Fraidy Cats
Congress and torture

I noticed Anthony Lewis' article in the Nation, The Torture Administration. As our regular readers know, torture is one of my top four issues of concern--the others being poverty, discrimination, and corruption. Although this long article does not make great new revelations, I call it to your attention as part of my campaign to keep the focus on this issue the Bush administration is working so hard to keep under wraps. It is also an example of politically appointed ideologues overriding the input of those with the most knowledge and experience. Here are a few excerpts:

Soon after the terrorist attacks of September 11, 2001, the Justice Department--then under Attorney General John Ashcroft--began producing memorandums that opened the way to torture and mistreatment of prisoners. The memos gave an extremely narrow definition of torture: producing pain equivalent to that from "serious physical injury, such as organ failure, impairment of bodily function, or even death." They argued that the President, in his constitutional role as Commander in Chief, had the power to order the use of torture no matter what treaties or US statutes said. And they said the Geneva Conventions did not apply to the prisoners at Guantánamo.

It is important to note that these legal opinions came almost entirely from political appointees, not longtime Justice Department lawyers. Similarly, Defense Secretary Rumsfeld and his aides overrode objections from most military lawyers and other officers. Secretary of State Colin Powell, former chair of the Joint Chiefs of Staff, was a notable opponent of the memos.

The very purpose of these radical legal opinions was to override objections to torture from those in the services and the law who wanted to carry on the American tradition of humane treatment of prisoners. And there was a further, crucial purpose: to immunize those who actually carried out torture or inhumane treatment from criminal prosecution. If charged, they could maintain that their actions were authorized from above.

[ . . . . ]

When George W. Bush was asked about torture in early November, he said: "Any activity we conduct is within the law. We do not torture." How could he say that after the hundreds of convincing reports of torture and maltreatment? One possible answer is that he has not allowed himself to know the truth. Another is that his lawyers have so gutted the law governing these matters that not much, in their view, is unlawful.

But there is another explanation for Bush's words: confidence that words can overcome reality. Just as a large part of the American people could be led to believe in nonexistent links between Saddam Hussein and the 9/11 bombers, so it could be persuaded--in the teeth of the evidence--that "we do not torture." And there is reason for that confidence.

Congress has shown no great zeal for tracking down responsibility for the abuse of detainees in Iraq, Afghanistan and Guantánamo Bay. It has reacted with the equivalent of a yawn to the disclosure of "extraordinary rendition," the shipment of prisoners to Egypt, Syria and other places where torture is common practice. The Senate, moved by the power of John McCain's example, voted for his ban on prisoner abuse. But then it approved a devastating prohibition on the use of habeas corpus by Guantánamo prisoners to test the lawfulness of their imprisonment.

The truth is that most members of Congress are scared to do anything that could be portrayed, in a campaign, as being soft on terrorists. They worry that if there is another terrorist strike in this country, any vote to hold true to the law of war or even to investigate what has happened could be held against them.

Like the corruption issue, condemnation of torture could be a part of any Democratic "Contract with America." Both are clearly moral issues involving Democratic values. The American public just might consider them more important than the war on Christmas, gay marriage, or flag burning.