"Jack, you want to prosecute a member of the Bush administration for assaulting suspected terrorists?"
"The word is 'torturing.' And yes — it's about time somebody did."
If you watch Law & Order tonight, you'll see that the "Jack" laying down the gauntlet on accountability for torture is veteran district attorney Jack McCoy. What McCoy understands is that in America, the rule of law applies to everyone. No one is above the law, not even (and some might say especially) the most powerful.
In this fictionalized but typically "ripped from the headlines" episode, McCoy decides to prosecute an author of a Justice Department legal memo authorizing torture, as well as his co-conspirators up the chain of command, including Vice President Cheney. ("This is an instruction on how to commit a crime and avoid prosecution," says McCoy's assistant D.A., referring to the torture memo. "A surgical parsing of words to draw hair-splitting distinctions between severe pain and extreme pain." "I know what we're talking about, sir. I don't need a memo to tell me what torture is," says a retired Army captain.)
In real life, there has yet to be an investigation into the high-level authorization of torture, a crime that has stained the reputation of our nation at home and abroad.
Last month, Attorney General Eric Holder appointed a special prosecutor to conduct a preliminary review into whether federal laws were violated in connection with the interrogation of some specific detainees. It was a good first step and a positive sign given President Obama's commitment to "looking forward" at the unfortunate expense of enforcing the law. But a narrow investigation limited to interrogators and contractors in the field is woefully inadequate. There is voluminous information already in the public domain that the Bush administration's torture program was widespread, systemic and authorized at the highest levels of government. This evidence comes from congressional reports, the Justice Department's infamous legal memos and the CIA inspector general report released as part of ACLU litigation, detainees' accounts and even the boastful admissions of officials, including former vice president Dick Cheney, who has been aggressive in his defense of waterboarding.
But notwithstanding all this evidence, there are still those who would reduce the authorization of these crimes by government officials to discretionary policy decisions. And the attorney general appears to be clinging to a "bad apples" approach and resisting a thorough criminal investigation of not only those who committed torture, but also those who authorized and legally condoned it. Yes, these are weighty and politically fraught decisions. But once we start compromising our principles and laws because it is too messy, too inconvenient or even too painful to enforce them, we render them meaningless.
We cannot move forward confidently knowing that the abuses of the past will not be repeated by future administrations if everyone knows that crimes were committed and that the powerful who perpetrated and enabled them got off scot-free. A failure to prosecute those responsible for torture — those who authorized it, those who legally sanctioned it and those who carried it out — would essentially serve to ratify illegal behavior by government officials. The attorney general should launch a full-scale criminal investigation that will follow the facts where they lead, whether it be to prisons overseas or to the halls of power at home.
Tonight's Law & Order episode (8 p.m. EDT on NBC), through its script, takes on the need to look ourselves squarely in the eye. "It's hypocritical to defend our values with torture," says the retired Army captain. "[W]hat is it about this country that you don't get?" asks the assistant D.A. of the lawyer who wrote the torture memo.
Toward the end of the episode, the assistant D.A. declares, "[I]t is not disloyal to hold our officials to the highest standards of conduct."
Indeed. In fact, it is the epitome of loyalty and patriotism to do so. Now the question is, in real life, will Attorney General Holder rise to the occasion?
Follow Anthony D. Romero on Twitter: www.twitter.com/ACLU
the calm, sensible, synopsis
of
MUST.
We run and run and run...
to get all the facts...
and to tell all the facts...
and to convey all the emotion...
and its as though he processes it all...
and separates it all into lines of good sense
(the lines you amend)
and becomes the voice of reason at the end.
http://www.newsmeat.com/celebrity_political_donations/Sam_Waterston.php
You will see that he has mostly donated to democratic candidates including President Obama. The only exception was republican David Brewster Bingham and that was in 1994. You may be thinking of Fred Thompson who also on Law & Order. His character was Jack McCoy's predecessor as DA. He also had a forgettable run-scratch that, more like sleepwalk-for the GOP nomination last year.
The creator of Law & Order is Dick Wolf who is a republican, he even went school with and supported George W. Bush. Law & Order and its spin-offs are not used to spout only the republican talking points. The writers are pretty balanced at showing both views through the characters.
For those who haven't seen the episode, you should skip this paragraph.
Last night's episode was excellent. Even though it didn't end with justice prevailing, it was great to see the writers show us what needs to happen to those who authorized and carried out torture.
Of course, we won't push hard enough.
Because there are too many politicians that are truly scared of how their role would come under scrutiny. And scared politicians can do a lot of things to block any initiative that does not serves them.
May I remind everyone that even our actual president would have to explain why he supported telco immunity from prosecution? Just the fact of voting for a law with retroactive effects is highly suspect, let alone constitutional. Something he's not exactly willing to do even in writing, never mind in front of a Commission of Inquiry with subpoena and prosecutorial powers.
BTW, similar attempts at making people accountable were attempted in France after WWII. Too many judges participated in providing legal cover to the deportation and internment of resistants, Jews and other people the Nazis wanted to eliminate.
Care to guess how many judges were investigated, let alone prosecuted?
Zero!
It is called "La Raison d'État".
It will be invoked here too; doing otherwise would crush the system by exposing the level of corruption of the entire political apparatus, the extreme politicization of the judiciary that took place during the Bush years, and make people completely lose faith in the institutions, at the worst time possible, ie. the Great Recession.
Politicians of both parties knows it, they know we know.
And that's fine with them. Us? We don't matter anymore.
Indeed. In fact, it is the epitome of loyalty and patriotism to do so.
I couldn't agree more. I'm only sorry that I missed this episode but maybe if we're lucky Atty. Gen. Holder saw it and will finally do the right thing.
It's both amazing and deeply troubling to me the number of politicians and establishment media personalities who are fighting tooth and nail to protect our homegrown war criminals. I don't know how they sleep at night.
It's more of that so-called change Obama promised.
She didn't torture anyone, didn't order anyone to be tortured, didn't give anyone permission direct or otherwise to do it.
But she did stand up to the people who did, that is one brave lady!
http://www.squidoo.com/alexandra_pelosi
Torture Prosecution Won't Happen Unless YOU GET INVOLVED!
Prosecution is far less likely without you and me and all your friends getting involved and
Putting Enough Pressure on Obama, Holder and our Congressional Democrats to make it happen.
If President Obama, Attorney General Holder and our Democratic Congress fail to enforce our Federal Torture Laws by prosecution, our so called "Rule of Law" is meaningless. Why should any of us obey our Federal Laws if our top two elected politicians don't have to. Isn't it true as Obama said "no one is above the law"?
Keep asking ALL politicians at ALL public events "Why do they support Torture?"
If they aren't actively calling for enforcement of our Federal Torture Laws They Support Torture.
Start your own pro-torture prosecution weekly vigil/protest in front of your Congressman's District Office. This is the time that it will do some good.
SIGN THE PETITIONS
Demanding both a Commission of Inquiry
and Prosecution for All the Bush-Cheney Crimes at ANGRYVOTERS.ORG
http://ANGRYVOTERS.ORG
Only Prosecution Stops Torture!
Only Prosecution Stops Violations of Our Constitution and Rule Of Law.
So the Dem candidate was getting a LOT of free name recognition 4 times a day. I called the local Schiff campaign office and informed them. Soon Schiff political ads appeared in the time slots reinforcing that name recognition. After about a week, the Rogan campaign found out as well and started running Rogan ads during those times. As the Election approached, it got so that EVERY ad on L&O's timeslots were either Schiff or Rogan ads. As a result, Comcast Cable in Pasadena made BIG BANK off BOTH Campaigns, Adam Schiff BEAT Jim Rogan by a margin of 53% to 44 % and the 27th California House District became Democratic for only the second time since 1913. It also became the most expensive House race ever to that time.
So who says Hollywood has no effect on politics? Wolf can say he did.