We have seen the unusual sight of the President of the United States
affirming that he believes in following the laws of the United States. We need to see this declaration from the President, of course, because of numerous, widespread abuse of prisoners held by the United States in Afghanistan, Iraq and Guantanamo; where such abuse seems to fit the internationally accepted definition of torture. We need to hear the President say this because a two-star general selected to investigate the abuses at Abu Ghraib was
not high enough up the command chain to investigate those above him, so he will have to be replaced by a four-star general. We need to hear the President say this because his subordinates have drafted memos that seem to promote the use of torture.
Jack Balkin, the Knight Professor of Constitutional Law at Yale University,
tears to shreds a memo prepared that tries to give the President the power to set aside laws as he sees fit, which would include giving the President the power to authorize torture.
Sadly, the administration’s verbal stance on torture the last few weeks is the exact opposite of their behavior on torture. Our country deserves better.
As a side note, remember the first Gulf War, when George H. W. Bush was in the White House? I do not recall any reports of prisoner abuse during that war. Remember also during the recent Iraq war in 2003, when U.S. prisoners were put on Iraqi television? The mere placement of prisoners on Iraqi television
was called a violation of the Geneva Convention, even though the U.S. prisoners were not physically abused. At that time, President Bush stated “We expect them to be treated humanely, just like we’ll treat any prisoners of theirs that we capture humanely. If not, the people who mistreat the prisoners will be treated as war criminals”.
Update:
Others call President Bush’s assertion that he intends to follow the laws of the United States a “non-denial” that we believe in torture.
Update 2: Seymour Hersh, the reporter who first broke the Abu Ghraib prisoner abuse/torture story,
hints that there are worse stories out there, involving “horrible things done to children of women prisoners, as the cameras run.” Let’s hope this is not true.