Time to Look Back?
I’ve been quiet for months on a range of political issues that used to occupy a fair bit of space on Ron’s View. largely because I’ve run out of things to say that aren’t said better by many others. But today I’m going to devote a post to quoting one of my betters, in the context of Dianne Feinstein waking up to CIA abuse in its years-long coverup of torture.
Here are Mark Mazzetti and Jonathan Weisman, reporting last Tuesday in the NYT:
A festering conflict between the Central Intelligence Agency and its congressional overseers broke into the open Tuesday when Senator Dianne Feinstein, chairwoman of the Intelligence Committee and one of the C.I.A.’s staunchest defenders, delivered an extraordinary denunciation of the agency, accusing it of withholding information about its treatment of prisoners and trying to intimidate committee staff members investigating the detention program.
In a New York Review of Books post yesterday, David Cole urges us not to lose sight of the more important story, the torture itself.
The old Washington adage that the cover-up is worse than the crime may not apply when it comes to the revelations this week that the Central Intelligence Agency interfered with a Senate torture investigation. It’s not that the cover-up isn’t serious. It is extremely serious—as Senator Dianne Feinstein said, the CIA may have violated the separation of powers, the Fourth Amendment, and a prohibition on spying inside the United States. It’s just that in this case, the underlying crimes are still worse: the dispute arises because the Senate Intelligence Committee, which Feinstein chairs, has written an as-yet-secret 6,300 page report on the CIA’s use of torture and disappearance—among the gravest crimes the world recognizes—against al-Qaeda suspects in the “war on terror.”
But the crime that we must never lose sight of is the conduct that led to the investigation in the first place. To recall: in 2002, shortly after the 9/11 attacks, the Bush administration authorized the CIA to establish a series of secret prisons, or “black sites,” into which it disappeared “high-value” al-Qaeda suspects, often for years at a time, without any public acknowledgment, without charges, and cut off from any access to the outside world. The CIA was further authorized to use a range of coercive tactics—borrowed from those used by the Chinese to torture American soldiers during the Korean War—to try to break the suspects’ will. These included depriving suspects of sleep for up to ten days, slamming them against walls, forcing them into painful stress positions, and waterboarding them.
The program was approved by President Bush himself, as well as Vice-President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, Secretary of State Colin Powell, Attorney General John Ashcroft, and CIA Director George Tenet. John Yoo and Jay Bybee, Justice Department lawyers, wrote memos to whitewash the program. These acts were war crimes under the laws of war and grave human rights abuses. Yet no one has yet been held accountable for any of them.
As I have argued before, accountability comes in many forms; there is little likelihood that former officials will be criminally prosecuted, even after the report is issued. But an official report can itself be a form of reckoning. … A secret report, however, is no accountability at all. In an encouraging sign, President Obama on Wednesday said that he favors making the report public so that the American people can judge for themselves the CIA’s conduct. You can bet the CIA will fight tooth and nail to frustrate that pledge. We must insist that President Obama keep this promise.
In law, we say that torture “taints” an investigation. The legal doctrine that precludes reliance on evidence obtained from torture is called the “fruit of the poisonous tree” rule. But as this latest saga reflects, torture does far more than merely “taint” evidence. It corrupts all who touch it. The CIA’s desperate efforts to hide the details of what the world already knows in general outline—that it subjected human beings to brutal treatment to which no human being should ever be subjected—are only the latest evidence of the poisonous consequences of a program euphemistically called “enhanced interrogation.”
Obama has been the national leader in allowing his predecessor and colleagues to duck accountability. (Recall that in January 2011, shortly before his inauguration, Obama stated his “belief that we need to look forward as opposed to looking backwards.”) Let us hope that he does insist on release of the report at long last.