PROSECUTING TORTURE AS A DISTRACTION FROM THE ECONOMY
When the “Torture Memos” were released a couple of months ago, President Obama took what I thought was the correct course; acknowledge the episode in our history, condemn it, pledge that it won’t happen again, and move on into the future:
This is a time for reflection, not retribution. I respect the strong views and emotions that these issues evoke. We have been through a dark and painful chapter in our history. But at a time of great challenges and disturbing disunity, nothing will be gained by spending our time and energy laying blame for the past. Our national greatness is embedded in America’s ability to right its course in concert with our core values, and to move forward with confidence.
I still believe this is exactly the correct course of action, albeit with one caveat; investigate this “painful chapter in our history” so we can discover how this happened.
It is obvious to any rational, thinking, fair minded individual that the Bush Administration did not undertake this torture regime lightly, nor did they carry it out for self-aggrandizing purposes, nor did they believe they were in the wrong. Their motives were to protect the country - as it turns out, at too high a cost. They were not looking for political advantage. They were looking for information.
There is a dispute over whether they got anything of value from their illegal actions, but using hindsight to judge the torture regime purely on efficacious grounds is nonsense. In their view, they had to try. That was the whole point of what even they acknowledged several times was shaky legal activity.
I don’t happen to think it was that close of a call legally but others have made some cogent arguments that the Bush administration did indeed walk a fine legal line. I reject those arguments as sophistry because they are given “after the fact” as justification for actions already taken. There were enough lawyers in the Bush Justice Department who knew better and protested prior to the illegal torture that there should be little doubt that the fig leaf of legality supplied by Yoo and others was inadequate to the situation.
Surely, there must be some kind of investigation into how the Bushies arrived at the decision that what they were doing wasn’t torture despite ample evidence that it was. Their overriding argument appears to be that “it really didn’t hurt that much” because they took precautions (such as limiting the time a prisoner would be forced to undergo waterboarding) and that the pain they inflicted left few marks and healed in a matter of days.
Once the psychological barrier against torture was broken, it appears that things got out of control from there. So yes, let’s investigate. But prosecute?
Attorney General Eric H. Holder Jr. is leaning toward appointing a criminal prosecutor to investigate whether CIA personnel tortured terrorism suspects after Sept. 11, 2001, setting the stage for a conflict with administration officials who would prefer the issues remain in the past, according to three sources familiar with his thinking.
Naming a prosecutor to probe alleged abuses during the darkest period in the Bush era would run counter to President Obama’s oft-repeated desire to be “looking forward and not backwards.” Top political aides have expressed concern that such an investigation might spawn partisan debates that could overtake Obama’s ambitious legislative agenda.
The White House successfully resisted efforts by congressional Democrats to establish a “truth and reconciliation” panel. But fresh disclosures have continued to emerge about detainee mistreatment, including a secret CIA watchdog report, recently reviewed by Holder, highlighting several episodes that could be likened to torture.
Holder’s decision could come within weeks, around the same time the Justice Department releases an ethics report about Bush lawyers who drafted memos supporting harsh interrogation practices, the sources said. The legal documents spell out in sometimes painstaking detail how interrogators were allowed to subject detainees to simulated drowning, sleep deprivation, wall slamming and confinement in small, dark spaces.
Prosecutions would no doubt please some on the left who want a pound of flesh from Bush administration officials. But is the administration really that keen on reigning in Holder and preventing him from looking at this “dark chapter in our history?”
Methinks the Obama administration doth protest too much. A distraction like this is just what the doctor ordered to take people’s minds off the fact that the stim bill isn’t working, that there is a growing call from Obama’s left flank for a second stimulus measure, that his cap and trade bill is in big trouble in the senate, and that it is far from certain that his his health care plan will come out the way he wants - with a public option that will be paid for without taxing the middle class.
Rallying his base to the cause of prosecuting Bush administration officials for torture will also take their minds off how he has betrayed them on a host of issues from gay rights to his agreement to indefinite detentions of terrorists.
So might this unleashing of Holder on Bush era torture crimes be nothing more than a distraction from the woeful economy that is resisting the president’s importunings to improve? Obama wouldn’t be the first president to use the tactic and he wouldn’t be the last if that is his game.
A good old fashioned investigation with strategic leaks and the spectacle of Bushies marching into the Justice Department to testify would serve as excellent bait for the media who no doubt would go overboard in their coverage of the hated Bush administration’s torture policies.
Bread and circuses worked for the Roman pro-consuls who used the spectacles to distract a populace constantly on the verge of starvation.
Why not Obama?



