Torture Revisited

by Keith Cooper

From Broader View Weekly, May 22, 2009

During the administration of George W. Bush, when he or his press secretary were put on the spot about some former issue like the justification for war in Iraq or surveillance of Americans, the response was often a reference to looking forward, or ire at those who would dredge up the past. Now, in the midst of Congressional hearings and investigations over the use of torture by the CIA and U.S. soldiers, some are criticizing Congress and President Obama for shedding light on past offenses.

The exception seems to be Nancy Pelosi’s Republican colleagues, who apparently now agree in the criminality of the practice since they have taken to accusing the Speaker of the House of complicity.

And former Vice President Dick Cheney has emerged from his undisclosed location to shine even more light on the past, in his defense of the former administration. Speculation abounds about the motivation of Cheney, who spent the last eight years operating behind the scenes, to speak out so publicly and loudly now.

Perhaps one reason could be a man named Baltasar Garzón. He is a Spanish Judge who famously ordered the arrest of oppressive Chilean dictator Augusto Pinochet.

In a move underreported (at least in American mainstream media) the Spanish court initiated an investigation into the actions of high-level Bush administration officials for their involvement in the ordering of torture techniques. The case could lead to an arrest warrant for Cheney’s former Chief of Staff, David Addington, among other officials.

Though they are largely symbolic, the anticipated warrants could reach high in the former administration, including signatories of the recently released torture memos, John Yoo and Jay Bybee, as well as former Attorney General Alberto Gonzales and former defense undersecretary Douglas Feith.

The investigation began with a formal complaint filed by Gonzalo Boye, a lawyer from Madrid, to hold the architects of legal support for torture techniques to account. “This is a case from lawyers against lawyers. Our profession does not allow us to misuse our legal knowledge to create a pseudo-legal frame to justify, stimulate and cover up torture,” said Boye.

The most important byproduct of the investigation may be the introduction of accountability for high-profile members of the Bush administration for their wrongdoing. It is little surprise, then, that Cheney has chosen to vociferously defend the techniques since it is clear that torture figures into his stated strategy of going to the dark side in addressing the threat of terror.

When I proposed a second discussion of torture [see BVW 5-8-9 for first], my fellow columnist called me a Bush Basher (not for the first time), as if my primary motivation is to denigrate Bush on a personal level. In the past I have been accused of hating or fearing George W. Bush. It is true that I have never believed the former president possessed the necessary qualifications for the highest office in the nation. However, I have tried to focus my disapproval on the policies that are misguided, unjust, or that violate valued principles.

In the case of torture, it is becoming increasingly clear that Bush policies are illegal by U.S. and international standards. Practices like waterboarding violate international law such as the 1984 Torture Convention. It may be unpopular among some ideologues to hold the U.S. accountable to international standards, however, even the Bush administration considered international standards expedient when applied to outside violators, such as the son of Liberian president Chuckie Taylor who was convicted and sentenced in U.S. courts.

This double standard is less distressing than is the abandonment of standards we have held for our own conduct. This bears investigation.

I don’t know the details of the briefings Nancy Pelosi received, but if she approved illegal torture by neglect or complicity she should be held to account. I don’t believe torture to be an effective method for gleaning actionable intelligence. Even if it has been fruitful as Cheney insists, I don’t believe that we would be proud of the nation we would become, as we discard our moral compass in exchange for security. I don’t think the Spanish investigation will lead to the extradition of high-level Bush officials. However, perhaps international intervention will help restore U.S. respectability in the world. Perhaps it will inspire our respect of international law and of humanity.