Putting the System on Trial
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low those orders that are given to us and we do the honorable thing, and
this behavior [the Abu Ghraib Prison abuses and torture] degrades that.
And we also, just like any other Army, we need a moral high ground, as
well, to rally ourselves.
1
My closing statement in the Frederick trial was spontaneous and unscripted.
It foreshadowed some key arguments that will be developed in this chapter, which
provides fuller scope for the theses that powerful situational and systemic forces
were operating to cause these abuses. Moreover, in the time since that trial (Octo-
ber 2 0 0 4 ) , further evidence has emerged that clearly shows the complicity of a
host of military commanders in the abuses and torture on Tier 1 A, Abu Ghraib
Prison. Here is the text of my statement:
The Fay Report, the Taguba Report indicate that this [abuse] could have
been prevented had the military put in any of the resources or any of the
concern that they're putting into these trials—Abu Ghraib never would
have happened. But Abu Ghraib was treated with indifference. It had no
priority, the same low priority in security as the archaeological museum in
Baghdad [whose treasures were looted after Baghdad was "liberated"
while soldiers passively watched]. These are both low-priority [military]
items, and this one happened to erupt under these unfortunate circum-
stances. So I think that the military is on trial, particularly all of the offi-
cers who are above Sergeant Frederick who should have known what was
going on, should have prevented it, should have stopped it, and should
have challenged it. They are the ones who should be on trial. Or, if
Sergeant Frederick is responsible to some extent, whatever his sentence is,
has to be, I think, mitigated by the responsibility of the whole chain of
command.
2
In this chapter, our path will follow several different directions that should
lead us to draw out from behind the dark screen of concealment the central role
of many key players in the drama at Abu Ghraib—the directors, scriptwriters,
and stage managers who made this tragic play possible, In a sense, the MPs were
merely bit actors, "seven characters in search of an author," or a director.
Our task is to determine what were the systemic pressures that existed out-
side of the situation that existed inside Abu Ghraib's hard site of interrogation.
We need to identify the particular parties involved at all levels in the chain of com-
mand for creating the conditions responsible for the implosion of human charac-
ter in those MPs. In presenting the chronology of these intertwined forces, I will
switch roles from that of defense expert to that of prosecutor. In that capacity, I
introduce a new kind of modern evil, "administrative evil," that constitutes the
foundation of complicity of the chain of political and military command in these
abuses and tortures.
3
Both public and private organizations, because they operate
within a legal framework, not an ethical framework,
c a n inflict suffering, even