The Torture Week That Was

Andrew Cohen: Sound, Fury And Inaction

(CBS)  It’s been a frenetic week filled with relentless, jaw-dropping news about the Bush Administration’s torture policies and the way the current White House, Justice Department and Congress are dealing with them. We are right this very moment on the precipice of the biggest legal story of the decade, the most important test of our constitutional principles since the Florida Recount or the Clinton impeachment.

But don’t worry. It’ll pass. You can go back to watching American Idol or worrying about who has more followers on Twitter. You can keep watching for Levi Johnston or relax with happy thoughts of Bo, the presidential dog, barking awake his owners the other night. Our current leaders, including Bo’s master, seem committed in an old-school bipartisan sort of way to ensuring that the American people never really get candid answers about how our government’s "end-run" around laws against torture was conceived and executed.

There was no shortage of feckless characters in the torture story this week. Let’s start at the top. President Barack Obama on Tuesday started the cascading wave of blather when he appeared to leave open the possibility of indictments against the architects of Bush’s torture policies, the men who drafted the so-called "torture memos" and the even more powerful men who authorized them. Did he say this to appease his supporters on the left, angry at his "reflection not retribution" talk? Was the former law professor forgetting how hard such prosecution would be to win? We’ll never know-- but so much for the man’s famous curiosity.

We’ll never know because, by week’s end, the White House had backed off, flipped the matter over to Attorney General Eric Holder, and very clearly declared that it won’t create or be responsible for any sort of "Torture Commission." Holder, meanwhile, seemed willing only to confirm that his Department is investigating whether the memo drafters may have violated their "professional responsibilities," which is not the same as an investigation into their potential criminal conduct. Holder knows, probably more than most, just how hard it would be to establish beyond a reasonable doubt that the memo’s drafters broke the law instead of just purposely misinterpreting it.

There was plenty of barely-concealed cowardice on Capitol Hill, too. Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) announced that he preferred a torture commission but hasn’t been able to gain many Democratic supporters to that cause. Sen. Russ Feingold (D-Wis.) urged the White House to wait until the Senate Intelligence Committee completes its own investigation into Bush-era torture practices. And when House Leader Nancy Pelosi (D-Ca.) expressed her support for a "truth and reconciliation" commission on torture her Democratic colleagues in the Senate quickly said forget it.

And that’s just the Democrats. The Republicans were even more cynical. Senate Judiciary Committee Ranking Member Arlen Specter (R-Pa.) quickly denounced the idea of a commission or indictments while comparing the investigation with "a witch hunt." This from a man who in the current edition of the New York Review of Books has a long article entitled "The Need to Roll Back Presidential Power Grabs." What was the Bush Administration’s approach to torture if not such a grab? Sen Specter didn’t say. His folks were too busy "tweeting" negative things about his primary opponent.

"You just have to walk in and ask where the file cabinets are," Sen. Specter said about the prospects of getting to the truth behind the policy. What rubbish. The senator has time to send out negative "tweets" about his primary opponent but not to explain to us how access to those "file cabinets" is going to help get Dick Cheney, Alberto Gonzales, Jay Bybee, John Yoo, Steven Bradbury, David Addington and others to tell their stories, privately or publicly, under oath so that we know what happened.

Meanwhile, Sen. John McCain (R-Ariz.) sheepishly warned that an investigation into torture policies would have a "chilling effect" on the Office of Legal Counsel. Only he meant it as though it were a bad thing. I am for anything that has a chilling effect on government lawyers ginning up faulty legal precedents to justify extralegal conduct. Aren’t you? This isn’t about executive privilege. It’s about whether the highest-ranking members of an administration ordered government lawyers to circumvent established law so that we could torture terror detainees. But virtually all of the same politicians who went to legal war over oral sex in the Oval Office are now shying away from battle over our brutalization of terror suspects under the color of law.

Here’s where we stand at week’s end. The idea of a bipartisan, blue-ribbon Torture Commission is all but gone, the victim of a failing economy, political gamesmanship, and our sadly self-destructive penchant as Americans for willfully ignoring the worst excesses of our history. The possibility of prosecuting Bush officials remains only technically alive because existing law favors immunity for those officials and because the Justice Department isn’t likely to push to be the tip of the spear. And so long as the President talks about avoiding “retribution” (aka “the rule of law”) there will be no meaningful investigation out of the White House, no special prosecutor.

Congress is up to its partisan tricks as it moves forward with its own willy-nilly investigations into the history of our descent into torture tactics. The House of Representatives, being more liberal, is not in synch with the Senate, which does not currently hold a filibuster-proof majority for the Democrats. No one wants to say publicly what everyone is thinking privately: that without immunity for the torture architects they aren’t going to talk and that, without them talking, the truth will never, ever come out.

Someone is going to have to rise up and exercise some political courage to make any of this happen. But the week certainly didn’t reveal in Washington (or anywhere else) anyone capable of this attribute.

[noloyalisti]

Our inaction is a HUGE comment on our nation's sheep of a people. The whole world can see the true nature of American complicity in crimes against humanity. There is only so long we can let the fascists get away with this stuff.

[inventagod]

"In 1983, Texas Sheriff James Parker was charged, along with three of his deputies, for handcuffing prisoners to chairs, placing towels over their faces, and pouring water on the cloth until they gave what the officers considered to be confessions. The sheriff and his deputies were all convicted and sentenced to four years in prison. http://www.npr.org/templates/story/story.php?storyId=15886834

Humpy Parker was at the center of a law enforcement scandal in the 1970s and 80s that was finally interrupted in 1983 when an undercover FBI agent was arrested and subjected to water torture and other illegal tactics. Gary Parker was a patrol sergeant at the time the corruption scandal was uncovered. Parker?s deputies testified at trial that they would park on U.S. 59 and watch for ?long-hairs? driving vehicles displaying a bumper sticker for Houston radio station K-101.

?Humpy? Parker died in 1999 of cancer after he served a 10-year sentence in federal prison. The American Civil Liberties Union also won a judgment against San Jacinto County for three Kentucky residents and a Baytown man. The county was ordered to pay $40,000 per year until each person named in the class action lawsuit received $1,500. News reports at the time indicated thousands of people may have joined the class action lawsuit. The long-running corruption scheme was the subject of a book and movie, ?Terror on I-59.?'

[Stop_the_crying]

Bush lied about WMD, and the Torture. He deserves what he gets. Oh those BLUE STATES. Their Bad.

[quapawsix]

If you do not consider this torture then it's cruel and unusual punishment which is against the law as well and as the lawyers are so quick to point out these people have rights. And the UFCMJ prosecuted the enlisted personnel in the prison scandal in Iraq. And they said they were following orders which any one want to guess , the first three guesses won't count. I'll give you a hint their initials are GWB, DC, DR. And done all under the umbrella name of National Security. Seems to me we hung a whole lot of people after WWII for the same thing.

[nearl451]

Just like with Leprosy.

Shine a little light in and the disease will dry right up.

[two-cats]

Waterboarding and other extra-legal methods of interrogation are torture. Period. To say they are not is to say the moon shines during the day and sun, at night. Civilized countries do not torture and if we condone it, then we are not civilized. It is just that simple.

[McHineguy]

Lets start with a basic fact: THIS WAS NOT TORTURE!!! Certainly not in many peoples minds. So, before going forward with names and retribution lets get a legal ruling that defines torture for the future.

Be prepared to set limits that are realistic. A POW captured in battle might be able to claim that eating MRE (military meals ready to eat) is torture because they dont include his mothers cooking.

My opinion is this whole thing is a desparate ettempt by Bush haters to find a method to attack or embarrass the Bush presidency. And for what propose?

[budmag06]

The torture investigation would be great for two reasons:
1) The public should know who knew about who condoned the torture procedures beforehand then, deny knowing it (Pelosi, Harman)
2) Let the people see what the "mob rule" investigation costs the taxpayer without accomplishing anything.
This should weed out a few corrupt Democrats.

[toldyouso29]

he U.S. just doesn't have the time or luxury of going here. Learn from it and move on.

Forgive your enemies, but never forget their names.
--John F. Kennedy
Posted by cbsantispin at 11:38 PM : Apr 25, 2009


the ONLY things we learn by just moving on is that Americans are above international law and that US officials can commit war crimes with impunity. Somehow that does not strike us as a lesson learned or a practice deterrent.

this sounds sickeningly like a serial killer who wants to not be prosecuted--and wants his victims and the laws to ignore the acts and move on--after all, punishment is not in his personal interest. Republicans want a move on--because punishment would not be in their party's personal interest.

[toldyouso29]

The U.S. just doesn't have the time or luxury of going here. Learn from it and move on.

Forgive your enemies, but never forget their names.
--John F. Kennedy
Posted by cbsantispin at 11:38 PM : Apr 25, 2009


Riiiight...because the new monsters in the future will have the same names or use the very same game plans? Who cares what Kennedy or anyone else said? Bet all those German, Polish, Ukraine, Japanese, soldiers we put to death after the nuremberg trials would have liked us to fall for that bs. The only reason republicans are calling for "forgiveness" instead of punishment is because it is their side who did the evil. I'm an Independent and HAVE BEEN FOR OVER 20 YEARS.... I say:

if we can pursue and punish over land deals, oral activities and lies--we most certainly can and should pursue and punish over torture, wars, deaths and lies--the comparison or hesitation on this is galling--win or lose--we should TRY to do the right thing--no free ride for either party--no matter who was involved. We deter nothing and atone for nothing by sweeping this stench under the rug!!!!

[toldyouso29]

If there is going to be "immunity for the torture architects" why bother with an investigation? This is why Article 9 of the 11th amendment holds us to International law when it comes to acts like this (what country would truly prosecute itself) and this us why that same article prevents our Pres. our congress and yes, even our courts (supreme or otherwise) from ever having jurisdiction---because frankly, torture would fall under war crimes and are a violation of both the Genva conventions, Nuremberg laws and UN laws. All of which we WERE signatories to.

And thankfully, we as a country cannot grant ourselves immunity from breaking international law--our denial and justifications and immunities stop at our own border.

If America is allowed to ignore theuir own war crimes--expect mayhem in the world court--because after not prosecuting our own--our moral stance and censure of others is hyopcrisy.

[knyghtwolf]

bush, cheney, rove and the rest of the monkey spank crew LIKE to inflict pain, LIKED to hear the sound of screaming in the night, the endless begging of mercy played concertos to their ears, it was a power trip, you know....like rape is about POWER, so was torture to the bush regime. They fed on it like a junkie does heroion or crack.

[omnibus66]

Why are we being tortured by the Obamas administration with only half truths?
Posted by Evil_In_The_Eyes at 10:03 AM : Apr 25, 2009
--------------------------------------

Your question is based on your own false perception of reality, and therefore begs a false response. Nevertheless, even if we accept your premise, if Obama's half truths are "torture", what description would you assign to your hero Bush's eight years of innumerable lies and NO TRUTH?

[cbsantispin]

The U.S. just doesn't have the time or luxury of going here. Learn from it and move on.

Forgive your enemies, but never forget their names.
--John F. Kennedy

[kimb54]

Japan waterboarded our troops to gain info about the WMDs that we were about to use. For that many were imprisoned and executed for torture. To justify our invasion of Iraq we waterboarded to manufacture evidence. I have always thought that how during WWII did the population of Japan and Germany justify the horror their leaders did in their name? Just look... it is taking place all around you. Don?t look back LOOK forward to your grandchildren asking WHY!

[Evil_In_The_Eyes]

The Taliban are laughing at us smoking their weed while watching the news today of two women bombers! They are watching us on their HDTV with their shrunken head skulls collection that they so proudly cherish!

[Evil_In_The_Eyes]

Why are we being tortured by the Obamas administration with only half truths? Why do they not stop the waterboarding and release all the things that helped fight terrorism in AMERICA. Who now are the real terrorists against America? I want to know and I want to know now!

[dbrossco]

This is kind of like lowering the speed limit on a stretch of highway to reduce the number of accidents. Then letting the drivers that benefitted from the higher speed limit prosecute the ones that set that speed limit because it turned out to be too fast.

[J_G_H]

Republicans claim that demands for prosecution are political. In truth, it is the demand that there be no prosecution, especially from the vocally law and order Republicans that is political.

Failure to prosecute, especiallly the movers and shakers in the system, is complicity.

[JimmySao]

As per usual with CBS, you've completely missed the point. Obama Never should have released the info to begin with. What a bonehead error. Not only has he POed u lefties by going no further, but he is alienating the middle that he so desperately needs. Torture? Pouring water in the face of a man who would cut the head off your first born just because doesn't fit the description of torture for me... Heaven forbid we had made him put a pair of women's panties on his head, ala Abu Graib... Horrors