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 Bush’s Legacy of TorturePosted on Jul 28, 2008I still find it hard to believe that George W. Bush, to his eternal shame and our nation’s great discredit, made torture a matter of hair-splitting, legalistic debate at the highest levels of the United States government. But that’s precisely what he did. Three previously classified administration memos obtained last week by the American Civil Liberties Union add to our understanding of this disgraceful episode. The documents are attempts to justify the unjustifiable—the use of brutal interrogation methods that international agreements define as torture—and keep those who ordered and carried out this dirty business from being prosecuted and jailed. The memos don’t call it torture, of course. Heavily redacted before being surrendered to the ACLU under a Freedom of Information Act lawsuit, the documents refer euphemistically to “enhanced techniques” of interrogation. Changing the name doesn’t change the act, however. One memo, written in 2004, specifically makes clear the administration’s view that “the waterboard” is an acceptable way to extract information. Waterboarding, a technique of simulated drowning, is considered torture virtually everywhere on earth except in the Bush administration’s archive of self-exculpatory memos, directives and opinions. The most stunning of the memos—written in August 2002 by Jay Bybee, who was head of the Justice Department’s Office of Legal Counsel—makes the incredible claim that unless a torturer has the “specific intent to inflict severe pain or suffering,” no violation of U.S. laws against torture has occurred. Bybee, since appointed to the federal bench, wrote that the torturer needed only the “honest belief” that he was not actually committing torture in order to avoid legal jeopardy. Oh, and Bybee added that it wasn’t even necessary for that belief to be “reasonable.” Advertisement Perhaps that question was dealt with in the nine-tenths of the memo that was redacted before the administration handed it over to the ACLU. The memo never would have been released at all if the government hadn’t been ordered to do so by a federal judge. The whole thing would be laughable if it were not such a rank abomination. No government obeying the law needs a paper trail to absolve its interrogators of committing torture. Conversely, a government that produces such a paper trail has something monstrous to hide. It is not difficult to avoid violating federal laws and international agreements that prohibit torture. Just don’t torture people, period. The idea that there exists some acceptable middle ground—a kind of “torture lite”—is a hideous affront to this nation’s honor and values. This, perhaps above all, is how George Bush should be remembered: as the president who embraced torture. I wouldn’t be surprised if, as he left office, Bush issued some sort of pardon clearing those who authorized or carried out “enhanced techniques” of interrogations from any jeopardy under U.S. law. International law is something else entirely, however, and I imagine that some of those involved in this sordid interlude might want to be careful in choosing their vacation spots. I’d avoid The Hague, for example. Barack Obama has stood consistently against torture. John McCain, who was tortured himself as a prisoner of war in Vietnam, has denounced torture as well—and, although he voted against restraining the CIA with the same no-exceptions policy that now applies to military interrogators, he has been forthright in saying that waterboarding is torture, and thus illegal. On Inauguration Day, whoever wins, this awful interlude will end. The clear and urgent duty of the next president will be to investigate the Bush administration’s torture policy and give Americans a full accounting of what was done in our name. It’s astounding that we need some kind of truth commission in the United States of America, but we do. Only when we learn the full story of what happened will we be able to confidently promise, to ourselves and to a world that looks to this country for moral leadership: Never again. Elsewhere: . CommentsAre you a Truthdig member yet? Login now, or register with Truthdig. Add Your Comment
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America Performs Its Familiar Role of Propping Up a Dictator
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By M Henri Day, August 3, 2008 at 10:49 am #
«I still find it hard to believe that George W. Bush, to his eternal shame and our nations great discredit, made torture a matter of hair-splitting, legalistic debate at the highest levels of the United States government.» That - the inability, or more accurately, unwillingness to accept that Mr Bush had few scruples when it came to matters like torture - on the part of Mr Robinson and his journalist colleagues (after all, anyone knowing of Mr Bush’s treatment of deathrow prisoners seeking commutation of their sentences to life imprisonment during his period as governor of Texas should have realised what manner of man he was and is) and a lack of courage to insist that what was known about these matters be published in their columns and articles must bear a large part of the responsibility for the fact that these perversions have continued unabated during these last nearly eight years. But it is important to recall that the torturing of prisoners/detainees was not something conjured up only recently by US interrogators unduly influenced by the textbooks produced by those dastardly Chinese, as per the headlines in the corporate media - readers of Donald Duncan’s «The new legions» from 1967 will remember his description of how classes in which soldiers were ostensibly taught how to resist torture by enemies, were, in fact, designed to teach them how to perform torture on these enemies, despite possible objections on the part of «the mothers of America». As Dr Franklin pointed out, in reply to a query regarding the results of the Constitutional Convention, «a Republic, Madame, if you can keep it». «You», it would seem, could not, and got instead an Empire, and along with the latter its inevitable concommitants - war, murder, and torture. Messrs Bush and Cheney are, alas, nothing new under the sun….
Henri
Report thisBy yellowbird2525, July 30, 2008 at 11:47 pm #
media censorship is the reason behind no information being given out & most of TV is owned by 5 basic large Corp’s working with Gov since Clinton; they started the “truth is relative” thinking they are gods (small G) & whatever they say no one is to challenge or question. Unless you have access to independent media you have no clue what is truly going on. And unless you STUDY to find the truth, you will not know that the US has a history of overthrowing good governments & setting up dictatorships, & that we have trained torturers to Chad & other countries. TAKE OFF YOUR ROSE COLORED GLASSES! and LOOK:what is being done today in the news is ILLEGAL; it was what was done in Hitlers day; what is being done re credit cards rates & fees is ILLEGAL: Federal Reserve finally came out & said it is criminal & deceptive business practice (fraud); the “harrassing” calls re same are ILLEGAL; outside of the LAWS of the USA; so is Congress outside of the laws of Congress, laws of the USA, & international laws; Our LAWMAKERS are LAWBREAKERS! we blithely sing “God Bless America”; HE CANNOT nor will He; He was going to let America be destroyed in 1949 to 1950 because He said I have seen the people born & their dreams & their lives of drudgery (due to the Gov!!!!) and this is NOT what I had planned for them when I led them to this land. His people fasted, prayed, humbled themselves & intervened; He reluctantly agreed but said: it will get bad; all of His folks repented before God & before men telling them that they regretted staying His Hand: thinking it would be better for their children & grandkids. I learned of this about 25+ years ago from my grandfather. It happened when my mother was carrying me. It wasn’t just the blacks, it was ALL PEOPLE. John Hagee claimed the killing of innocents was God’s will; HE IS WRONG! Others have preached “God blesses America cuz we are blah blah blah; THEY ARE WRONG! Bush claimed god (perhaps $ or Dick) told him to attack Iraq; HE LIED. Obama is “presented” as going to church 20 years: leaving a message “conveniently” picked up & claiming to say let me do Your will; it is all FALSE; LISTEN: to what he said: you hang on to your religion; Why would a man or woman of faith of any kind say “you hang on to your religion? Appearing to be sheep they are ravenous wolves inside; by their ACTS you shall know them; READ the acts of what has been done; DON"T believe the LIES put before your ears & eyes! THEY ARE FALSE! You have a brain folks for a reason: start using it!
Report thisBy troublesum, July 30, 2008 at 7:20 pm #
Someone linked to this in another post. They seem to have Obama’s number: http://www.progressive.org/mag/reed_072908.html
Obama has made it clear that more than anything he dislikes “divisiveness” and envisions the nation as one big happy family - except for young black men - so you will not see him going after the Bush administration for any crimes that may have been committed.
Report thisBy Inherit The Wind, July 30, 2008 at 5:02 pm #
George Bush has always been a sadistic cowardly sonuvabitch. In his college frat, he used to brand the new guys—yeah, brand, as in red-hot coat-hanger.
So why shouldn’t we expect him to condone, make excuses for, and downright LIE about using illegal, immoral torture to force his victims to mouth the words he, or his delegates, want them to mouth.
Report thisBy Blueboy1938, July 30, 2008 at 2:23 pm #
(Unregistered commenter)
Someone who had witnessed “waterboarding” training of U. S. personnel stated that the subject could be “easily revived” if becoming unconscious during the procedure. So, the subject may lose consciousness from suffocation by water. Isn’t it perfectly plain that person has, as far as the subject’s perspective, drowned? That, by the administration’s own definition, constitutes torture.
Hasn’t everyone, the media especially, minimized and obfuscated this issue by succumbing to the use of “waterboarding” to describe this barbaric procedure? It has the faintly recreational sound of surfboarding, skateboarding, or snowboarding. Maybe if it were called what it is, “aborted drowning,” the religious right would try to stop it, since they would probably think it was a type of abortion.
Report thisBy joey, July 30, 2008 at 8:01 am #
(Unregistered commenter)
You would think all the activity in the world court
Report thiswould make G.W. nervous , no that’s not our George.
He’s working on killing someone else, someone on death row.
By Sepharad, July 30, 2008 at 3:20 am #
(Unregistered commenter)
I don’t think we can count on politicians or moral indignation to stop torture (by our side anyway) in its tracks. We need the military and intelligence services to realize that it doesn’t work. Israeli interrogators are trained for years in psychology, motivation, the art of finding out enough about the subject of the interrogation to know how to speak with and question him or her, how to develop a reality-based rapport. It takes a lot of training to interrogate effectively, and it takes a lot of time to elicit information. The only time interrogators vary from this procedure is in “ticking bomb” situations, and then any kind of leverage available is exploited, up to and including physical abuse, but although sometimes they get lucky and are able to stop an iminent attack or public bombing, the answers aren’t usually as accurate as those yielded by normal, skillful interrogation.
One Israeli interrogator said that the only problem with consistent use of this very careful, very slow method is that the word spreads, and subjects who come from cultures where the cruelest tortures imaginable are routine, realize that they have nothing to lose—or fear—and so are less inclined to respond, sometimes even expressing contempt for the interrogator’s non-macho process.
But, the interrogator continued, in the long run even this may pay off in that it demonstrates to the prisoner a major distinction between his people’s social values.
Perhaps with enough input and discussion, the intelligence services and the military could come up with a set of guidelines that would be put into the form of an amendment to the Constitution or into the form of a legislative act providing that it be considered by but not vetoed by the President.
Report thisBy mackTN, July 30, 2008 at 2:08 am #
(Unregistered commenter)
What I liked about the 60s & 70s is that at least this country struggled to define fair and just. Both the civil rights movement and the resistance to Vietnam War epitomized a nation’s movement toward its ideals. There was dialogue, with Watergate there was even punishment and consequences. Now there’s such manipulation of the press that people repeat anything that’s been aired in the media long enough.
What happened to not torturing people, period. This country was supposed to give that stuff up once lynching was illegalized. What happened to condemning corporations that exploited people, children? Now we allow them to enslave illegal immigrants and to rob consumers with impunity. We could impeach Bill Clinton for fooling around but not George Bush for practically destroying not only this country but another as well. He and minions keep repeating that Saddam Hussein was worth all this death, destruction, erosion and people actually believe it. Why? Because he said so?
We let them get away with it! The stuff Bush has done is worse than what Richard Nixon did during his administration. Then, people were appalled and repulsed. Journalists were appalled and repulsed. Now the media just trash talks all day, broadcasts inanities and no one gets irate anymore.
I certainly hope there will be change we can believe in on the horizon.
Report thisBy Big B, July 29, 2008 at 5:17 pm #
What is right is not always popular, what is popular is not always right.
Report thisWhile I, and many other Americans are repulsed by the actions of the Bushies, in our republic a simple majority represents us all. That is why the actions of our next president are so important. My biggest problem at this point is this, which Barack Obama will we get? The one that promised us accountablity for misbegotten wars in the middle east and all of the subsequent sleaze that came with it, or the Obama that voted for war funding, and voted recently to give amnesty to the major phone co. conspiritors?
By cyrena, July 29, 2008 at 5:00 pm #
Bob B
“..But make no mistake, there is blood on all Americans hands. Keep in mind a gallup pole done last year that found over 65% of Americans approved of torturing a suspect if it would help prevent a terrorist attack. So get off your high horses, torture is who many of us are…”
~~~~~
I must take exception to the ‘many of us’ because MANY of us, are NOT about torture. The 65% of people who approved of torturing a suspect if it would help prevent a terrorist attack represent the overwhelming ignorance of the American population, as much as it represents the ideology that maintains the death penalty despite the fact that we are the only civilized nation on the planet that still does.
I would agree that this has been the case since the beginning of this nation, keeping in mind the same things you’ve noted..the ‘founding’ based on the slaughter of the Native population, and the economy based on the trading and slave labor of ‘subhumans’.
That said, the crimes of the Bush team STILL pale by comparison, because of the extreme mechanizations they’ve undertaken to attempt to ‘legalize’ that which is at the top of the list of all crimes…across the globe. There is a very fundamental difference there.
The ignorance of the American people in the poll is conditioned, since we know perfectly well that torturing any suspected anybody, is NOT going to prevent a terrorist attack. The ‘ticking bomb’ scenario has been disproved over and over again. In other words, NO SUCH SCENARIO HAS EVER EXISTED…not one such event can be cited in the past 500 years.
Yet, we have TV shows like ‘24’ that run this non-reality by millions of viewers, who lap it up.
GA Anderson is correct to say that the sad thing, is that we are even having such a conversation about an absolute prohibition. What is it about ABSOLUTE that the American people don’t get?
Troublesum, you are sick and need help. Your hate for Obama is on par with Saggy’s hate for anything Jewish. His denial of the Holocaust, despite ALL REAL EVIDENCE, and your determination to blame Barack Obama for everything in the world, despite all evidence to the contrary, speaks to your very unbalanced mind.
The ‘pardon’ of the Bush Admin in the crimes of torture has already been legally established in the Military Commissions Act, for which Barack Obama DID NOT VOTE. (McCain did)
Obama is ON RECORD as saying that he WOULD instigate an investigation of the MULTIPLE crimes of this administration, and many of us have suggested that he should begin with an airing of each and every SIGNING STATEMENT that this administration has attached to nearly all of the legislation that Congress has pushed through. Absolutely ANY legislation that they haven’t liked, has had a signing statement attached, with in effect says that they will choose to ignore whatever it is.
So for every specious and slanderous lie you tell on this forum - TROUBLESUM,et al, - I will expose it and you with it.
Report thisBy Big B, July 29, 2008 at 1:13 pm #
It is interesting, and sad, to see my fellow liberals admonish the Bushies for their enthusiastic approval of torture. One only needs to study history to bare witness to Americans capacity for torture and the full gamut of any atrocity we deemed nesessary to protect and promote our “way of life”.
Report thisOur direct ancestors took part in the wholsale anihilation of the Native American race. We brought “Subhuman” africans here, bought and sold them like cattle, and treated them worse. We once had a POW camp called “Andersonville” where atrocities were the order of the day. Presidents and military leaders have ordered the slaughter of countless innocents from the Civil War, to Cuba, the Phillipeans, Central and South America, Japan, the Middle East. We imprisoned U.S. citizens during WWII. We conducted medical experiments on blacks and retarded people. We hired former members of the Waffen SS to train death squads throughout the Americas to terrorize and overthrow legitimatly elected governments. We built a huge and omnipetant intelligence service that has been terrorizing and yes, torturing people for decades.
The Bushies only crime is that they have stood by their decision to condone torture with pride like it is some fucking hunting trophy.
But make no mistake, there is blood on all Americans hands. Keep in mind a gallup pole done last year that found over 65% of Americans approved of torturing a suspect if it would help prevent a terrorist attack. So get off your high horses, torture is who many of us are.
By troublesum, July 29, 2008 at 12:30 pm #
If elected Obama will pardon the entire Bush/Cheney administration for any crimes they may have committed so the important thing to do is to let the democratic controlled congress know that they are expected to keep an eye on Obama’s imperius tendencies.
Report thisBy troublesum, July 29, 2008 at 12:23 pm #
I don’t see how it can be called Bush’s legacy of torture since democrats signed on to it. The main reason they didn’t want to impeach Bush is because they were complicit in approving the use of torture, Obama included.
Report thisBy Purple Girl, July 29, 2008 at 10:50 am #
shall we use these methods to finally get gonzales to tell Cheney was behind the Politicalization of the DOJ.shall we use such methods to finally get Oil Inc CEO’s to admit this invasion into Iraq was a Oil obtainment venture cooked up by Cheney. Shall we use such methods to get certain Repubs & Dems to admit they were coerced to or complicte in ignoring and usurping our constutional and Bill of Rights.Should we do this to politicans and CEo’s about how the Economy was intentionally brought to it’s knees for Higher Investor returns?
Report thisWhen it comes to the individuals who have proven they are Traitors to this Country and Criminals of War and Against Humanity…We should retain these ‘Laws’ while they are being interrogated, invstigated, incarcerated, Prosecuted and Sentenced.
Since W. has ok’ed the executio of a private for th eMurder of one person, we should keep the same standard of justice when it comes to sentencing Him and his Accomplices in these High Crimes and Terrorism.Beware of what you wish for CheneyCorp- YOU may just be on the recieving end of it !
By Big E, July 29, 2008 at 10:34 am #
(Unregistered commenter)
Mr. Robinson:
What does it really matter? No one will ever be called to account for crimes and misdeeds. The Dems are nearly knee deep in the scandals as much as the Republicans, the difference being they knew about it and did nothing while Bush & Co. sanctioned their administration officials to come up with ways to “legally” torture. Whatever gets you re-elected.
Just imagine what would be uncovered with access to all of the Bush 8 years of malfeasance, but, it will never happen. Even if it were discovered that Bush and the Neo-Cons actually did initiate the 911 attacks. nothing would be done and no one would care save for a few.
The ‘Justice Dept’ is being run by political appointees who cover for Bush.
Everyone has ‘plausible deniability’. It’s all about winning the next election.
I still find it amazing that the person who sent Anthrax through the mail has never been caught !! The same folks who are running things will be running things no matter who gets ‘elected’.
Elected, that’s becoming a joke also but that’s another story.
Report thisBy G.Anderson, July 29, 2008 at 10:31 am #
How sad for this country that this is a topic of debate.
I would ask, did this torture help in any way to protect Americans, or shorten this war?
At this point, after spending more time, and more money, than we did defeating Nazi Germany, without the use of Torture, its hard to believe that it was ever justified. Morally it never was.
But, the real crux of this issue, is of an administration, that believed, it was above the law, and above the moral codes that American’s have struggled so hard to live up to, for themselves and to set an example for the rest of the world.
Bush, will always be America’s shame. And it’s hoped that future generations will revile him, and his name, and remember what happens when grandiosity inhabits the White House.
Once it was believed that part of the reason that America defeated it’s enemies was because, we had something to offer that few other nations could, a life free from Tyranny and Oppression.
Freedom, Justice, Equality, the pursuit of Truth and Justice for All. Is that still the case?
Or has President Bush, re created us in the model of those we have stuggled so hard to defeat. A country whose freedoms, can be dispensed with, if they interfere with the pursuit of political power, and military might.
Report thisBy David, July 29, 2008 at 10:05 am #
(Unregistered commenter)
No, Gene, the torture will not end on January 20th. If Bush does not pardon himself and all the rest then Obama or McCain will. So we can ‘move on’. Actually so we can keep it up. There will be no end to this administration no matter who takes office. The barbarity is now in our DNA and cannot be removed. We have all learned that you can do anything you want to anyone if you are the government and you find a soothing name for it. Torture becomes ‘nuzzling’. Detention for life without recourse becomes ‘detained’. Nothing will change without violent revolution. Nothing ever does.
Report thisBy Jim Yell, July 29, 2008 at 9:16 am #
(Unregistered commenter)
I don’t think there is any reason to give G. W. a free pass about the lies that got us into this mess. If they had actually and promptly investigated the captives and got the innocent out of confinement then maybe I would have a little more sympathy, but the fact remains Iraq had nothing to do with 9/11 and they knew it.
The entire administration is guilty. The Republican Congress that made this possible and the Democratic Leadership that failed their duty and made this possible. They are all guilty.
That G. W. and Cheney are being allowed to ride out their terms of office without being brought to court is a very bad sign for the future. The government loves precidents and skipping away from this is in effect validating this behavior and ensuring that every administration after will cling to the right to break the law, based only on their self interest. No way to run a democracy. What Democracy?
Report thisBy VietnamVet, July 29, 2008 at 8:10 am #
(Unregistered commenter)
Well, if it were only the torture issue, maybe we could stand him up against Nixon. But, that is only the tip of the iceberg in terms of what he has DONE TO this great nation and Nixon appears to be a real statesman when compared to Mr. Bush. He has, among other things: driven this nation into financial ruin by unheard of budget deficits and doubling the national debt, started a war of choice costing 4,500 lives of our best, not to mention the monetary treasure, trashed the constitution, presided over one GOP scandal after another, and the list goes on and on. The man will go down in history as the worst president ever to occupy the White house. Thank God his tragic period will shortly come to an end. And, as far as McCain, we DO NOT NEED FOUR MORE YEARS OF THE BUSH DISASTER!
Report thisBy cyrena, July 29, 2008 at 6:01 am #
Barack Obama has stood consistently against torture. John McCain, has denounced torture as welland, although he voted against restraining the CIA with the same no-exceptions policy that now applies to military interrogators, he has been forthright in saying that waterboarding is torture, and thus illegal.
But Eugene, since McCain voted AGAINST restraining the CIA, (because Cheney demanded it, and argued long and hard for the CIA to be able to retain the capacity to torture with impunity) then it really doesnt MATTER if he admits that waterboarding is torture. Hes still saying (by that vote) that its OK for the CIA to do it.
Same thing with the pardons. Bush doesnt even have to pardon anybody, because theyve already built the pardons into the MCA. (The Military Commissions Act).
Youre right about them needing to be careful about future vacation spots though. Its not only the Hague they need to avoid. (Even though thats where I passionately hope to see every single one of their asses) They need to stay away from ANY other place on the globe that recognizes Universal Jurisdiction. Pinochet pardoned himself and all of his fellow torturers as well. And then he went to Great Britain, and got himself extradited by Spain. Too bad the fucker died before he could be fully punished.
http://www.globalpolicy.org/intljustice/wanted/2001/pino2.htm
So yeah, theyve gotta be real careful about their escape destinations. Rummy is already on an international APB
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