The Lucifer Effect
Indeed, any claim of good faith—that those who formulated the poli-
cies were merely misguided in their pursuit of security in the face of what
is certainly a genuine terrorist threat—is belied by the policy makers'
more than tacit acknowledgment of their unlawful purpose The mes-
sage that these memoranda convey in response is unmistakable: these
policy makers do not like our system of justice, with its checks and bal-
ances, and rights and limits, that they have been sworn to uphold. That
antipathy for and distrust of our civilian and military justice systems is
positively un-American.
8 4
Law Professor Jordan Paust (former captain, U.S. Army Judge Advocate Gen-
eral's Corps) wrote of George W. Bush's legal advisers, who prepared these justifi-
cations for torture against detainees, "Not since the Nazi era have so many
lawyers been so clearly involved in international crimes concerning the treat-
ment and interrogation of persons detained during war."
Heading that list of advisers is Attorney General Alberto Gonzales, who
helped develop a legal memo that reinterpreted "torture" as noted above. Not
until the Abu Ghraib photos were disclosed did Gonzales and President Bush re-
pudiate this memo offering the most extreme conception of torture. Gonzales's
dedication to expanding presidential powers within the framework of the war on
terror has been compared to that of the influential Nazi lawyer Carl Schmitt.
Schmitt's ideas about freeing the nation's executive from legal constraints in
times of emergency helped suspend Germany's constitution and gave Hitler total
power. Gonzales's biographer noted that Gonzales is a likable man who comes
across as an "ordinary man" without sadistic or psychopathic tendencies.
8 5
How-
ever, in his institutional role, Gonzales's legal memos have been responsible for
suspension of civil liberties and brutal interrogation of terror suspects in viola-
tion of international law.
8 6
Gitmo Interrogations Opposed by the Defense Department's Criminal
Investigation Task Force
According to a recent MSNBC report, leaders of the Defense Department's Crimi-
nal Investigation Task Force said that they had repeatedly warned senior Penta-
gon officials (beginning in early 2 0 0 2 and continuing for years after) that the
harsh interrogation techniques used by a separate intelligence team would not
produce reliable information, could constitute war crimes, and would embarrass
the nation when they became public knowledge. The concerns and advice of
these experienced criminal investigators were largely ignored by all those in the
chain of command directing the interrogations at Gitmo and Abu Ghraib in favor
of their preferred intense, coercive forms of interrogation. Alberto J. Mora, the
former general counsel of the Navy, has gone on record supporting the members
of this task force: "What makes me intensely proud of all these individuals was
that they said, 'We will not be party to this, even if we are ordered to do so.' They
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