Putting the System on Trial 433
dozen top military commanders from the Marines, Army, and Navy. They asserted
that the Army field manual is the tried and true "gold standard" that should be
followed consistently.
As a postscript, these generals and admirals believe that "when agencies
other than DoD [Department of Defense] detain and interrogate prisoners, there
should be no legal loopholes permitting cruel and degrading treatment."
7 6
McCain takes a broad perspective on torture and the need to right America's
moral compass. In a Newsweek magazine essay on "The Truth About Torture,"
McCain held that:
This is a war of ideas, a struggle to advance freedom in the face of terror in
places where oppressive rule had bred the malevolence that creates terror-
ists. Prisoner abuses extract a terrible toll on us in this war of ideas. They
inevitably become public, and when they do they threaten our moral
standing.... The mistreatment of prisoners harms us more than our ene-
m i e s .
7 7
It is unlikely that passage of this legislation will dim Cheney's passionate sup-
port for the CIA's use of all the means at its disposal to get confessions and intelli-
gence from secretly held terror suspects. This must be so when we consider Cheney's
steadfast adherence to the beliefs he expressed shortly after the 9 / 1 1 attacks. In a
televised interview on NBC's Meet the Press, Cheney made a remarkable statement:
We also have to work, though, sort of the dark side, if you will. We've got
to spend time in the shadows in the intelligence world. A lot of what needs
to be done here will have to be done quietly, without any discussion, using
sources and methods that are available to our intelligence agencies, if
we're going to be successful. That's the world these folks operate in, and so
it's going to be vital for us to use any means at our disposal, basically, to
achieve our objective.
7 8
In an NPR interview, the former chief of staff for Secretary of State Colin
Powell, Colonel Lawrence Wilkerson, charged that the Cheney-Bush team of neo-
conservatives issued directives that led to the prisoner abuses by soldiers in Iraq
and Afghanistan. Wilkerson outlined the path such directives took:
It was clear to me that there was a visible audit trail from the vice presi-
dent's [Cheney's] office through the secretary of defense [Rumsfeld] down
to the commanders in the field that in carefully couched terms—that to a
soldier in the field meant two things: We're not getting enough good intel-
ligence and you need to get that evidence—and, oh, by the way, here's
some ways you can probably get it.
Wilkerson also referred to David Addington, Cheney's counsel, as "a staunch
advocate of allowing the president in his capacity as commander in chief to devi-
4 3 4
The Lucifer Effect
ate from the Geneva Conventions."
7 9
This leads us right up to the pinnacle of
power.
President George W. Bush as "The Commander in Chief of W a r "
As commander in charge of an open-ended war on global terrorism, President
George W. Bush has relied on a team of legal advisers to establish a legitimate
basis for a preemptive war of aggression against Iraq, to redefine torture, to create
new rules of engagement, to restrict citizens' freedoms through the so-called
PATRIOT Act, and to authorize illegal eavesdropping, wiretapping, and spying on
the phone calls of American citizens. As usual, all this is done in the name of pro-
tecting the sacred homeland national security in the global war against you-
know-what. Bush's legal advisory team consisted of: Alberto R. Gonzalez, counsel
to the president (subsequently promoted to attorney general); John You, deputy
assistant attorney general, and Jay S. Bybee, assistant attorney general (both of the
Department of Justice); Attorney General John Ashcroft; and William H. Taft IV.
legal adviser, State Department.
Alberto Gonzales offered the following legal judgment to the president
(memo, January 2 5 , 2 0 0 2 ) : "The nature of the new war places a high premium
on other factors, such as the ability to quickly obtain information In my judg-
ment, this new paradigm renders obsolete Geneva's strict limitations on question-
ing of enemy prisoners."
The Torture Memos
An August 1, 2 0 0 2 , Department of Justice memo, referred to in the press as the
"Torture Memo," narrowly defined "torture" in terms not of what it constitutes
but only in terms of its most extreme consequences. It held that physical pain
must be "equivalent in intensity to the pain accompanying serious physical in-
jury, such as organ failure, impairment of bodily function, or even death." In line
with this memo, in order to prosecute anyone charged with torture crimes, it is
necessary that it must have been the "specific intent" of the defendant to cause
"severe physical or mental pain or suffering." "Mental torture" was narrowly de-
fined to include only acts that would result in "significant psychological harm of
significant duration, e.g., lasting for months or years."
The memo went on to assert that the earlier ratification of the 1 9 9 4 anti-
torture statute could be considered unconstitutional because it would interfere
with the president's power as commander in chief. Other guidelines from the Jus-
tice Department's lawyers gave the president the power to reinterpret the Geneva
Conventions to suit the administration's purposes in the war on terror. Belligerents
captured in Afghanistan, Taliban soldiers, al-Qaeda suspects, insurgents, and all
those rounded up and taken into custody would not be considered POWs, and
therefore not granted any of the legal protections to which a prisoner of war is en-
titled. As "enemy noncombatants," they could be held indefinitely at any facility
in the world, without counsel or specific charges leveled against them. In addi-
Putting the System on Trial
435
tion, the president apparently approved the CIA's program of "disappearing"
high-value terrorists.
The evidence is circumstantial, but it is convincing. For example, in his book
State of War: The Secret History of the C.I.A. and the Bush Administration, James
Risen concludes that there is "a secret agreement among very senior administra-
tion officials to insulate Bush and to give him deniability" in regard to the CIA's in-
volvement in the extreme new interrogation t a c t i c s .
8 0
A less gracious description of the relationship between President Bush and
his team of legal advisers came from the legal scholar Anthony Lewis, after he
had thoroughly reviewed all the available memoranda:
The memos read like the advice of a mob lawyer to a mafia don on how to
skirt the law and stay out of prison. Avoiding prosecution is literally a
theme of the m e m o r a n d a . . . . Another theme in the memoranda, an even
more deeply disturbing one. is that the President can order the torture of
prisoners even though it is forbidden by a federal statute and by the inter-
national Convention Against Torture, to which the United States is a
Do'stlaringiz bilan baham: |