Rawstory – A nonpartisan group led by a former top Bush administration official concluded a two-year review on Tuesday that finds the former president and his top advisers knowingly ordered interrogation techniques that U.S. officials have previously referred to as torture.
“After conducting our own two-year investigation, weighing the credibility of all sources and studying the current public record, we have come to the regrettable, but unavoidable, conclusion that the United States did indeed engage in conduct that is clearly torture,” former Rep. Asa Hutchinson (R-AR), who served as undersecretary of the Department of Homeland Security during the Bush administration, said in an advisory.
The 577-page review, put together by the advocacy group The Constitution Project, includes interviews with dozens of people who have first-hand knowledge of the discussions about interrogation techniques and their implementation. Although Bush administration loyalists said at the time that “enhanced interrogation tactics” like stress positions, waterboarding, mock executions, sensory deprivation and prolonged diapering were not torture, this report aims to specifically and finally emphasize that these activities meet the clinical definition of “torture.”
“As long as the debate continues, so too does the possibility that the United States could again engage in torture,” the report says, according to The New York Times, which received an advance copy.
I write this letter on the 10th anniversary of the Iraq War on behalf of my fellow Iraq War veterans. I write this letter on behalf of the 4,488 soldiers and Marines who died in Iraq. I write this letter on behalf of the hundreds of thousands of veterans who have been wounded and on behalf of those whose wounds, physical and psychological, have destroyed their lives. I am one of those gravely wounded. I was paralyzed in an insurgent ambush in 2004 in Sadr City. My life is coming to an end. I am living under hospice care.
I write this letter on behalf of husbands and wives who have lost spouses, on behalf of children who have lost a parent, on behalf of the fathers and mothers who have lost sons and daughters and on behalf of those who care for the many thousands of my fellow veterans who have brain injuries. I write this letter on behalf of those veterans whose trauma and self-revulsion for what they have witnessed, endured and done in Iraq have led to suicide and on behalf of the active-duty soldiers and Marines who commit, on average, a suicide a day. I write this letter on behalf of the some 1 million Iraqi dead and on behalf of the countless Iraqi wounded. I write this letter on behalf of us all—the human detritus your war has left behind, those who will spend their lives in unending pain and grief.
I write this letter, my last letter, to you, Mr. Bush and Mr. Cheney. I write not because I think you grasp the terrible human and moral consequences of your lies, manipulation and thirst for wealth and power. I write this letter because, before my own death, I want to make it clear that I, and hundreds of thousands of my fellow veterans, along with millions of my fellow citizens, along with hundreds of millions more in Iraq and the Middle East, know fully who you are and what you have done. You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans—my fellow veterans—whose future you stole.
Your positions of authority, your millions of dollars of personal wealth, your public relations consultants, your privilege and your power cannot mask the hollowness of your character. You sent us to fight and die in Iraq after you, Mr. Cheney, dodged the draft in Vietnam, and you, Mr. Bush, went AWOL from your National Guard unit. Your cowardice and selfishness were established decades ago. You were not willing to risk yourselves for our nation but you sent hundreds of thousands of young men and women to be sacrificed in a senseless war with no more thought than it takes to put out the garbage.
I joined the Army two days after the 9/11 attacks. I joined the Army because our country had been attacked. I wanted to strike back at those who had killed some 3,000 of my fellow citizens. I did not join the Army to go to Iraq, a country that had no part in the September 2001 attacks and did not pose a threat to its neighbors, much less to the United States. I did not join the Army to “liberate” Iraqis or to shut down mythical weapons-of-mass-destruction facilities or to implant what you cynically called “democracy” in Baghdad and the Middle East. I did not join the Army to rebuild Iraq, which at the time you told us could be paid for by Iraq’s oil revenues. Instead, this war has cost the United States over $3 trillion. I especially did not join the Army to carry out pre-emptive war. Pre-emptive war is illegal under international law. And as a soldier in Iraq I was, I now know, abetting your idiocy and your crimes. The Iraq War is the largest strategic blunder in U.S. history. It obliterated the balance of power in the Middle East. It installed a corrupt and brutal pro-Iranian government in Baghdad, one cemented in power through the use of torture, death squads and terror. And it has left Iran as the dominant force in the region. On every level—moral, strategic, military and economic—Iraq was a failure. And it was you, Mr. Bush and Mr. Cheney, who started this war. It is you who should pay the consequences.
I would not be writing this letter if I had been wounded fighting in Afghanistan against those forces that carried out the attacks of 9/11. Had I been wounded there I would still be miserable because of my physical deterioration and imminent death, but I would at least have the comfort of knowing that my injuries were a consequence of my own decision to defend the country I love. I would not have to lie in my bed, my body filled with painkillers, my life ebbing away, and deal with the fact that hundreds of thousands of human beings, including children, including myself, were sacrificed by you for little more than the greed of oil companies, for your alliance with the oil sheiks in Saudi Arabia, and your insane visions of empire.
I have, like many other disabled veterans, suffered from the inadequate and often inept care provided by the Veterans Administration. I have, like many other disabled veterans, come to realize that our mental and physical wounds are of no interest to you, perhaps of no interest to any politician. We were used. We were betrayed. And we have been abandoned. You, Mr. Bush, make much pretense of being a Christian. But isn’t lying a sin? Isn’t murder a sin? Aren’t theft and selfish ambition sins? I am not a Christian. But I believe in the Christian ideal. I believe that what you do to the least of your brothers you finally do to yourself, to your own soul.
My day of reckoning is upon me. Yours will come. I hope you will be put on trial. But mostly I hope, for your sakes, that you find the moral courage to face what you have done to me and to many, many others who deserved to live. I hope that before your time on earth ends, as mine is now ending, you will find the strength of character to stand before the American public and the world, and in particular the Iraqi people, and beg for forgiveness.
Rep. Walter B. Jones Jr., R-N.C., has introduced a resolution declaring that should the president use offensive military force without authorization of an act of Congress, “it is the sense of Congress” that such an act would be “an impeachable high crime and misdemeanor.”
Specifically, Article I, Section 8, of the Constitution reserves for Congress alone the power to declare war, a restriction that has been sorely tested in recent years, including Obama’s authorization of military force in Libya.
Rawstory — Former Rep. Elizabeth Holtzman (D-NY) told MSNBC’s Martin Bashir on Thursday that former President George W. Bush and former Vice President Dick Cheney could still be held accountable for violating federal criminal statues.
“As a former prosecutor and a former member of the House Judiciary Committee during Watergate, I spent a lot of time taking a look at the statues,” she explained. “It’s one thing to abuse power, and it’s one thing not to do the right thing, but it’s another thing to commit a crime.”
Holtzman said Bush and Cheney appear to have “knowingly” violated at least three statues.
She said Bush and Cheney likely committed conspiracy to defraud the United States, for the “deceptions” involved in going to war with Iraq. Secondly, she claimed they violated federal statues regarding the wiretapping of Americans without a court order. Thirdly, Holtzman said Bush and Cheney violated federal laws prohibiting torture.
“What we can’t afford to do is allow a president to say he is above the law,” she remarked.
After taking office in 2009, President Barack Obama banned the use of torture and promised to close the detention center at Guantanamo Bay. But vowed not to prosecute former Bush Administration officials, saying it was a “time for reflection, not retribution.”
Via Smirking Chimp by David Swanson — Elizabeth Holtzman knows something about struggles for justice in the U.S. government. She was a member of Congress and of the House Judiciary Committee that voted for articles of impeachment against President Richard Nixon in 1973. She proposed the bill that in 1973 required that “state secrets” claims be evaluated on a case-by-case basis. She co-authored the special prosecutor law that was allowed to lapse, just in time for the George W. Bush crime wave, after Kenneth Starr made such a mockery of it during the Whitewater-cum-Lewinsky scandals. She was there for the creation of the Foreign Intelligence Surveillance Act (FISA) in 1978. She has served on the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group, bringing long-escaped war criminals to justice. And she was an outspoken advocate for impeaching George W. Bush.
Holtzman ends her book by pointing out that legal accountability can come after many years, as in the case of various Nazis, or of Chilean dictator Augusto Pinochet, or of the murderers of civil rights activists including Medgar Evers.
In between, for the bulk of the book, Holtzman, a former district attorney, lays out the prospects for a prosecution of Bush and others on charges of lying to Congress about the grounds for war, wiretapping Americans, and conspiring to torture. This is an excellent sampling of the many horrors on the list of Bush’s abuses, and clearly the three areas in which Holtzman believes a prosecution would stand the best chance of success. Her analysis of the war lies parallels and builds on that of Elizabeth de la Vega, another former prosecutor who has written on the topic. Holtzman adds an analysis of the steps Bush took to protect himself from prosecution in this and each other area. She also examines his possible legal defenses, finding some of them strong and others easily overcome.
In each area Holtzman finds charges that would stick, if our laws were enforced. She also finds charges that would have stuck, had the statute of limitations not elapsed, and others for which a couple of years yet remain. Holtzman believes charges for conspiring to defraud the government with war lies could be brought until January 20, 2014. She also believes that charges for violation of FISA could be brought until that same date, pointing out that changes made to the law have not provided immunity for prior violations of what the law used to be, and that immunity has been granted from civil suits but not from criminal prosecution. Charges of torture, Holtzman concludes, could be brought at any time in the future.
Holtzman argues for lengthening the statutes of limitations for grave abuses of power, for creating a special prosecutor, restoring the War Crimes Act, reclaiming protection against unchecked surveillance, recovering missing records, pursuing civil cases, impeaching torture lawyer turned judge Jay Bybee, and looking abroad for hope and change. She sees some chance of the International Criminal Court pursuing charges of torture.
This book is an ideal guide for a prosecutor with nerve and decency, although we haven’t found one in this country in the past several years. Other than Kurt Daims who is running for the office of Town Grand Juror in Brattleboro, Vermont, which voted to direct its police to indict Bush and Cheney four years ago, I’m not aware of any prosecutors in the United States with plans to pursue this kind of justice.
Glaringly absent from Holtzman’s book, despite its 2012 publication date, is any significant mention of the approach that President Obama has taken. There’s not one word about “looking forward, not backward,” not even so much as one tangential reference to Obama’s public instructions to Attorney General Eric Holder, no analysis of the intense effort that the Justice Department, State Department, and White House have pursued to protect Bush and Cheney from accountability, no mention of the ways in which Obama has continued a similar pattern of criminality — a state of affairs which, of course, might explain his reluctance to allow the enforcement of laws against his predecessor.
I don’t think it’s an unfair criticism to object that a book has left out a large but intimately related topic, one that apears to have been carefully avoided. Partisan prosecution of crimes and non-crimes by Republicans under President Clinton has been aggravated by Republican defensiveness and Democratic spinelessness under Bush. But it is the Democratic switch to defending all presidential wrongdoing since 2008 that has put the largest nails into the coffin of legitimate rule by law in this country. Bush’s crimes have been legitimized. Obama has claimed the power to torture as he deems necessary, the power to imprison and rendition as he sees fit, the power to murder any human being including U.S. citizens and children as he and he alone declares necessary, and powers of state secrecy that Nixon and Cheney never dreamed of. While Bush lied the Congress into a war that a reasonably intelligent 8 year old could have seen through, Obama has made the launching of wars a matter for the president alone. And that’s just fine with Democrats. Surely Holtzman is aware that this partisanship is a cancer, that it has ruined the power of impeachment and done away with truly independent special prosecutors, and that the purpose of accountability is to halt the ongoing acceptance of crime.
I have to quibble as well with Holtzman’s lowballing of the Iraq war death count by two orders of magnitude. I know everybody does it, but I still find it grotesque.
And yet I have to strongly recommend that this book be read and presented to every prosecutor in this country, including the seemingly shameless Eric Holder. We’ve got 23 months.