- The teflon that has enveloped George W. Bush is chipping
off. Arriving in office with the promise of a "humble" foreign
policy, Bush was sitting pretty at the beginning of his term. But Georges
honeymoon has turned sour.
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- From the first day of his presidency, the neocons in
Bushs cabal determined to "stabilize" Iraq for U.S. corporate
investment. Bush had his own motives to "git" Saddam for his
would-be hit on George I. The tragedy of September 11 gave them just the
opportunity theyd been waiting for.
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- Cloaking themselves in the "War on Terror,"
Bush and his minions methodically wove an intricate web of deception to
convince the American people that Saddam was about to launch the "mushroom
cloud," ending civilization as we know it.
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- It was our mission, Bush preached, to save the Iraqis
from Saddam-the-torturer. But a telling phrase in Bushs January 2003 State
of the Union Address should have prepared us for the emergence of Bush-the-torturer.
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- "All told, more than 3,000 suspected terrorists
have been arrested in many countries, and many others have met a different
fate," Bush said. "Let's put it this way," he clarified,
"they are no longer a problem for the United States and our friends
and allies."
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- This was an implicit admission by Bush that he had sanctioned
the summary execution of the "many others."
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- Gradually, it became clear there were no weapons of mass
destruction. This week, the 911 Commission reported there is no credible
evidence Saddam Hussein and al Qaeda cooperated in the 911 attacks. Yet,
this same week, Dick Cheney intoned that Saddam "had long-established
ties with al Qaeda." More disinformation.
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- Americans soon began to tire of Operation "Iraqi
Freedom." Most feel there was no good reason to suffer the deaths
of nearly 1000 American soldiers and thousands of Iraqis, no need to spend
billions of precious taxpayer dollars on the Iraqi quagmire.
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- In the face of waning support for the war and the impending
U.S. election, the Bushies devised a strategy to hand-over "sovereignty"
to the Iraqi people on June 30. notwithstanding the titular end of the
occupation, 138,000 American troops will remain on the ground in Iraq.
Although the violence in Iraq has intensified, with Iraqis fighting both
the occupiers and other Iraqis, the June 30 date stands firm.
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- Meanwhile, the photographs began to emerge. The world
was treated to images of pyramids of naked Iraqis, forced masturbation,
unmuzzled dogs snarling at prisoners a few inches away, bleeding and dead
Iraqis.
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- Major General Antonio Tagubas report was released. It
documented sodomy with a chemical light and simulated electric wires attached
to the penis of a nude hooded prisoner.
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- As fingers began to point up the chain-of-command, prisoners
were released and commanders reassigned. The cover-up got underway.
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- Donald Rumsfeld called it "abuse," not "technically"
torture. A few bad apples. Nothing too serious.
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- Seven low-ranking soldiers were quickly charged with
crimes under the Uniform Code of Military Justice - the fall guys and gals.
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- And then "the leaks" began. The photographs
and testimonials of torture had empowered those on the inside to contact
the media with the bombshells. We learned that Bushs hired guns had secretly
penned two tomes, one for the Defense Department and the other for the
Justice Department. Both documents purport to justify the use of torture
under the Presidents war-making power, notwithstanding the Constitutions
clear mandate that only Congress can make the laws.
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- The Congressional powers enumerated in the Constitution:
"Congress shall have the power - to define and punish - offenses against
the law of nations; to declare war - and make rules concerning captures
on land and water; - [and] to make rules for the government and regulation
of the land and naval forces."
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- As commander-in-chief, however, the President has a "constitutionally
superior position" to Congress, according to the memo written for
the Defense Department. It seems the presidents men have now taken on the
tripartite Separation of Powers doctrine enshrined in the Constitution.
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- Their constitutional apostasy flies in the face of the
landmark ruling in the Korean War case, Youngstown Sheet & Tube Co.
v. Sawyer, where the Supreme Court held, "In the framework of our
Constitution, the Presidents power to see that the laws are faithfully
executed refutes the idea that he is to be a lawmaker." For, as the
Court noted, "The Founders of this Nation entrusted the law making
power to the Congress alone in both good and bad times."
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- Try as they might, the lawyers commissioned by Donald
Rumsfeld and presidential counsel Alberto R. Gonzales were unable to find
a loophole in the Torture Conventions absolute proscription on torture.
"No exceptional circumstances whatsoever, whether a state of war or
a threat of war, internal political instability or any other public emergency,
may be invoked as a justification for torture," according to the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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- The Torture Convention, ratified by the United States,
is part of the supreme law of the land under the Constitution. Congress
implemented our obligations under this treaty by enacting the Torture Statute,
which provides 20 years, life in prison, or even the death penalty if death
results from torture committed by a U.S. citizen abroad. The USA PATRIOT
Act added the crime of conspiracy to commit torture to the Torture Statute.
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- Bushs lawyers used tortured reasoning to opine that the
Torture Statute cannot be utilized to prosecute Americans in Guantanamo
because it lies within the "territorial jurisdiction of the United
States, and accordingly is within the United States."
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- The Bush administration has hypocritically taken the
opposite position in denying the Guantanamo prisoners access to U.S. courts
to challenge their indefinite detention.
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- The Torture Convention prohibits the intentional infliction
of severe physical or mental pain or suffering on a person to (a) obtain
a confession, (b) punish him, or (c) intimidate or coerce him based on
discrimination of any kind. To violate this treaty, the pain or suffering
must be inflicted "by or at the instigation of or with the consent
or acquiescence of a public official or other person acting in an official
capacity."
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- Ashcrofts legal eagles redefined torture, narrowing it
to require the infliction of physical pain "equivalent in intensity
to the pain accompanying serious physical injury, such as organ failure,
impairment of bodily function, or even death." For mental pain or
suffering, they would require "significant psychological harm of significant
duration, e.g., lasting for months or even years."
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- The Istanbul Protocol of 9 August 1999 is the Manual
on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. It sets forth international
guidelines for the United Nations High Commissioner for Human Rights.
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- Included in the Protocols list of torture methods are
rape, blunt trauma, forced positioning, asphyxiation, crush injuries, humiliations,
death threats, forced engagement in practices violative of religion, and
threat of attacks by dogs. The photographs and reports from prisoners in
Abu Ghraib include all of these techniques.
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- Moreover, the Defense Department analysis maintained
that a torturer could get off if he acted in "good faith," not
thinking his actions would result in severe mental harm. If the torturer
based his conduct on the advice in these memos, he would, according to
this argument, have acted in good faith.
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- Who authored the "whorific" rationalizations
for the Justice and Defense Departments? A Washington Post editorial called
it "a shocking and immoral set of justifications for torture."
William J. Haynes II, Bushs nominee for a lifetime seat on the Fourth Circuit
Court of Appeal, oversaw the preparation of the report for the Department
of Defense. And another Bush nominee for a federal judgeship, former Assistant
Attorney General Jay S. Bybee, now a permanent judge on the Ninth Circuit
Court of Appeals, drafted the document for the Department of Justice. How
cozy.
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- Not only has Bush received legal [sic] advice on how
to get around our obligations under the Torture Convention and the Torture
Statute. His lawyer Alberto Gonzales, opining on whether to apply the Geneva
Conventions to Taliban and al Qaeda prisoners, told Bush the "new
paradigm" of the war on terror "renders obsolete Genevas strict
limitations on questioning of enemy prisoners and renders quaint some of
its provisions."
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- Evidently the Bush administration thinks prohibitions
on torture, and Congress lawmaking authority in our own Constitution, are
quaint.
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- Gonzales, who is often mentioned as a prospective Bush
nominee for the Supreme Court, went on to assure his boss that "your
determination [to bypass the Geneva Conventions] would create a reasonable
basis in law that Section 2441 [the War Crimes Statute] does not apply,
which would provide a solid defense to any future prosecution." So
Bushs own decision to bypass Geneva gives him a defense to violating Geneva.
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- One year ago, Bush repudiated torture in a statement
on the United Nations International Day in Support of Victims of Torture:
"Torture anywhere is an affront to human dignity everywhere,"
he assured us disingenuously.
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- Trying to calm the mushrooming public relations disaster
occasioned by the leaking of the legal opinions, Bush said flippantly,
"The instructions went out to our people to adhere to law. That ought
to comfort you." But last week, when Bush was asked whether he had
seen the Justice Department memo, he answered, "I dont remember."
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- Rumsfeld, who, according to a Defense Department spokesman,
approved 24 of 35 interrogation techniques in a classified directive, refuses
to state publicly what he sanctioned. Ashcroft defied Congressional requests
to release the legal policy memo prepared at his instigation.
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- "There are some extremely damaging documents around,
which link senior figures to the abuses," according to former New
York Bar Association chairman Scott Horton, who is advising dissenters
at the Pentagon. He maintains, "The biggest bombs in this case have
yet to be dropped."
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- If Bush knew or should have known about the torture,
and failed to stop or prevent it, he could be liable for "command
responsibility" if prosecuted under the War Crimes Act or the Torture
Statute. A federal court in Miami in July 2002 held two retired Salvadoran
generals liable for torture, even though neither had perpetrated or ordered
it.
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- On January 21, 2004, a prisoner gave a sworn statement
to the Washington Post about his experience in Abu Ghraib. He reported
being beaten on his kidneys and ear until he lost consciousness, being
tied to the window with his hands behind his back until he lost consciousness,
and being sodomized with a stick about 2 centimeters into his anus.
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- Sgt. Greg Ford, a California National Guardsman, said
he repeatedly revived prisoners who had passed out after being choked in
an Iraqi police station. Ford saw a soldier stand on the back of a handcuffed
detainees neck and pull his arms until they popped out of their sockets.
"Twice I had to pull burning cigarettes out of detainees ears,"
according to Ford.
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- Another former National Guardsman was choked and beaten
to the point of brain damage, while acting as a detainee being beaten by
fellow military policeman during training at Guantanamo.
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- These accounts do not describe conduct befitting a civilized
country.
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- George W. Bush came into the White House - albeit through
the back door - pledging to restore honor to the White House. Instead,
he has dishonored America by leading us into an illegal war under false
pretenses.
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- In light of the Defense and Justice Department documents,
there is probable cause to believe that the commander-in-chief condoned
the methodology of torture to secure information from prisoners.
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- The Constitution mandates the impeachment of a President
for high crimes and misdemeanors. There is no higher crime than a war crime.
Willful killing, torture and inhuman treatment constitute grave breaches
of the Geneva Convention, which are considered war crimes under The War
Crimes Act of 1996. Even if Bushs lawyers could successfully parse the
meaning of torture, they cannot deny that the atrocities weve seen constitute
inhuman treatment.
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- Bush impliedly admitted sanctioning willful killing,
torture and inhuman treatment in his 2003 State of the Union Address. He
would be liable under the doctrine of command responsibility for war crimes
committed in Iraq as well. The captain goes down with his ship. It is time
to call for the Impeachment of George W. Bush.
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- Marjorie Cohn, is a contributing editor to t r u t h
o u t, a professor at Thomas Jefferson School of Law, executive vice president
of the National Lawyers Guild, and the U.S. representative to the executive
committee of the American Association of Jurists.
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- http://www.truthout.org/docs_04/061804A.shtml
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