History is Happening Now

January 16, 2009

I’ll Take a Glass that’s Half Empty

Filed under: Uncategorized — Ian @ 12:11 am

The Orwellian craziness that George W. Bush has foisted upon this country was beaten back somewhat today when Eric Holder, Obama’s choice to be the next Attorney General, appeared for his confirmation hearing before the Senate Judiciary Committee.

Whatever their views may be about the morality and/or effectiveness of torturing detained terrorists, most Americans are offended when they hear Bush and his spokespeople deny that the government has tortured detained terrorists.

Americans find it offensive to hear their politicians lie in an obvious, blatant way, and it is blatantly obvious to the vast majority of Americans that Bush and his spokespeople are deliberately lying when they claim that waterboarding is not torture. This ridiculous lie puts Bush’s right-wing supporters in the awkward position of having to either (a) repeat and defend Bush’s lie (and I’ve heard them do it on right-wing talk radio) or (b) acknowledge the truth but still defend Bush’s decision to lie as a morally acceptable decision. 

And our journalists are put in the awkward position of having to use pathetic phrases such as “harsh interrogation techniques” to avoid implicitly acknowledging what nearly everyone knows — that the president is lying. Like it or not, Bush’s lies don’t end with Bush himself — they spawn new lies throughout our media and culture, like an infection that quickly spreads.

I believe this is true everywhere: when politically powerful people lie, it makes it significantly harder for less powerful people to engage in an honest debate about what they want for their country — which is why tyrants constantly lie to their people.  The world George Orwell describes in his book, “1984,” is about a society where official government lying is so endemic that rational thought is effectively criminal.

Even if you think torture is acceptable and necessary, you must admit that Bush was leading our country in the direction of Orwell’s dystopia when he denied that his administration approved torture.

Eric Holder, Obama’s choice to be the next Attorney General, says waterboarding is torture. I let out a huge sigh of relief when I read this evening that Holder will publicly acknowledge the truth about our national torture policy, which means our policy-makers can begin to discuss waterboarding and other interrogation-related issues publicly without resorting to a bizzare, jargon-laden doublespeak. It means when Holder and other politicians use the word “torture,” we can assume they are speaking English, and not some absurd beaurocratic language they invented to avoid telling the truth.

From the Politico:

Holder’s unambiguous answers on torture stood in contrast those given by Michael Mukasey – then President Bush’s attorney general nominee — a year ago, when he repeatedly dodged questions about the legality of waterboarding.

Holder did not. When Judiciary Committee Chairman Patrick Leahy said Thursday that he considered the practice to be torture, Holder did not equivocate. “I agree with you, Mr. Chairman, waterboarding is torture.”

Holder also rejected the argument made by Bush administration officials that the president’s power in a national emergency overrode constitutional restrictions.

“No one is above the law,” Holder said.

Holder’s admission came only a few days after the absurdity of the Bush Administration’s lying became especially hard to handle, when the Washington Post reported this:

The top Bush administration official in charge of deciding whether to bring Guantanamo Bay detainees to trial has concluded that the U.S. military tortured a Saudi national who allegedly planned to participate in the Sept. 11, 2001, attacks, interrogating him with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, leaving him in a “life-threatening condition.”

“We tortured [Mohammed al-]Qahtani,” said Susan J. Crawford, in her first interview since being named convening authority of military commissions by Defense Secretary Robert M. Gates in February 2007. “His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution.

Crawford, a retired judge who served as general counsel for the Army during the Reagan administration and as Pentagon inspector general when Dick Cheney was secretary of defense, is the first senior Bush administration official responsible for reviewing practices at Guantanamo to publicly state that a detainee was tortured.

Crawford, 61, said the combination of the interrogation techniques, their duration and the impact on Qahtani’s health led to her conclusion. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent. . . . You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture, she said.

Living in a world where that article goes to press and then Bush and Co. continue to insist that they do not torture — would be unbearable for anyone who values honest public debate. So Obama and Holder are clearly leading our country out of the craziness of the Bush years, and not a moment too soon.

But it seems they cannot lead us all the way.

I’m glad to live in a world where rational thought is NOT criminal — and I plan to exercise my freedom by thinking this:

If waterboarding is torture, and if George Bush (or somebody who worked for George Bush) approved waterboarding, then George Bush (or somebody who worked for George Bush) approved torture.

And if approving torture is illegal, then George Bush (or somebody who worked for George Bush) broke the law.

And if the purpose of having an Attorney General is to enforce the law through criminal prosecutions, then isn’t it the Attorney General’s PURPOSE to prosecute George Bush (or somebody who worked for George Bush) for approving torture? Isn’t that why we have an Attorney General?

Some might argue that the President is above the law due to his extremely high office, and can’t be prosecuted by the Attorney General. But Obama clearly doesn’t accept that excuse — he has said repeatedly that “no one is above the law,” when asked about Bush’s torture policy. But Obama has also implied — without actually explicitly saying — that Holder won’t prosecute Bush officials for torture.

It seems that while Holder didn’t weigh in specifically on the question of whether to prosecute Bush officials for ordering torture, he did indicate that he isn’t inclined to do so:

Sen. Orrin G. Hatch (R-Utah) asked whether Holder would authorize criminal prosecutions of Bush Justice Department lawyers who approved “extraordinary redition” and the warrantless wiretapping of U.S. citizens.

“We don’t want to criminalize policy differences that may exist between the outgoing administration” and the incoming Obama administration, Holder said.

Holder’s view echoes that expressed by President-elect Barack Obama, who has so far indicated that he is not interested in pursuing such investigations.

So it seems we still live in a country where rationality still doesn’t reign supreme. But a half-sane world is better than nothing — and the benefits of accepting a half-portion of insanity for a few more years may outweigh the costs.

8 Comments »

  1. Well Joe Klein made, in his words, a cagey suggestion that Obama preemptively pardon Bush, Cheney, and Rumsfeld and then see if they accept the pardon or then basically force the prosecution.

    Comment by John — January 16, 2009 @ 10:49 am

  2. I like Klein’s idea, if it can work.

    Comment by Ian — January 16, 2009 @ 11:39 am

  3. Is it possible for someone to “accept” a pardon — as opposed to just being pardoned or not pardoned?  I think it’s a bad idea, because part of Obama’s goal should be to create an environment where future president n will feel constrained by the law, regardless of his/her personal extremism.  If you know president n+1 will as a matter of course pardon you, then you can do basically anything you like.

    Comment by Lee — January 16, 2009 @ 2:36 pm

  4. I agree with Lee that it’s important for presidents to feel constrained by the law. But what happens if prosecutions go forward, and the political costs of the prosecutions are perceived to outweigh the benefits? In other words, what if Obama goes forward with prosecutions, and then these prosecutions seem to undermine everything else Obama is trying to get done? In that case, a future president n might feel free to break the law, confident that his/her successor wouldn’t repeat Obama’s mistake.

    I’ve heard, for example, that the Iran/Contra affair provided plenty of justification to impeach Ronald Reagan — but Dems chose not to do so because they believed it would be bad for the country to have another impeachment scandal so soon after Watergate. (Apparently, the country was “ready” for another impeachment by the time of Clinton’s affair with Monica Lewinsky.)

    What I like about Klein’s idea to pre-emptively pardon Bush & Co. is that it establishes that they broke the law without forcing them to endure criminal prosecutions, allowing the country to “move forward” as Obama puts it, but without holding them above the law.

    I have a question: When will we know for certain whether prosecutions will occur? Is there a statute of limitations, legally or politically, for Obama? Or can he wait until after the midterm elections? Or after he wins reelection? Is is necessary for Obama to launch prosecutions immediately, or can he wait?

    Comment by Ian — January 16, 2009 @ 3:17 pm

  5. The thing Obama should do is give the task of investigating/indicting people to a special prosecutor who will be empowered to investigate anyone — including Democrats who through their complicity may be criminally liable for the crimes of the last eight years.  The prosecutor could be someone like Patrick Fitzgerald — an honest-broker Republican.

    The political point is further that such prosecutions need not be framed in a partisan way.  Obama should say, “If I commit crimes, I hope my successor will investigate them and prosecute me.”  Or:  “There’s not one set of laws for Democrats and another set of laws for Republicans.  There’s only one set of laws:  the laws of the United States of America, which apply equally to the high and the mighty and to the weak and desperate.”

    Iran/Contra is a great example of serious government criminality yielding no penalty — which then enabled the far more severe criminality of the last eight years.  Democrats, as they often do, refrained from rocking the boat.  For their bipartisan efforts, they had their sitting president impeached on silly/relatively minor charges.  Republicans weren’t concerned about the “political costs” of impeaching Clinton, and as far as I can tell they didn’t suffer any costs.

    If Obama doesn’t initiate an investigation, then president n will with certainty feel empowered to do what he/she wants.  If there is an investigation, there is some chance (not a guarantee) that n will be constrained.

    Comment by Lee — January 16, 2009 @ 3:37 pm

  6. I would disagree that Republicans paid no price for the impeachment of Bill Clinton. Although it’s hard to make the argument that it hurt the Republicans significantly — the eight years following Clinton’s impeachment were marked by a historically high level of Republican power — I believe the Republicans’ intense persecution of Clinton served to reinforce the notion in many American’s minds that Republicans put party ahead of country.

    I really like the idea of an independent prosecutor — but I can still imagine a situation where right-wing opinion makers seek to characterize a prosecution as a partisan effort to demonize and victimize Bush — and a situation where right-wing opinion makers engage in a forceful, sustained campaign to defend and even promote the use of torture as necessary to protect this country. If there could be prosecutions without the direct involvement of Obama or Congressional Dems, that would be ideal, in my opinion — especially since, as Lee points out, some Dems could end up in the line of fire.

    Comment by Ian — January 16, 2009 @ 4:55 pm

  7. Lee, to answer you question, someone must accept a pardon and the act of acceptance in considered an admission of guilt under the case law.

    Comment by John — January 17, 2009 @ 12:18 am

  8. Well, then it actually might be amusing for Obama to do what Klein suggests — on the understanding that if Bush & co. do not accept, Fitzgerald will be unleashed on them.

    Comment by Lee — January 17, 2009 @ 5:12 am

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