Torture and Justice
Did this nation break international law and engage in torture? That is what Senator Leahy wants to explore in his “Truth Commission” hearings. Meanwhile the Obama administration would rather “look ahead” than look backward. Clearly any attempt to investigate the last administration’s torture and illegal incarceration would certainly turn into a partisan food fight. It is understandable that President Obama would want to avoid this and move the country forward on a new agenda that would really reflect change. But I would argue that this approach to sweeping it under the rug will not only continue to dog us as our moral failure, it is a violation of international law, and will certainly set up a scenario where it can be repeated in the future.
The part I find most entertaining about finding out what really happened is that for the most part we know exactly what happened and it is disgusting. Anyone who has read Jane Mayer’s The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals knows most of the details. It is all there from the direction of White House on the exact methods of “enhanced interrogation techniques” to be used and their complicity in authorizing torture, to the ignoring of gathering wealth of evidence that their program was counterproductive, that they had many innocent detainees, and that their methods were producing unreliable information. The book chronicles the amateur hour approach to interrogation driven by Cheney’s lawyer, David Addington, self-serving and ultimately unsustainable legal opinions by John Yoo, to George Tenet’s willingness to serve the administrations needs for justification instead of being an honest broker of intelligence. The level of incompetence and lack of legal integrity is stunning.
Sunday we found, as Ms. Mayer had chronicled, that the Red Cross had written a report documenting the war crimes that were committed by the United States and gave detailed information about exactly what was done and included excruciating and painful details of our depravity in this report (not suppose to be released to the public). Mark Danner, a journalism professor published extensive excerpts in the April 9 edition of the New York Review of Books, released Sunday. The amazing thing is that Ms. Mayer had it right on the mark. But she even took more time and did the research to question claims of reliable intelligence gathered by these techniques and chronicled how traditional approaches were working (gaining trust and understanding their language and culture) and then the CIA came in, having no expertise in interrogation, Arab culture, or their language, took over the interrogations, and began the abusive techniques that shut these people down. It is important and critical reading for every American, but of course, they won’t and that is why hearings and prosecutions are mandatory.
One of my favorite stories is the interrogation of al-Shaykh al-Libi who gave evidence during torture in Egypt where we had rendered him of WMD and of a connection of al-Qaeda and Saddam Hussein that President Cheney relied upon as irrefutable evidence of this connection and Secretary of State Powell used in his testimony to the UN. Later he recanted this confession and when asked why he made it, his answer was simple: “They were killing me, I had to tell them something.” The whole episode is the epitome of how we got the intelligence so wrong. We knew what answers we wanted and we tortured people until we got them. It was amateur hour in cowboy land.
It is extremely important to get all of this out into the open. Does torture work? We will never know for sure until we find out exactly what was done and if in fact it really did lead to actionable intelligence. My reading of all the material is no it does not, and is so counterproductive as to cause us irreparable damage. This also seems to be the opinion of most of the knowledgeable and experienced intelligence professionals that are familiar with what really happened. The downside, besides getting false or unreliable information, was that we lost the moral war and the reason for standing up for justice. We provided the other side the biggest recruiting tool we could have ever imagined. We also tainted any prosecution of those truly culpable so that we may never see justice in the courts. Ms. Mayer points out that the British, with their lesson from interrogating IRA subjects, warned the administration that this would result if they perused this counterproductive path. But it was cowboy time at the OK Corral.
We have committed war crimes and we have violated the very basis of our Constitution and the values for which we stand. The Bush administration did this in your and my name. If we want to cleanse our souls, find out what really happened, and understand how this could have happened, we need to hold those accountable who have destroyed everything we stood for. So as messy as it is going to be, we have no choice. Not if we are the United States of America. Not if we stand for our principles. Just following orders was not an acceptable excuse at Nuremburg and it is not now. Bring on the investigations. It won’t be pretty but it is so necessary.