THE BLOG
05/18/2009 05:12 am ET | Updated May 25, 2011

A Little Torture

"There is no such thing as a little torture."
-- Alfred M. McCoy, author of A Question of Torture

The Bush administration is really an impressive force of nature. Whenever I was absolutely certain that their dastardly deeds couldn't possibly get any more nefarious, Dick Cheney shot a family friend in the face, or George W. Bush ordered the U.S. military to invade another country. When they finally left office, I assumed they couldn't harm America's reputation ever again.

I was wrong. The Justice Department finally made the infamous memos that sanctioned torture public this week. The details are horrific. Not only are barbaric measures like "walling" (slamming a person into a wall,) and stress positions deemed acceptable by legal experts, but also more inventive interrogation methods like placing live bugs in a confinement box (and telling the prisoner they'll sting him).

Politicians repeatedly regurgitate the fairy tale that America is a Nation of Laws. Except, the laws get broken all the time, and the archetypes of anarchy usually aren't held accountable. Barack Obama has sought to reassure CIA operates, who participated in torture, that they can use the same defense Nazis could not use during Nuremberg. Namely, that they were just "following orders."

This doesn't bode well for justice enthusiasts, who hoped that maybe (just maybe) the Big Guys would be help accountable this time. That maybe John Yoo, Douglas Feith, Jay Bybee, Dick Cheney, David Addington, George W. Bush, Donald Rumsfeld, and William Haynes would have to stand before the American people and explain why they thought sanctioning torture was acceptable.

That maybe they would finally have to explain why a little torture was okay.

We are a nation of laws only if the people in charge get to benefit from the rulings. We are a nation of laws only up until Lynndie England, but justice stops short of Donald Rumsfeld. We are a nation of laws for thieves and crooks, but justice can't touch Goldman Sachs CEOs. The hypocrisy is rampant. It infests every facet of the justice system, and has left us with a broken two-tier system of justice.

The debate over torture is frequently aimed at Guantanamo. However, the problem is also domestic, although the victims are still the unprivileged. While the United States is home to just five percent of the world's population, it contains 25% of the world's prisoners. More than one in 100 adults are in prison. Most of those prisoners aren't homicidal sociopaths. They're nonviolent drug offenders. America is the only western industrialized country to still use the death penalty, but apparently injecting someone will a chemical that paralyzes their organs doesn't constitute torture, even though the Nazis used the same method. Those that live inside our prison-industrial complex experience a form of torture every day. Prisoners face the threat of rape and are more likely to contract H.I.V., hepatitis and tuberculosis.

This kind of domestic torture is frequently overlooked because it's the "right people" suffering. Bad guys. Bottom-tier justice types: poor people, immigrants, people of color. And after all, it's only a little torture. Terrorists and criminals deserve whatever happens to them. Waterboarding doesn't even count as torture! It's just a light spritz in the face! (Of course, even Bush's own legal team knew it was torture and expressed their concern in footnote form.)

This cartoonish, simplified scope of reality would be laughable had it not been the ideologies held by the Bush administration for eight years. Innocent people are accused of crimes all the time. That's why our smart ancestors put in place that whole "justice system" in the first place. Ya' know, that thing about being able to face one's accusers and present evidence to defend one's self.

If justice is to come to Guantanamo (and it should,) it must also come to the United State's domestic prisons where draconian drug laws continue case overcrowding and strain stark resources, which then breeds inhumane conditions. If justice is to come to torture victims, it must mean than the archetypes of the torture memos will stand beside the CIA agents that carried out the orders.

The American two-tier justice system must end, and a good start would be for the Obama administration to recognize that a little torture is never okay, no matter who is doing it.

Cross-posted from allisonkilkenny.com. Also available on Twitter and Facebook.