On the Contrary

President Obama changed course today when he may have realized he was repeating George Bush’s mistake in trying to define when the law will be applied and when it won’t.  He now says that for those who crafted these obviously flawed legal memos to justify torture, he will leave the decision as to whether to investigate and prosecute where it belongs in the Justice Department.  Many of us think he has no choice but to prosecute if we are going to honor our own laws,  treaties, and international law.  Otherwise we have no standing in the world and we cannot expect anyone else in the world to follow the law either.

But this whole argument gets confused within several issues.  First is the legal one, did we violate our own law, international law, and treaties we have signed?  The second one is the moral issue, should we even be involved in this kind of behavior?  And the third one which is closely related to the second, does it work?  If it doesn’t work, the second question becomes more problematic.  We know we have violated the law and if we are a nation of laws, we must enforce them becasue picking and choosing which laws to follow means there are no laws.  In judging people who violated the law, the second and third issues come into play.  There are mitigating circumstances if they broke the law trying to prevent a more heinous crime.  If it is immoral, then was it justified if it worked and saved lives?  This last question is really the crux of the argument Dick Cheney is making on FOX news.  “Sometimes good people have to do bad things for the greater good.”

Now I would be the first one to say once we go down this road to institutionalized torture for Al-Qaeda suspects, we have lost our bearings about who we are and it does more damage than it prevents, both to our own psyche, and to the enhancing of recruitment and motivation for our enemies.  But let’s forget that argument for a minute and just ask the question, is it effective?  Now once again I have an opinion based upon multiple sources that says no.  But what do we really know?  I would argue that we need a full and open investigation to find out what we found out and when; what happened when the CIA took interrogations away from the FBI; and did they actually get anything new or useful that wouldn’t have been found out anyway, and maybe sooner?

Now enter Dick Cheney who is calling for the release of memos he says exist that prove that torture was highly effective and prevented many attacks on the United States. This is interesting on several levels.  First, we have Mr. Secrecy now wanting to release real intelligence findings that could be considered much more damaging than legal memos on the legal basis of torture.  Second, if these memos exist, I don’t think the CIA is going to release them and the reasons are obvious.

Do you remember the justification for attacking Iraq?  The Vice President went intelligence shopping and he cherry picked anything that supported his preconceived view of the threat Saddam Hussein presented, rewarded those who provided him that information, and punished those that did not.  Some of this intelligence came from suspects tortured that later turned out to be false.  That is how we got it so wrong.  There is no question in my mind that once he turned the CIA loose to torture, they fed him what he wanted to hear.  Am I saying they lied to him?  I think they stretched the truth and in some cases, the information they claimed the got, was already known.  In some cases they exaggerated the importance of a detainee, or they got out of him what they wanted to find and Cheney wanted to hear, not necessarily the truth.

But don’t take my word for it.  If those memos are released and unclassified, then government officials who might know what really happened are then free to talk about it.  And based upon what I have read about the competing interrogation teams, there are some interesting things to find out.  In other words if those memos are released, their veracity can then be questioned, and people are free to talk about what really happened.  You can bet your sweet bippy that there are many in the CIA who never want to let those memos meet the light of day.  Because when all the conflicting information really gets out, they are going to look like they were involved in Amateur Hour for torturers and interrogators.  What they really wish right now is that Dick Cheney would just shut up and go away. Much like the intelligence for Iraq, he got fed what he wanted to hear and the truth got lost somewhere.  He is so delusional he could not sort out the difference.

All of this leaves one with the undeniable conclusion that we need to fully investigate what happened, what we really found out, and what is the truth.  What we will find will not be pleasant, but it is necessary to end this sorry period in our history.  The one thing we will find out about Dick Cheney is that as George Lucas told Maureen Dowd, Dick Cheney is no Darth Vader.  Darth Vader was once a good person lead astray.  Dick Cheney is the Emperor, evil and flawed through and through.

Note:  Tonight as I write this, the New York Times released a story that those who authorized torture never looked at its use in the past or its effectiveness.  Why would they, they have all seen “24″.  What bothers me about this is that this is all documented in Jane Mayer’s book, The Dark Side.  Anybody read it?