fact, above the law and that we are no better than the worst regimes the world has seen in the past century because we allowed the very same methods used by the most notorious totalitarians in history to be used by our government and then upon discovering it refused to enforce the law.
This is serious business. It isn't an academic discussion. It isn't a discussion about policy. This is a discussion about whether or not the law means anything in the United States and whether war crimes committed by the United States will be allowed to go unpunished. The very idea that Americans discuss this matter as though investigation were one of several available legal options is surreal. All the talk here in America about doing anything in lieu of obeying our solemn treaty obligations is repellant to the civilized world as it most rightly should be. People here in the US are mistaken if they believe that the best course for the nation is to simply acknowledge, as the President put it, that we made a "mistake" and put it all behind us. If we choose to ignore these war crimes it will be the national equivalent of learning you have cancer, that it is treatable but not without risk, so you get the tumor removed, but then tell the doctor to sew you back up and do nothing more. You ignore the cancer and then proceed to act as though you didn't know you had cancer at all. For a time you would feel alright and could live your life in denial. But what would the result of such a course of action be? Well, eventually, it would kill you because the cancer would come back and be even worse, more virulent and deadly.
The sick and corrupt culture of Wshington DC (where stealing and lieing are a way of life) cannot be allowed to metastasize any further by sweeping these very serios crimes under the rug. We are a nation of laws and we claim that no one is above the law.
The ethical standard so many advocate now with respect to torture, of looking the other way and believing that is okay is the morality of a sick and depraved people. Civilized nations do not commit, permit, or submit to torture. That's a concept that has never been challenged in any civilized country tht respects human rights. There was a time when we were the nation foremost among those that fought for human rights as opposed to being in the forefront of abusing them.
Even the worst totalitarian regimes that used torture in the past had enough shame to at least deny it. We aren't even denying it! The whole world knows we did it and that the crooks of the Bush administration went to great lengths to create an elaborate albeit illegitimate and illegal edifice of legal "approval" to cover up the crimes and to protect the guilty both high and low.
Have we sunk so low that we are now so morally calloused we are no longer horrified by such atrocities? Has the soul of our nation grown so dark and cold that we have no longer have any conscience when it comes to war crimes? We're not talking about jaywalking here. We're talking about war crimes and the denial of the basic protections every civilized society is expected to afford to prisoners of all kinds. Have we completely lost our sense of decency? Have we no shame at all?
All of the discussion, all of the exceptions, all of the nuances and hairsplitting, all the political calculations, etc... are superfluous to the duty of the United States in this situation. It is simply wrong and immoral to discuss, dicker over, haggle about, and otherwise consider means of skirting the law on this subject. We must insist that the law be followed. That means that the first step is criminal investigations of all credible allegations/reports of torture. Nothing more or less should be acceptable to anyone interested in civilization, liberty and human rights.
May 4, 2009 4:09 AM | Reply | Permalink
DITTO!
May 4, 2009 8:34 AM | Reply | Permalink
Good comments - worthy of its own blog.
If Leahy should come up with strong evidence in his hearings and there is serious public outrage IMHO DOJ will step in, they will have to.
There is already punishment of a sort being doled out; 4th-Grader Questions Rice on Waterboarding
Thanks again for the great comment.
May 4, 2009 9:45 AM | Reply | Permalink
We are ... and have been... in the process of taking over the world. Why on earth should we now bow down to laws and treaties and just causes.
This nation (meaning the voters) have decided to do the exact same thing those who have condoned and tortured other human beings. Voters have decided to support their teams (Democrats and Republicans) no matter what, because for some perverse reason voters believe supporting the team supercedes all else... including morals, laws, ethics, etc.
As for why the tortures... simple.
God told me... the president said to... my boss said it was okay... they were terrorists...
EVERYBODY but ME is responsible for my actions...
And WE the VOTERS have filled up Washington with those folks and have, for decades, put them in charge of our affairs over and over and over again.
WE told them it was okay, folks, and if you don't believe it, just look at those same people we put back into office even after they sent innocent patriots to their deaths WITHOUT even bothering to read the facts beforehand...
May 4, 2009 12:10 PM | Reply | Permalink
Welcome to the United States of Amnesia: We're with Stupid! ---->
May 4, 2009 1:22 PM | Reply | Permalink
We have? Been in the process? Of taking over the world?
Not ME, pal. Maybe a few powerful individuals and organizations and corporate CEOs and such...but not ME.
Voters have decided to support their team no matter what? That makes no logical sense, especially in light of the millions of Republicans who voted Democratic in the last Presidential race, in light of Republicans LOSING Congressional seats in traditionally safe Republican districts, in light of Independents shifting by the millions to Democratic candidates, causes policies, etc, and in light of the approval numbers from Independents of Obama, today and even since he took office.
There IS A DIFFERENCE between Republicans and Democrats, and anyone who says otherwise is 1) not paying attention and 2) overgeneralizing to the point of laziness.
Don't ever say WE did anything like torture, invade a sovereign nation illegally, wiretap without warrants, attempted to do away with habeus corpus, etc. WE did no such thing.
An illegally installed cabal under George W. Bush did those things. WE did no such thing. And God damn them forever for their crimes against our country, humanity, and God. Millions of their victims cry out for justice.
Will they get it? Or will said justice be denied, based on it being 'revenge' or that it will 'tear the country apart'?
May 4, 2009 1:30 PM | Reply | Permalink