The case for investigating the torture of 'detainees' and prosecuting those responsible is clear and irrefutable. Here's U.N. Special Rapporteur on Torture Manfred Nowak in an interview with Glenn Greenwald:
"The United States
of America is a party to the United Nations Convention Against Torture
from 1984, which clearly contains the obligation to make torture a
criminal offense under domestic law... . ...
"...whoever practices
torture shall be brought before an independent criminal court and be
held accountable. That is, the torturer, him or herself, but also those
who are ordering torture practices, or in any other way participating
in the practice of torture. This is a general obligation, and it
applies to everybody; there are no exceptions in the Convention."
Those opposed to "looking backward" call the prosecution of war criminals --e.g. Bush, Cheney, Rumsfeld-- a political exercise in vengeance. David Broder in today's Oregonian, for example, asks of the Obama administration: "Do they now go back and investigate or indict their predecessors?
No, he says:
"That way, inevitably, lies endless political warfare. It would set the
precedent for turning all future policy disagreements into political or
criminal vendettas. That way lies untold bitterness -- and injustice."
"Policy disagreements?" No, David Broder. The authorization of torture is no simple policy disagreement. It's a criminal violation of both domestic and international law. The United States is obligated to investigate and then, if evidence of criminal wrongdoing is found, prosecute those responsible.
There is no morally acceptable alternative.
So what's Obama afraid of? The collapse of bipartisanship? What bipartisanship? The Republicans will oppose Obama no matter what he does, so why bother with the charade?
I think the real issue for Obama is the fear of these guys, nominally Democrats, but otherwise quite conservative on most of the issues that matter to Obama (health care is a big one.)
My advice to Obama is to do the right thing. Let the Congressional committees hold their hearings on torture. Let the justice department investigate. If it comes to it, allow without objection the appointment of a special prosecutor.
In other words, Mr. President, take the moral high road. Ignore the 'advice' of the insufferable David Broder*.
*(Glenn Greenwald, who may be the best online columnist/blogger out there, called Broder's op-ed piece a "truly wretched screed":
"The very same pundits and establishment journalists who today are
demanding that we forget all about it, not look back, not hold anyone
accountable, are the very same people who -- like Broder -- played key roles in hiding, enabling and defending these crimes."
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