Demanding Accountability for Bush-era Torture
Today, McClatchy featured an opinion piece by the ACLU's National Security Project Director Jameel Jaffer and attorney Ben Wizner about accountability for Bush-era torture.
If you've been paying attention to the news, by now you know that last week, in response to an ACLU lawsuit, the Justice Department released four horrific memos that provided the legal basis for the CIA's torture program. And yesterday, the Senate Armed Services Committee released a declassified report on the Defense Department's treatment of detainees in U.S. custody (PDF), providing even more evidence that the torture program was choreographed at the highest levels of government.
In the op-ed, Jameel and Ben write:
If we were to rule out prosecutions of people who followed legal advice — while simultaneously ruling out prosecutions of officials who authored or commissioned that legal advice — nothing would prevent any lawyer for any President from telling any interrogator that he could do anything to any prisoner…
…Ruling out prosecutions of political leaders would also send a message to the world that Americans approve of the torture policies that were adopted in their name.
The Bush administration developed its torture program in secret, and the American people were never consulted about the program's morality, legality, or efficacy. But at a certain point — a point that we passed several years ago — enough information became public that we could no longer plead ignorance of the facts.
Restoring the moral authority of the United States will require us to repudiate the Bush administration's torture policies, but we cannot credibly do so while we are condoning a cover-up…
…The available evidence warrants a criminal investigation. If an independent investigation confirms what already seems inescapable — that senior officials authorized torture — then the Justice Department must do what it was established to do: enforce the law.
Apr 23rd, 2009 at 2:08pm
Torture is a crime and anyone guilty of torture deserves some serious jail time.The right winger would probably prefer however that the jails should be reseved for pot smokers,Muslims and immigrants.
Apr 23rd, 2009 at 3:27pm
"The Bush administration developed its torture program in secret, and the American people were never consulted about the program’s morality, legality, or efficacy."
Considering the source, I won't hold my breath for some recognition that the American people *were* consulted through their reps in Congress. After all the big lies--such as using the Orwellian tactic of simply adopting the term "torture" when it suits one's purposes (as if there was no dispute)--seem to play best here.
Apr 23rd, 2009 at 4:02pm
I say we torture every one of these terrorist. If it keeps one American from being killed it is worth it. These terrorist have morals,(just not good ones) they are willing to die inorder to kill Americans. So they must be willing to be tortured for their cause as well. If your aganst it, maybe you should watch those planes full of our friends and family being flown into the world trade center again. How many must die for it to be OK to torture a few terrorist? Would you torture a terrorist if you knew it would save all those we lost on 9-11? I'd say bring on the waterboard!
Apr 24th, 2009 at 4:21am
Dave W, torturing these people is worth it??? So are you sugesstting that we execute every murder, child rapists, gang members, drunk drivers and every other criminals in this country because it would make us safer??? I think not! We also need to have the justice department look into the Bush administrations illegal, violating our 4th amendment right, wiretapping of American citizens
Apr 24th, 2009 at 8:11am
Is there no such thing as rule of law or independence of the judiciary in USA? How does the USA claim its leadership in the world and quest for democarcy and human rights if it cannot prosecute law offenders in its own country? The US has a history of rejecting UN resolutions condemning its blatant violations of international law - Bosnia, Nicaragua, Honduras, Iraq, Vietnam, Cuba. Ok. Lets forget everything else for now. whats stopping Americans from trying the Bush Administration in US courts, if not for going to war in Iraq, at least for human rights violations of dentainees? " Change has come to America". When Obama said that, most people around the world ( outside the US i mean) rolled their eyes or burst out laughing. They still are.
Apr 24th, 2009 at 9:51am
There is no justification for torture.
Besides being ethically and morally wrong it has never been shown to produce reliable information that was useful to anyone. It's a political tool used to instill fear and false confessions. I think people have to remember that a hand full of unethical people that were in power crossed the line.
Apr 24th, 2009 at 10:00am
"The ACLU is our nation's guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country."
Based on your comment for the reason for the ACLU is to protect Americans; our law does not apply to our enemies, especially terrorist who are not part of any country at war with the US. Therefore, our laws do not apply nor does the Geneva Convention to terrorist!
ACLU terror tactics by bulling others in the US in order to get your opinions and political liberal ideas across does not help the US and only strengthen our enemies.
Where are you when other countries torture our people and especially the terrorist?
I am a democrat and I just cannot believe why you people continue to waste our time and dollars. If it were up to me, I would fire ALL of you and ship you to the Middle East so you can experience the freedom they have so hopefully in the future, you can get back to protecting Americans.
Apr 24th, 2009 at 11:28am
The self-righteous indignation sickens me. Where is this organization when real injustices occur? Such a colosal waste of time, energy, and resources. This organization is down right SLIMY!
Apr 24th, 2009 at 12:55pm
WHY DON'T YOU MOVE YOUR HEADQUARTERS TO TEHRAN TO BE WITH THOSE WHO LOVE AND SUPPORT YOU AGAINST AMERICA?
Apr 24th, 2009 at 1:06pm
Dave,good to hear some sense on this socialist web site. The muslim extremists are animals and they have no morality or legality. You can not fight an enemy with a scumbag aclu lawyer over your shoulder. Sadly, the fools that run this website have law degrees and they are turning this nation into another france. Every one of these aclu cowards should join the military reserve. They wont though because they are the enemies within.
Apr 24th, 2009 at 1:34pm
I agree with Dave W.re: protecting American Lives.
AND one could ask "What Moral Authority" is Obama speaking about when he, the ACLU, Planned Parenthood, and MANY Liberals call Abortion, "Protecting a Woman's health" and scream out about the rights of terrorists. "Don't use tactics" to gain info to save even an ALU member's child or grandchild,for example.. But instead make it your life's work to Uphold the torture that unborn babies are subjected to and the horrific abuse of the mother by invading her womb and ripping out the life that was within.
THERE IS NO CONVINCING SOME POLITICAL GROUPS THAT TAKING A LIFE THROUGH ABORTION ON DEMAND IS UNCONSTITUTIONAL, POLITICALLY INCORRECT, AND JUST PLAIN WRONG!
MONEY is being made hand over fist on stopping the hearts of unborn babies FOR CONVENIENCE and for INCOME.
Doctor's take the Oath. "FIRST DO NO HARM" ABORTION is DOING HARM.
But POLITICIS, WRONG-HEADED IDEALISM, AND MONEY, MONEY ARE STRONGLY INFLUENCING OUT CULTURE RIGHT NOW.
I KNOW I speak for the majority of AMericans.
Apr 24th, 2009 at 1:36pm
Torture is not water boarding torture is what these heathens do to our boys. If I had a choice between water boarding and real torture gee which one would I pick?? If they are terrorists I say torture the hell out of them....Just like do us...ACLU needs to stay out of this. Water boarding works!!
I am so sick of catering to criminals, they should have ZERO rights period.
Apr 24th, 2009 at 1:37pm
Hurray for you Dave!
Apr 24th, 2009 at 1:40pm
By the way, ALCU blogger checker, let's see if honest and protected by the Constitution "FREE SPEECH" is really honored on this site.
I will be checking back!
Thanks
Apr 24th, 2009 at 1:47pm
Ok - the ACLU has now truly become the enemy of the America people. have you lost your minds??? I don't care if these animals are tortured, beaten, or set on fire like the 3000+ people lost in the WTC. The CIA, Pentagon any ALL our armed forces should to whatever it takes to keep up safe. Shame on you ACLU..Bet you'll be first to cry foul we we're attacked next.
Apr 24th, 2009 at 2:02pm
I don't know where these ACLU people come from. It's enhanced interrogation; not torture. These people suffer NO lasting effects of the interrogations and wouldn't give up any information at all if they knew we couldn't do anything to them. Terrorists are also NOT protected by the rules of the Geneva Convention. It's interesting that the ACLU cares more about the rights of terrorists than they do the safety of the American public. I'm just glad Bush and Cheney had the guts to do what was necessary.
Apr 24th, 2009 at 2:03pm
I'm wondering if all of the individuals wanting the prior adminstrations convictions really understand what this has done. This behavior in the protecting the terriorist, seems to be more intrested in them than the man and women protecting this nation. Everyone will second guess what they are doing and how what they do will effect their freedom in the future. Thank you all for making this nation a little less safe.
Apr 24th, 2009 at 2:27pm
The Bush administration did NOT do the torture program in private. Nancy Poelse signed with all of the other democrats to go a head with harsh torture. Now she wants to lie and say she didnt. Dont be stupid! All the people that voted for Obama got dupped by Nancy. She is running the country and has Obama under her thumb. Thats pretty scarry. I didnt see the ACLU coming to the aid of my friend that ganged. I guess it was because he was white and the people that ganged him were black.
Apr 24th, 2009 at 3:39pm
Why does this blog seem more and more like a convention of serial killers.
Apr 24th, 2009 at 5:04pm
Why does it seem like Paen is a racist? People that don't agree with you are "serial killers" and "right wingers" want to reserve jails for "Muslims and immigrants". I would think that any honest American, regardless of background, would want terrorists to be imprisoned. I guess it's a habit for you to resort to name calling when you have no LOGICAL defense of your position.
Apr 24th, 2009 at 5:12pm
Where is the ACLU Freedom of Information request for the names of the members of Congress that were briefed? It appears clear that Pelosi and many others who are now feigning ignorance and outrage knew of these techniques. If the ACLU really is in favor of "getting to the truth" then they will request those names, as well as what was told to them. They will also request the rest of the story from the memos be released - the parts that tell of how many American lives were potentially saved by these techniques. Of course they will never request that information since it does not benefit their agenda.
Apr 24th, 2009 at 5:20pm
Our Navy Seals, Green Berets, and Army Rangers all go through far worse than what these prisoners went through - and they do it so they can better protect all Americans, including the lawyers for the ACLU. How can it be torture if we subject our own military elite to worse? These photos will become recruitment ads for the terrorists, even as they show their own photos of them beheading and torturing our brave military and non-military men and woman. Great job ACLU - you should be proud of the job you are doing for them.
Apr 24th, 2009 at 9:18pm
To Paen:
You have something against serial killing do you Paen?
Great! You must be pro-life. Because billions have had their lives ended under the liberal-left's guise of "protecting women"
It HARMS women, and Takes a life, not without great pain and trauma to the defenseless unborn. The HUMAN, LIVING unborn child.
It's way past time to THINK and to act as a moral Nation should.
Any Nation who kills their own young, shall never prosper...(Quote)
Apr 24th, 2009 at 10:23pm
Paen, because we are Americans and we believe in protecting or kids and family.
Apr 24th, 2009 at 11:32pm
Right on Dave! The ACLU and other far-left organizations are dedicated to the destruction of this country. They are far more concerned about the rights of terrorist and criminals than the safety of americans and the law abiding. Read "The ACLU vs. America" by Alan Sears if you want to see what punks like Anthony Romero have in store for our nation.
Apr 25th, 2009 at 3:23am
It probably means that you, along with the ACLU,are out of touch with reality.
It would be nice if you and other like-minded folks would join the ACLU in moving to Tehran, Cuba, Venezuela, or North Korea.
You even have a choice of selections!
Check out your freedoms in those countries. If you don't like what you find, feel free to stay there and fight for their freedoms.
Apr 25th, 2009 at 4:16am
Torture is a crime and all those who committed torture should be brought up on War Crimes and be held accountable starting with President Bush and VP Cheney.
Apr 25th, 2009 at 9:08am
Endorsing torture is a slippery slope. No one wants their loved one to be on the receiving end. If it is acceptable for our government to torture terrorists then it's acceptable to torture U.S. citizens. Remember this was the same administration that decided they could declare anyone an enemy combatant.
Apr 25th, 2009 at 9:28am
Paen, no one said any thing about killing someone. Maybe its you who are secertly the killer.I have never been to a serial killer convention but it sounds like you have if you know what its like. I have killed a bowl of cereal before though.
Apr 25th, 2009 at 11:43am
I have only read the first memo, but it seems to have been written in a vacuum: Does the person to be waterboarded voluntarily hop onto the gurney? Or does the interrogator threaten, coerce, or assault the person to get him into position? What threats are used to get the person into the box if he resists, or into a position supporting all his weight on his fingertips? What happens if he resists? Is there a gun to his head?
Apr 25th, 2009 at 12:07pm
I am new to posting here but its pretty clear now that I have had 2 post deleated by the mods that the ACLU doent practice what they preach. For shame. I guess they do not like the truth.
Apr 26th, 2009 at 10:59am
Stay out of it ACLU none of your business! You people are such a waste of money. Your love for protecting the evil people that hate Americans is so scary.You must want another 911. I say torture them water boarding is way too nice.
Apr 26th, 2009 at 1:13pm
Shame on you ACLU for providing ammunition to enemies anxious to kill our American youth in the Middle East to protect your butts!
Apr 26th, 2009 at 1:23pm
Oh, sure! U didn't accept my blogging that took me an hour to write! And it was quite poignant! Now, I'll just be mad.
I do want to make the point that release of 'torture' photos not only endangers our military, but agitates the angry chaotic environment in this country today. The majority of us are afraid of what our futures hold, and that of our children...bankruptcy, debt, terrorist attacks, government control of everything!
I hate war. I think all people on the planet should love one another. I made an effort to understand why this ideal is not immediately feasible. So, ACLU, pick up a history book and read it!!
And, savor your freedom to consort with those who want us dead. It'll be a good memory when we no longer have anyone to protect us.
Apr 26th, 2009 at 4:06pm
TORTURE THESE TERRORIST THUGS!!! What is wrong with you bloggers who care more about these terrorists than your own countrymen? I don't get it...these thugs have no rights under OUR constitution and during wartime if you need to use the tactics that were used by the Bush administration then you do it if it means a single citizen is safe. I don't understand why you people who love these terrorists don't get out of our country?
I will say, if there is going to an investigation then Pelosi, Reid, Obama, etc...had better be prepared for their roles in okaying everything that was done because they knew and said NOTHING against it, so go ahead with this unpatriotic witch hunts because the truth will come out.
Apr 26th, 2009 at 4:08pm
The ACLU is the mot unpatriotic organization I'v ever heard of. What exactly do they think they're going to accomplish with letting our secret memos be revealed to our enemies, except having those over on foreign subjected to killing and prosecution? Leave our brave patriots alone you corrupt organization. I am going to look into having your organization be brought up on treason charges.
Apr 27th, 2009 at 2:00pm
Look at all of the love from people who appear to have received all of their information from Sean, Bill, or Glen. It makes me proud of the ACLU for supporting their right to free speech.
It's heartwarming to read that people feel so strongly about their personal safety and getting revenge that they are willing to revert to how we behaved hundreds or even thousands of years ago.
Apr 28th, 2009 at 9:55am
roald, sounds like you sir are miss informed and brain washed by the cnn and msnbc people. I care for my fellow Americans and there saftey. You sir only care for the safty of a person who is trying to kill us. Would your mother be proud? Better yet are you proud of supporting terrorist and there livley hood in the U.S. and to know the truth they would kill you and your whole family. Do you think there care for you as much as you do for them?
Apr 28th, 2009 at 6:58pm
# Paen Says:
[b]April 24th, 2009 at 3:39 pm
Why does this blog seem more and more like a convention of serial killers.[/b]
Are you for real? Why don't you step the hell out of the bubble you seem to be living in...and take a good look at the real world. Since the Beginning of time...there has been a battle between good and evil. And it will stay that way until the end...when the LORD returns.(if you even believe in him)
Without The Military that we have had for over 200 yrs....this country wouldn't have lasted this long. There are entities globally that want nothing more than the destruction of the Free world...especially America.
You spew so much crap....and your latest rant about the posters being likened to serial killers...shows that you have the same flawed mentality as Mrs Napolitano for calling us Veterans potential terrorists.
So just stay in your bubble....and keep clicking them heels together and ranting "theres no place like home".....because I doubt very much you will ever end up in Kansas.
But what I do know....is that people like you.....are the catalyst that is breaking this Countries Honor and Direction. And for what its worth....there are thousands of my Brothers and Sisters stateside.....sitting and watching.
And know this....that when....and that is not IF....WHEN we get attacked....we will help not one of you...and will only MOP UP what the HEATHENS couldn't accomplish.
So here we sit ...divided and mislead by an USURPER in the whitehouse.
Semper-Fi!
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