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Reports

Cheney and the Iraq-Torture Link

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Posted on May 21, 2009
Cheney and Bush
AP photo / Ron Edmonds

By Joe Conason

Defending their record in office these past eight years, figures from the last administration seem especially touchy on the subject of torture. Led by the former vice president, Dick Cheney, they have argued that there was no torture, preferring more vague and delicate terms such as “enhanced interrogation” or simply “the program.” They have insisted that any harsh tactics were used only to extract “actionable intelligence” from recalcitrant terrorists in order to save “thousands, perhaps hundreds of thousands” of innocent lives.

But now we are learning that those methods, long banned as torture in our own laws and treaties, may well have been employed for a very different and deeply nefarious purpose: to justify the dubious invasion of Iraq by falsely connecting Saddam Hussein’s regime to al-Qaida and the 9/11 attacks.

Even as Republicans in Congress and conservative commentators seek to distract public attention by demanding to know when House Speaker Nancy Pelosi first learned about waterboarding, the disturbing evidence of serious criminality continues to emerge.

A former top aide to Colin Powell recently revealed that a Libyan prisoner was brutalized by Egyptian intelligence agents, at the behest of the Bush White House, until he talked about a connection between Saddam and al-Qaida. (That man, who later recanted those statements, which he said had been made under torture, has supposedly killed himself in a prison cell in his homeland, so he is no longer around to offer any inconvenient testimony.)

A pair of retired senior intelligence officials told former NBC News investigative producer Robert Windrem that in April 2003 the vice president’s office itself suggested the waterboarding of a former Iraqi intelligence official captured in Baghdad, in order to make him talk about the mythical ties between his government and al-Qaida. A series of reports have indicated that torture was used to elicit the same false testimony from Abu Zubaydah, an al-Qaida operative subjected to waterboarding literally dozens of times—even though he had begun to cooperate with FBI interrogators.

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Despite the expected denials of such gross misconduct emanating from the intelligence community, some of the most damning evidence came from Mr. Cheney’s own mouth. Back in 2004, according to the McClatchy Newspapers, he boasted to the Rocky Mountain News (a Denver daily that has since ceased publishing) that the fruits of interrogation had vindicated him.

When a Rocky Mountain News reporter asked whether he still stood by earlier statements linking Saddam to the terrorist perpetrators of the 9/11 attacks, despite demurrals from Mr. Powell, Mr. Cheney replied: “We know for example from interrogating detainees in Guantanamo that al-Qaida sent individuals to Baghdad to be trained in ... chemical and biological weapons technology.” He went on to predict that when all of the Saddam regime’s records were examined, there would be “ample evidence confirming the link.”

Five years later, there is still no evidence confirming the link. There is persuasive evidence, however, that Gitmo prisoners were tortured on orders from the Bush White House, where Mr. Cheney commandeered authority on such matters. Former U.S. Army psychiatrist Maj. Charles Burney told Army investigators in 2006 that he and other interrogators at the detainee camp had been ordered to focus on a certain topic, without success, despite resorting to those “enhanced” techniques.

“While we were there, a large part of the time we were focused on trying to establish a link between al-Qaida and Iraq, and we were not successful in establishing a link between al-Qaida and Iraq,” Major Burney testified.

As Mr. Cheney no doubt knows, prisoners enduring torture can be induced to say almost anything to ease their pain and fear. American Special Forces are trained to resist those ugly methods precisely because they have been used by totalitarian regimes to extract false confessions for centuries.

It is hard to imagine anything more disturbing than the use of torture by the U.S. government in seeking to justify an aggressive and unjustified war, which has cost hundreds of thousands of lives and trillions of dollars. Now we need to know whether those awful offenses were perpetrated on Mr. Cheney’s watch—by fully empowering a truth commission to take testimony from him and his associates under oath.

Joe Conason writes for The New York Observer.

© 2009 Creators Syndicate Inc.


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By AbuMubarak, May 25, 2009 at 12:55 pm #

I think any objective person or body of people would look at this, not as an isolated incident, but as a regime that was no different that our infamous Stalin, Mao-tsetung, Nazi comparisons. 

We had a government body usurp, not only the constitution, but international law, kidnappings, torture, detainments without charges, etc.

On top of that, an ex-defense contractor and oil tycooon, make millions in each of their businesses, before leaving office, thereby fattening their pockets. 

Now we have Pinocchio in office surrounded by Wall Street tycoons passing out American Tax Money to poor, down-trodden bankers looking to see if anyone can spare a dime.

I think the popular phrase is, you been had, you been tricked, you been bamboozled, you been hoodwinked.

Somebody somewhere has to wake up and realize that the people have been had

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By maddashell, May 25, 2009 at 2:46 am #
(Unregistered commenter)

with all the hubub created from those few torture memo’s, you now know why they destroyed the tapes of the enhanced interagation.

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By Donald Hass, May 24, 2009 at 10:22 pm #
(Unregistered commenter)

I have been recoving from heart attack bypass and stage 4 throat cancer for the last 10 years and now I’m starting for feel better almost normal almost. I use to work in new for NBC westcoast and I have just finsihed the first chapter of your book wow I want to just screem at how the world has changed and I did know. Thanks for writing the book and keep up the great work I love watching your show. Don

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By firefly, May 23, 2009 at 6:13 pm #

Dick Cheney, without doubt, wins the gold medal for being the most manipulative, fear-monger of our time. Every time the issue of the law or of human rights abuses comes up, he leaps up to remind the American public that we are all in mortal danger from ‘terrorists’.
So, are we to believe that the single most powerful nation the world has ever known – a country with a military budget that defies imagination, more destructive weapons than the rest of the planet combined, and with a history of using that power to devastating effect - is in extreme danger by some radicalized, disenfranchised peasants from Asia and the Middle East?

If we listen to Cheney are we required to accept that these detainees are more dangerous than the Soviet Union during the Cold War, which had nuclear weapons to match America’s? 

Are we really to think that the Guantanamo detainees are so dangerous that America has to surrender the very values that it used against the British to gain independence?

Cheney’s clever advantage is that the ‘enemy’ is unseen. If the public could actually see WHO these ‘terrifying human beings’ actually are, understand their stories, their backgrounds, what they believe in and above all, what motivates them, then the public would see people with concepts and passions like the rest of us, not some enduring monsters without faces.

As long as Cheney gets heard, and as long as the influence of fear works, then he has power.

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By tdbach, May 23, 2009 at 1:37 pm #

It appears that Cheney’s whole claim that torture has delivered “actionable intelligence” that has saved “hundreds or thousands” of lives is based on the idea that the detainees tortured until they “confessed” an operational cnnection between Saddam and al-Qaida gave Bush all he neded to overthrow Saddam and, in the process, stop WMDs from making their way from Baghdad to NYC by way of Osama bin Laden. That’s his whole schtick. Incredible.

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By Gloria Picchetti, May 23, 2009 at 12:15 pm #
(Unregistered commenter)

Cheney’s medication is not working. He still thinks he is in his bunker.

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By Jim Yell, May 23, 2009 at 10:01 am #
(Unregistered commenter)

George Bush is now being acknowledged as uninvolved in his own Presidency, which for those who bothered to pay attention knew he was his way before he chose to become a candidate. He is obviously the arch-typical Lazy, spoiled brat of a wealthy and privileged family and was indulged in his pretence of leadership by family connections and access to wealth.

So for those who want to hang the yoke entirely around the “Evil” Dick Cheney, I think the fault and crime is enough to accomodate both of these evil and ignorant men. As Ogdan Nash said, “there are crimes of action and crimes of inaction” (not exact words) and in inaction Ogdan’s opinion was that was worse than crimes of action.

Put these men on trial, they lied, they broke the law they were sworn to uphold and they created this mess,almost from whole cloth.

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By ardee, May 23, 2009 at 9:02 am #

Physician heal thyself.

I am not a supporter of abrogating our own sense of responsibility or our duty to resolve our own serious problems. I further believe that your pessimism regarding the appointment of a special prosecutor is unwarranted as well. While you might point to Kevin Starr I would counter with Patrick Fitzgerald.

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Purple Girl's avatar

By Purple Girl, May 23, 2009 at 8:12 am #

INTERNATIONAL WAR CRIMES TRIALS!!!!!
There is not one facet of our Gov’t, military or Judcical system which has not been stained with these international Atrocities. No commission will be free of the influence of party politics, no special prosecutor will be viewed Impartial, nor will any investigation not be railed against as a Witch Hunt that is carried out in this nation.
Hand these interantional Crimes over to the inerantional courts- a set of impartial, uninvolved nations who can sort through the facts and still understands and adheres to interantional laws and treaties.
We are left with only those crimes which involve Abuse of Power and Treason.Those can then be fully prosecuted once ithas been determined that these international crimes have taken place. Of curse there are some which directly effected and undermined our Constitutional rights- wiretapping. But those to must be prosecuted in the context of the overall High Crimes- were they genuine attempts to keep US safe or merely usurping authority to carry out their other higher crimes.
Cheney and his ‘friendly’ interviews have proven the effectiveness of acceptable interrogation techniques- Give him a friendly face and a video camera and Cheney starts confessing. He has already admitted he did not share all necessary iformation with the ‘Decider’ stating quite clearly Bush only ‘Basically’ knew what was going on- that is undermining an dusurping the powers of Sitting President (a covert Coupe?)
Troture, Rendition,black Sites and assassination squads all operated in the Realm of the Global Community and involved Foreign nationals- this is therefore an Interantional case of High crimes, via international laws and treaties. it must be prosecuted as such to assure objectivity. This is the only way such trials will be viewed by the global Community as just and end the claims of Poltically motivated ‘Witch hunts’ here in the States.Once those Charges are brought by the internaitonal community for War Crimes and Crimes agaisnt Humanity we will be in a justifiable position to level charges of Abuse of power and Treason.

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By ardee, May 22, 2009 at 9:50 pm #

tropicgirl, May 22 at 5:28 pm #

AN OPEN MESSAGE TO RANDI RHODES, RACHEL MADDOW, STEPHANIE MILLER, ED SCHULTZ, ET AL…

Can you guys start shutting up about the Bush Administration already? We already know what they did. We voted them out, remember?
.................................

You are certainly entitled to your opinion, here’s another:

I do not want anyone to “shut up about Bush” not now not ever or until such time as investigations are completed, prosecutions undertaken and justice is served.

Further, every time some GOP blowhard mouths off about Obama’s socialism I want his voting record to be publicly shown for each time he himself came down on the side of deregulation, invasion and torture. Actually Obama’s record would indicate such as well…..

One does not cure an ill by refusing to speak about it. In fact, its not being spoken about often or loudly enough. Especially because Obama is following in Bushs’ footsteps on far too many issues.

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By GM, May 22, 2009 at 6:07 pm #
(Unregistered commenter)

tropicgirl

Take it easy. Here, this will make you feel better. It’s all Obama all the time.

Facts and myths about Obama’s preventive detention proposal
http://www.salon.com/opinion/greenwald/2009/05/22/preventive_detention/index.html

or

Maddow: “Obama is obstructing justice”
http://www.youtube.com/watch?v=tG9Nj0OizCA

Doesn’t sound too Bush-centric to me.

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By msgmi, May 22, 2009 at 5:35 pm #
(Unregistered commenter)

Cheney speaks and the ideologues listen in agreement. 9/11 happened under Cheney’s watch, that is clear and unequivocal. But Dick can’t come to grips with his failures and incompetence; so the best defense is his offense which becomes more diluted after each speach.

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By tropicgirl, May 22, 2009 at 5:28 pm #

AN OPEN MESSAGE TO RANDI RHODES, RACHEL MADDOW, STEPHANIE MILLER, ED SCHULTZ, ET AL…

Can you guys start shutting up about the Bush Administration already? We already know what they did. We voted them out, remember?

What you need to set your sights on is what is happening RIGHT NOW in the White House. Its pitiful.

The Bush administration wasn’t critiqued until it was too late. You all are making the same mistake and will be blindsided by Obama’s upcoming fall.

We are sick of hearing about Bush. Every day Bush, Bush, Bush. Its freaking OVER. Get over it. Now you actually have to engage your brain. Trying being objective about Obama, the neolibs and the crooked house and senate… Then you will be saying something rather than just parrot.

Its almost impossible to listen to anymore.

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By rockinrobin, May 22, 2009 at 12:52 pm #
(Unregistered commenter)

the MEDIA claims much: like JFK who was a KNOWN drug used had the “original” dr feelgood shooting him & friends up as “camelot”; Ronald Reagan is hailed as ‘the greatest” when in TRUTH he had Alzheimers & all were SWORN to “secrecy” cuz of “national security”; claims “obama” is LOVED by everyone when in truth, he is HATED along with the REST of the Fascist Criminally run Gov; cux EXPLOTATION which is the TARGETING and HARMING for PERSONAL GAIN & PROFIT: is the way “the USA” is RUN; they are actively & agressively carrying out Hitler’s agenda in the earth; and taken the “torture” started by Rumsfeld in Egypt right after claiming “a force for good” of, that was RUMSFELD who claimed that; & HE is responsible for the TORTURE 1st in EGYPT and escalating with the rest of the bored Gov worse than Nazi’s ever did; they have VIDEO tapes of it folks; the “waterboarding’ is a SMOKE SCREEN. do a SEARCH on Rumsfeld & monsanto; rumsfeld & asparteme; Rockefeller owns 93 per cent of Pharma; Bush & CLinton working together Canola oil which like ALL the food chain creates all kinds of medical problems so they can REAP trillions again with forcing you to “BUY from them and again when pay to get WELL.
They are the ones attacking the PEOPLE as it is TARGET & HARM for PERSONAL GAIN & PROFIT folks! Trillions & trillions & trillions in off shore accouts! do ya THINK in this “political” fascist criminally run Gov with Judges more criminal than any appearing b/4 them: is going to do any different? media is used as it was in Hitler’s day:
to PREVENT folks from KNOWING the TRUTH!

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By Robert, May 22, 2009 at 12:32 pm #

U.S. Officials Admitted that Boys Were Sodomized In Iraq Prison

By Washington’s Blog

“May 21, 2009 “Washington’s Blog”— Many people have heard Pulitzer prize winning reporter Seymour Hersh’s claim that boys were sodomized at Abu Ghraib and that the Pentagon has video of the rapes.

Many people think that they’ll believe it when and if they ever see the video. But we don’t need to wait for the military to release the videos. There is already proof that Hersh is right.

For example, the Guardian wrote in 2004:

  The October 12 memorandum, reported in the Washington Post…came to light as more details emerged of the extent of detainee abuse. Formal statements by inmates published yesterday describe horrific treatment at the hands of guards, including the rape of a teenage Iraqi boy by an army translator…

  According to the leaked memorandum ... it also called for military intelligence officials to work more closely with the military police guards at the prison to “manipulate an internee’s emotions and weaknesses”...

  In the Washington Post report, one detainee, Kasim Hilas, describes the rape of an Iraqi boy by a man in uniform, whose name has been blacked out of the statement, but who appears to be a translator working for the army.

  “I saw [name blacked out] fucking a kid, his age would be about 15-18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard the screaming I climbed the door because on top it wasn’t covered and I saw [blacked out], who was wearing the military uniform putting his dick in the little kid’s ass,” Mr Hilas told military investigators. “I couldn’t see the face of the kid because his face wasn’t in front of the door. And the female soldier was taking pictures.”
  It is not clear from the testimony whether the rapist described by Mr Hilas was working for a private contractor or was a US soldier…

  Another inmate, Thaar Dawod, describes more abuse of teenage Iraqis. “They came with two boys naked and they were cuffed together face to face and Grainer [Corporal Charles Graner, one of the military policemen facing court martial] was beating them and a group of guards were watching and taking pictures from top and bottom and there was three female soldiers laughing at the prisoners,” he said.

More convincingly, the Telegraph wrote in 2004:

  America was braced last night for new allegations of torture in Iraq after military officials said that photographs apparently showing US soldiers beating an Iraqi prisoner nearly to death and having sex with a female PoW were about to be released.

  The officials told the US television network NBC that other images showed soldiers “acting inappropriately with a dead body”. A videotape, apparently made by US personnel, is said to show Iraqi guards raping young boys.

(If that link becomes broken, see this).

There you have it: the Telegraph implied in 2004 that U.S. officials admitted that there was a video of guards raping boys. Even if the Telegraph’s implication is wrong, there is strong evidence that such rapes did in fact occur as Hersh said.

And whether or not any of the rapists were U.S. soldiers or contractors, at the very least, American soldiers aided and abetted the rape by standing around and taking videos and photographs.

Whether or not Obama releases the photographic evidence, he must prosecute all of those who committed such atrocities, stood around and watched, ordered them to be committed, or created an environment in which they could occur.”

http://www.informationclearinghouse.info/article22675.htm

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WriterOnTheStorm's avatar

By WriterOnTheStorm, May 22, 2009 at 12:10 pm #

There could never be a link between al-Queda and Iraq, because al-Queda never existed. This fictional brainchild of the Neocons was never more than a handful of loosely associated Islamists. All of the so-called sleeper cells, upon closer examination, turned out to be trumped up or outright bogus.

The Gitmo prison is little more than carnival haunted house on a grand scale, where our imagined nightmares are paraded through the lenses of an all too cooperative media. Fear sells commercial blocks. Fear sells political agendas.

What criminal is too dangerous for our domestic prisons? Exactly how will these nefarious specters of “Islamo-fascism” (a subtle reductio ad hitlerum)  slip through our justice system?

Here are some more pertinent questions: If these men get their day in court, what will they reveal about the true nature of al-Queda and the Neocons? Why has catching Bin Laden never been a real priority?

I want to see the “proof” that torture has saved “thousands, perhaps hundreds of thousands”. But I also want to see the evidence that al-Queda is the threat that justifies the compromising of cherished values, the erosion of fundamental civil and human rights, the loss of national treasure, and the violent invasion of our psychic well-being.

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By ardee, May 22, 2009 at 6:52 am #

Betsy C, May 21 at 9:17 pm #
(Unregistered commenter)

I am shocked! There is evidence of a link between al Qaeda and Iraq!
...................

I am shocked as well, but at the sketchy nature of said proofs and of a possible link between a socialist government ( Ba’athists) and a religious fundamentalist ( Atta). It isnt worth the time for me to dig up the numerous exposures of this supposed meeting as a lie but I assume that most here remember them.

Up until we overthrew the govt of Iraq there was not a single member of AlQaeda in that nation, in fact, Saddaam Hussein was an implacable foe to radical Islamists, the only one in the region.

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By GM, May 21, 2009 at 11:32 pm #
(Unregistered commenter)

Excellent post, Joe.
Obama should have sent the goons to pick that prick up and slap on the leg irons while he had a chance. Before his popularity began to once again rise, that is…

“Taking a shine to Dick”

Wouldn’t you know it: seems like former Vice President Dick Cheney’s ‘reasons for torture tour’ is starting to soften up the American public. Sorta like they did to detainees, except less painful and more persistently annoying.

From CNN:

  [A] CNN/Opinion Research Corporation survey, released Wednesday morning, indicates that a majority of Americans still have an unfavorable opinion of Cheney.

  Fifty-five percent of people questioned in the poll say they have an unfavorable opinion of the former vice president. Thirty-seven percent say they have a favorable opinion of Cheney, up eight points from January when he left office.

  [...]

  The poll suggests that 41 percent of Americans hold a favorable opinion of the former president, with 57 percent viewing him unfavorably.

I’ve got to wonder if that would be the case were the Obama administration to decide to be done with him and release the evidence of what the former administration was really doing.

http://rawstory.com/blog/2009/05/taking-a-shine-to-dick/

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By jr., May 21, 2009 at 10:44 pm #

The dick and others are attempting to create the phony illusion that patriotism isn’t the same as extremism, when in fact, they’re both one and the same.  Anyone that thinks otherwise don’t know what the hell they’re talking about and are themselves fanatics.

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By taikan, May 21, 2009 at 9:45 pm #

Jonr states: “we must at some point admit that it is not whether one wears a uniform or not that matters, but whether one is engaged in combat.”

Under the international law of war, it does matter whether one wears a uniform.  If you are captured in enemy territory and you are wearing a uniform, you are entitled to be treated as a prisoner of war.  However, if you are captured in enemy territory and you are not wearing a uniform, you may be treated as a spy.  POWs are entitled to protection under the Geneva Conventions.  Spies may be executed.

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By omop, May 21, 2009 at 9:42 pm #

According to Jesuit logic, “an empty vessel makes the most noise”.

  Mr. Cheney a chickenhawk neocon who avoided military service during his country’s war in Vietnam is at present being morphed into by CNN and other msms’ into ” a patriot in the form of a George Washington”.

No wonder US newspapers are becoming relics.

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By Betsy C, May 21, 2009 at 9:17 pm #
(Unregistered commenter)

I am shocked! There is evidence of a link between al Qaeda and Iraq!

I found it here on this website: http://www.thexreport.com/the_prague_connection1.htm

According to the website, and a photo on the website, there was a meeting between Saddam’s intelligence offical al Ani who was stationed in Prague. But the dates are different from what the 9-11 commission talked about. They (9-11 commission) talked about a April 9 date and this website says it was during the winter of 2000. This would have been much earlier than during 2001. That would have made it during the Bill Clinton administration.

The photo’s appear to be very convincing. Just as importantly, there is a photo of al Ani, scoping out RFE/RL headquarters. RFE/RL is an American interest. It is funded by the U.S. Congress. This action would have been considered a threat against an American interest. Saddam was teed off because of Radio Free Iraq was promoting overthrow of Saddam and his gov’t..

According to Clandesting Radio .com, “Radio Free Iraq (RFI) is an overt surrogate broadcast outlet funded by the U.S. Government and run by Radio Free Europe/Radio Liberty in Prague. On the air to provide objective news and information to the people of Iraq, Saddam Hussein reportedly instructed Iraqi intelligence agents to conduct subversive activities against the station. Its utility has not diminished since his downfall, however, and RFI continues to air programming to Iraq.”
http://www.clandestineradio.com/intel/station.php?id=87&stn=76

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By jonr, May 21, 2009 at 5:11 pm #
(Unregistered commenter)

One talking head argued on CNN this Monday, when asked why waterboarding of American troops was torture but waterboarding of American prisoners was not, argued that the Geneva Convention does not apply because the prisoners waterboarded by American jailers wore no uniform and that the Geneva Convention therefore did not apply.  This particular speaker did NOT claim waterboarding isn’t torture, but that there are NO rules to apply because these people are really “illegal combatants.”

Before the Bush administration invented the phrase “illegal combatants” to circumvent the Geneva Convention, there may have been only the civilian criminal code and the code of military justice to be applied.  Ignoring the fact that the people we call terrorists consider themselves guerilla fighters and ignoring the fact that we consider our own guerilla fighters heroes (the name Francis Marion comes to mind), we must at some point admit that it is not whether one wears a uniform or not that matters, but whether one is engaged in combat.

We dislike the methods used by the people we call terrorists, of course.  We say, “They don’t engage in ‘proper’ rules of war.”  We say, “They don’t ‘play fair.’”  They certainly don’t play by “our rules.”

“Our rules,” of course, include access to rockets, tanks, fighter aircraft and the boats to carry them, and even nuclear (or ‘nuke-you-lar’ if you prefer) weapons.  And invading foreign countries which do not pose any credible threat to our own nation.
But our troops wear uniforms, so that must make it all okay.

The rules of the terrorist or guerilla fighter or whatever are that, there are no rules… and I doubt they would have any compunctions about the use of torture, yet it is WE who have put other people on trial for the crime of committing torture by waterboarding our troops.

So, we can invade countries that pose no credible threat to our own and it’s not a crime.  We can kill thousands or perhaps tens of thousands of civilians “by accident” in the process and label that “collateral damage” and that’s not a crime, either.  We can overpower any organized force on the planet; nobody dares to stand against us.  And we can torture any “illegal combatants” who dare to make up their own rules.  We can do pretty much whatever we damn well please, can’t we?  And NOBODY will make us answer for any of it, not the United Nations, not the World Criminal Court, not any court at the Hague… and certainly not our own government.

And yet, whether by sheer love of our high moral standards or fear of our overpowering capacity for the use of lethal force in pursuit of our high moral goals, we have not yet achieved true peace.  How can this be?!?

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By joe, May 21, 2009 at 4:50 pm #
(Unregistered commenter)

I WANT TO SEE THAT LOUDMOUTH CHENEY SQUIRM.

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By sophrosyne, May 21, 2009 at 4:44 pm #
(Unregistered commenter)

Good article.  And yes, Cheney has much to hide.  I suspect when the record is finally transparent, Americans will be horrified to learn how duped and manipulated they were.  There is much that stinks about the entire Bush response to 9-11 not to mention their failing to keep the country safe from such an attack.

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By taikan, May 21, 2009 at 2:15 pm #

Rather than testifying before a “truth commission,” Cheney, Gonzales, Addington and others involved in the use of torture should be required to testify before a grand jury.  That way, even though the public would not be privy to their testimony, it could be used as the basis for criminal prosecutions.

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