To the Editor:
“On Torture and American Values” lets Congress off the hook too easily regarding the torture and secret detention program. As with the Iraq war, many Republicans and Democrats were and still are willing to be misled (or claim to have been so) rather than appear to be perceived as weak on terrorism.
Sadly, Congress by its actions and inactions is the handmaiden of the torture program. Despite the publicly revealed memos authorizing torture and the testimony of its widespread use, Congress, even under the Democrats, has yet to hold even one hearing regarding the responsibility of high administration officials. Perhaps had it done so, the administration would not have felt emboldened to continue the program. Instead, Congress affirmatively aided the torture program. Examples abound: removing habeas corpus from detainees and failing in its restoration (habeas is key to protecting against torture – lawyers and courts have access to detainees); granting amnesty to officials who may have violated the torture and war crimes provisions of our law; allowing a defense for future abusers if they relied upon legal advice; authorizing the president to redefine cruel, inhuman and degrading treatment; and permitting the use of evidence derived from torture and coercion.
Now with the nomination of a new attorney general, Congress again has an opportunity to make its voice heard: no attorney general who does not clearly and unequivocally repudiate the new torture memos and the secret sites at which torture is carried out should even be considered for the job.
President Center for Constitutional Rights New York, Oct. 8, 2007
Text of Editorial
On Torture and American Values
OCT. 7, 2007
Once upon a time, it was the United States that urged all nations to obey the letter and the spirit of international treaties and protect human rights and liberties. American leaders denounced secret prisons where people were held without charges, tortured and killed. And the people in much of the world, if not their governments, respected the United States for its values.
The Bush administration has dishonored that history and squandered that respect. As an article on this newspaper’s front page last week laid out in disturbing detail, President Bush and his aides have not only condoned torture and abuse at secret prisons, but they have conducted a systematic campaign to mislead Congress, the American people and the world about those policies.
After the attacks of 9/11, Mr. Bush authorized the creation of extralegal detention camps where Central Intelligence Agency operatives were told to extract information from prisoners who were captured and held in secret. Some of their methods — simulated drownings, extreme ranges of heat and cold, prolonged stress positions and isolation — had been classified as torture for decades by civilized nations. The administration clearly knew this; the C.I.A. modeled its techniques on the dungeons of Egypt, Saudi Arabia and the Soviet Union.
The White House could never acknowledge that. So its lawyers concocted documents that redefined “torture” to neatly exclude the things American jailers were doing and hid the papers from Congress and the American people. Under Attorney General Alberto Gonzales, Mr. Bush’s loyal enabler, the Justice Department even declared that those acts did not violate the lower standard of “cruel, inhuman or degrading treatment.”
That allowed the White House to claim that it did not condone torture, and to stampede Congress into passing laws that shielded the interrogators who abused prisoners, and the men who ordered them to do it, from any kind of legal accountability.
Mr. Bush and his aides were still clinging to their rationalizations at the end of last week. The president declared that Americans do not torture prisoners and that Congress had been fully briefed on his detention policies.
Neither statement was true — at least in what the White House once scorned as the “reality-based community” — and Senator John Rockefeller, chairman of the Intelligence Committee, was right to be furious. He demanded all of the “opinions of the Justice Department analyzing the legality” of detention and interrogation policies. Lawmakers, who for too long have been bullied and intimidated by the White House, should rewrite the Detainee Treatment Act and the Military Commissions Act to conform with actual American laws and values.
For the rest of the nation, there is an immediate question: Is this really who we are?
Is this the country whose president declared, “Mr. Gorbachev, tear down this wall,” and then managed the collapse of Communism with minimum bloodshed and maximum dignity in the twilight of the 20th century? Or is this a nation that tortures human beings and then concocts legal sophistries to confuse the world and avoid accountability before American voters?
Truly banning the use of torture would not jeopardize American lives; experts in these matters generally agree that torture produces false confessions. Restoring the rule of law to Guantánamo Bay would not set terrorists free; the truly guilty could be tried for their crimes in a way that does not mock American values.
Clinging to the administration’s policies will only cause further harm to America’s global image and to our legal system. It also will add immeasurably to the risk facing any man or woman captured while wearing America’s uniform or serving in its intelligence forces.
This is an easy choice.