The OPR report: this era's 'Hiroshima'
http://judiciary.house.gov/hearings/pdf/OPRFinalReport090729.pdfThe OPR report is essentially this era's Hiroshima. As Hersey's book does, it makes us confront what was done in our name -- "our" meaning the citizens of the United States.
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If you want to argue that "whatever" happened in the "war on terror" was necessary because of the magnitude and novelty of the threat, then you had better be willing to face what the "whatever" entailed. Which is what this report brings out. And if you believe -- as I do, and have argued through the years -- that what happened included excessive, abusive, lawless, immoral, and self-defeating acts done wrongly in the name of American "security," then this is a basic text as well.
To conclude the logical sequence, if not to resolve this issue (which will be debated past the time any of us are around), you should then read the recent memo by David Margolis, of the Justice Department, overruling the OPR's recommendation that Yoo and Bybee should be punished further. It is available as a 69-page PDF here. Margolis is a widely-esteemed voice of probity and professional excellence inside the Department.
What is most striking to me as a lay reader is how much of his argument rests not on strictly legal judgments but rather on a historical/political assertion.
The assertion is that in the immediate aftermath of 9/11, anxiety was so high, fears were so great, and standards of all sorts were so clearly in abeyance, that normal rules about prudence and arm's-length deliberation cannot fairly be applied in retrospect. Ie, "you had to be there." Perhaps.
And, of course, we all were there.) In normal life we recognize the concept of decisions made in the heat of the moment, under time pressure, and without complete info. But
it is worth noting that the central "torture memos" were from mid-summer 2002, nine months after the initial attacks -- by people whose job was supposed to be providing beyond heat-of-the-moment counsel.The "torture years" are now an indelible part of our history. The names Bybee and Yoo will always be associated with these policies. Whether you view them as patriots willing to do the dirty work of defending the nation -- the Dick Cheney view, the 24 view, which equates the torture memos with Abraham Lincoln's imposition of martial law -- or view them as damaging America's moral standing in ways that will take years to repair (my view),
you owe it to yourself to read these original documents. http://jamesfallows.theatlantic.com/archives/2010/02/when_you_are_done_reading_this.php