Jane Smiley: Bush Is Right To Worry If Waterboarding Is Defined As Torture

[Hissyspit]

Bush Is Right to Worry If Waterboarding Is Defined as Torture

By Jane Smiley, HuffingtonPost.com. Posted November 3, 2007.

We should take the criminality of the Bush administration's torture policy seriously, and that means making sure they are not above the law. (Also: A waterboarding simulation photoseries.)

There is an article in Thursday's New York Times about the way Michael Mukasey has been hedging on waterboarding. The difficulty, according to many experts is, as "Jack L. Goldsmith, who served in the Justice Department in 2003 and 2004, wrote in his recent memoir, The Terror Presidency, that the possibility of future prosecution for aggressive actions against terrorism was a constant worry inside the Bush administration." Another expert points out that future prosecutors "... would ask not just who carried it out, but who specifically approved it. Theoretically, it could go all the way up to the president of the United States; that's why he'll never say it's torture."

I have to say that I am both glad and amazed that the Bush administration is with it enough to worry. That is a good sign. And they should worry, because they should be indicted, at least. I hope that they are, and that, indeed, it does "go all the way up to the president." One of the Attorney General's jobs should be making sure not only that the laws are enforced, but also that the laws are actual laws -- not opinions by John Yoo or David Addington or some other administration apologist. There is an exact definition of what a law is in this country, and it is not the same as a partisan legal opinion.

- snip -

Mukasey and other Bush administration officials clearly believe that they are going to put over the idea that they "might have gone too far", but that their "intentions were good" and they "just wanted to protect the country." In such a way, they plan to avoid paying the price for their choices and decisions. The law deals with this sort of defense. Someone whose car hits another person in a crosswalk might have been too frightened to stick around or might not have even realized he had hit someone, but the law still prosecutes these crimes, because a responsible citizen is expected to conform to the laws no matter what his emotional state. Same with Cheney and Bush.

You or I may suspect that they were indifferent to the idea of torture in their names, or possibly relished it, but we will never know that. We do, however, know that they explicitly and knowingly allowed torture. The law has no meaning if they don't have to pay for these crimes.

The number of times the Bush administration has skirted or broken or changed the laws to suit themselves is enormous and outrageous. We cannot hope to correct what they have done to our country without addressing their lawlessness. If this means retroactive prosecution, I say bring it on. The fact that they are worried means they know that they should have known better -- in fact, they did know better. All of them.

*****

The following is a photoseries simulating what waterboarding looks like narrated by David Corn, excerpted from an article davidcorn.com.

Below are photographs taken by Jonah Blank (last year) at Tuol Sleng Prison in Phnom Penh, Cambodia. The prison is now a museum that documents Khymer Rouge atrocities. Blank, an anthropologist and former Senior Editor of US News & World Report, is author of the books Arrow of the Blue-Skinned God and Mullahs on the Mainframe.

- snip -

How were they used? Here's a painting by a former prisoner that shows the waterboard in action:



In an email to me, Blank explained the significance of the photos. He wrote:

The crux of the issue before Congress can be boiled down to a simple question: Is waterboarding torture? Anybody who considers this practice to be "torture lite" or merely a "tough technique" might want to take a trip to Phnom Penh. The Khymer Rouge were adept at torture, and there was nothing "lite" about their methods. Incidentally, the waterboard in these photo wasn't merely one among many torture devices highlighted at the prison museum. It was one of only two devices singled out for highlighting (the other was another form of water-torture -- a tank that could be filled with water or other liquids; I have photos of that too.) There was an outdoor device as well, one the Khymer Rouge didn't have to construct: chin-up bars. (The prison where the museum is located had been a school before the Khymer Rouge took over).

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[malaise]

1. Yep any admission means more war crimes for

Bushco.

[opihimoimoi]

2. Oh Oh....Now what??? Whacha gonna do? Whacha gonna do?