Investigating Bush-Cheney Torture Policies "By the Book"

In late 1941, my grandfather, Roger Hilsman, Sr., was the US Commander of one of the southern islands of the Philippines that was attacked by the Japanese. Obeying the orders of General Douglas MacArthur, my grandfather surrendered his command and became one of thousands of Allied POWs in Asia. He survived the Bataan Death March, the transit to Japan, and harsh years in a prison camp in Northern Manchuria. Although his prison diaries do not reveal evidence of outright torture by the Japanese, the intimidation from his captors was intense, and the conditions were stark. Many men died in his camp, and, throughout Asia, Allied POWs were subjected to torture and execution in violation of the Geneva Convention, which had been first enacted by the international community in 1864, and amended to cover the treatment of prisoners of war in 1929. Fortunately, my grandfather survived his years in the prison camp, and was liberated at the end of the war by my father, a recent West Point graduate who had fought in Burma with Merrill's Marauders, been seriously wounded, and then returned to fight behind Japanese lines with the OSS.

While my grandfather was deeply scarred by his prison experience and harbored a lifelong hatred for his Japanese captors, he was able to keep in mind the distinction between those Japanese guards who had treated him honorably as a fellow soldier, and those who had treated him as something less than human. He understood, for example, that it was their job to get information from him and his fellow prisoners -- even if it was as insignificant as the location of a hidden trowel for digging vegetables. And it was his job as a soldier to deny them that information. As an American officer, my grandfather understood about rules, discipline and punishment. In fact, as the ranking officer of the prison camp, he often had to mete out harsh punishment to the Allied prisoners under his command. But, true to the spit-and-polish ethos of the American Army, whatever was done had to be "by the book."

In the world of the prison camp, both the prisoners and their Japanese captors knew exactly what "by the book" meant. The Japanese knew about the Geneva Convention, and they heard regularly from the International Red Cross, even in Northern Manchuria. Whether they choose to abide by the rules was another matter, but the rules were clear. And, as my grandfather and all the other POWs throughout Asia and elsewhere learned, some of their captors obeyed the rules, while many did not. But the rules were clear, and after the war, trials were held to punish the offenders, all according to the rule of law. Even after their grueling wartime experiences, I doubt that my grandfather or most other POWs would advocate changing the Geneva Convention, either to strengthen or loosen the protections for POWs. His view, I believe, would be to punish those who broke the rules, and exonerate the others. This is a view that is shared, in large part, by most former POWs, including Senator John McCain.

Which brings me to the current debate over the Bush-Cheney torture policies and the initial reluctance of the Obama administration to pursue investigations into the development and implementation of these policies. While it is painful and politically divisive to look back at the failures and abuses of the past, it is a necessary ingredient not only for our democracy to function, but also to implement the change that the President has championed. It would be betrayal of the sacrifices of Americans like my grandfather to selectively prosecute the low-level offenders at Abu Ghraib and ignore the policy makers who set the violations of the Geneva Convention in motion. While I am not personally convinced by the legalistic exceptions to the Geneva Conventions that distinguish "detainees" captured during the invasion of Afghanistan from "prisoners of war," or the "exigent circumstances" argument that the Bush administration used to justify torture, perhaps there need to be exceptions carved into the Conventions. However, this will only get done if nations honestly investigate and prosecute violations.

I understand that this is not a top priority for the Obama White House, nor should it be. There are many more pressing problems at their doorstep, beginning with the economy, health care reform, the energy crisis and global warming, to name a few. Revisiting the torture policies of the Bush era should be the least of their concerns. But the White House should not stand in the way of legitimate investigations of violations of American or international law. It is the responsibility of the Justice Department -- free of political consideration -- to investigate and determine whether laws have been violated, and by whom. This may be a dirty job and it may take a long time, but it has to be done. And it must be done, as my grandfather would say, "by the book."

Follow Hoyt Hilsman on Twitter: www.twitter.com/HoytHilsman

Comments

[coffeeusa]

by the book is right and both the Democrats and Republcians were kept informed during the steps. My father and his generation served in World War 11. My uncles in the Korean War and my husband and many friends and relatives served in Vietnam.
There is no way in hell both the Democrats and Republicans were not informed. Pelosi was head of the Armed Services Committee.

My husband, relatives and friends did not want to go to Vietnam but they went. Many did not serve and those who had money enrolled in college or went to Canada. My husband or I did not begrudge these men who were draft dodgers-who wanted to go?- war is awful.
It is interesting that the men who did not serve when they could treated my husband and relatives with such disdain (Like Bill Ayers-by the way, my husband was on riot control during his organizations bombings so we remember exactley went on) It makes me sick to see so many who know nothing about war make such unwise statements. Trust me-you do not want any of Bush's people indicted or then the truth will be out and egg on many people's faces. Bush and his attorneys had to make the information known to people in Congress-
We are bombing terriosts in their homes in Pakistan and killing them and their families are we going to go and indict Obama as he in the Commander in Chief of this war

[C65]

Ms.Coffeeusa,you sound like you are old enough to get things right before you speak,ie.
Nancy Polosi was on the Arm Service Com.,not the head because the Republicans you
feel so incline to protect was in charge at the time,which brings me back to we ouldn't be
having this debate had they headed the warning they had recieved in 2000.
Now to set you straight,this was a crime and bullying for control and power,and if they
are not to be prosecuted well the soldiers following orders should be released.You pride
yourself in what all your family members have done,what if one of them were sitting in
jail after enlisting to serve their country and now the people who gave the orders were
now enjoying their lives.YOU AND ALL OUT THERE WHO DENOUNCE PROSECUTION
FOR THE BUSH.CHANEY ADM. SHOULD REMEMBER,PRESIDENT CLINTON WAS
IMPEACHED FOR A PERSONAL SEX ACT THAT DID NOT PUT THIS COUNTRY IN DANGER
NOR ANYONE IN JAIL AND YOU BELIEVE A MAN THAT CANNOT FOLLOW THE LAWS SHOULD
BE A JUDGE,RENDERING JUDGEMENT ON OTHERS.GIVE ME A BREAK,STUPIDITY HAS
NO AGE LIMIT.

[cartunes]

Yeah, yeah i must agree that the reasonable and humane thing is to be loved by all. But what did all this love bring us after eight years of loving and caring Bill Clinton. A complete state of fear, 3000 dead, massive loses for the air lines , no trading in the stock market for a week, complete restructure of air port and sea ports security, costing billions in national security, and last but not least for sure ninety five percent approval for what ever it took to fix it. So i guess that makes us either huge Hippocrates or a nation with a very bad and selective memory.

[Waltfl]

Nice spin. 9/11 did not happen under Clinton, it happened after Bush had already been in office for over 8 months, and after he himself, his staff, and his security advisors pushed aside substantial evidence that such an attack was about to happen. Islamic terrorism is nothing new, and nothing that started under Clinton. It started in 1972 with the Munich Olympics. Countless attacks on Europeans and US citizens in abroad, including an US general, were carried out before 9/11/ The Bush government simply thought it wouldn't happen on US soil. They were wrong.

[TJCole]

Wait a minute in this case Torture Worked...!

Since what Bush, Cheney, Rice and Rumsfeld et al wanted lies...lies to justify their criminal conspiracy to lead America into a ruinous disastrous war in Iraq...linking Saddam with al-Qaeda..!

Torture gave Cheney, Wolfowitz, Condi Rice, Bush et al just what they wanted Lies, lies to tell on "Meet the Oppressors" and elsewhere so as to lie us into a war that would only aid al-Qaeda and the Taliban and cost us Afghanistan and now most likely Pakistan as well..

So you see Torture worked..!

[OhgReaTone]

The Book of American justice is our system of government as defined by our constitution. Our system of government is a system of law - of prescribed order. Justice is not easy and it is often a two edged sword. ...................

http://thefiresidepost.com/2009/04/23/the-two-edged-sword-of-justice/

[bluevillage]

Thank you for your article. It provides a resounding example of the need for CLARITY -- "the rules were clear." And I agree totally with your assessment of how the Obama administration should handle this.

[gino618]

Bush-Cheney, Bush-Cheney, Bush-Cheney.....

When will the left start talking, in the context of wanting their pound of flesh for this torture / enhanced interrogation business, about their own Dem politicians who were also complicit?

If you're truly serious about your convictions, and not just playing political football, you should be demanding to know which Congresspersons & Senators knew about it and approved it as well, including your Democratic allies.

This is more than Bush-Cheney, but the left is being dishonest in their condemnation and instead chooses headlines which further feed red-meat to their liberal base, instead of actual full disclosure.

[Waltfl]

I agree, if an investigation turns out that any Democrats had an active role in torturing, warrantless wiretapping, and violating the Constitution, they need to be investigated too. However, simple knowledge that torture took place does not necessarily constitute guilt. Bush, Cheney, and Rumsfeld were in charge, and where the ultimate responsibility lies. Others may have known about it, and others may have assumed it took place (me included), and did nothing. This still doesn't constitute "collective guilt", and that's what Republican pundits are getting at. They try to say: "everybody is somehow guilty, so lets just forget about it." NO!

[dare i hope]

Agreed! This should be non-partisan. Just please get the bastards responsible.

[hegdehog]

This is absolutely the most lucid, on-point piece I have seen on the subject. The discussion about whether the torture was somehow justified is completely irrelevant. It is up to the justice department to investigate and to uphold the law. As Americans, we should expect nothing less. Partisan politics should end where the law begins.

[dianhow]

Holder MUST proceed with a Special Prosecutor-
NOT bury this in a' truth commission ' That's BS. Let keep em HONEST !
Leahy is not letting go of this issue either.
Olberman & MAddow are keeping up with this- CNN - not so much.
Keep on them about this.

[hegdehog]

I agree. I can't imagine why Leahy wants to own this, or why he wants to stick the Democratic Party with it. This will be an ugly, divisive investigation, and Obama is right to remove himself. This is precisely the sort of thing that could put the Republicans back in power. Americans hate corruption and abuse, but they hate a witch-hunt even worse. This needs to be handled by the Justice Department or an independent special investigator. If Congress takes this on, count on 2010 to be the year when the Republicans start to make their comeback and 2012 the year when America descends back into Hell.

[gotborked]

Comparing the abuses at Abu Ghraib--some idiots' getting their rocks off for no good reason--to the CIA's interrogations of terrorist detainees in order to extract information to protect innocent lives needs to stop if you want to be taken seriously.

It's like comparing kicking a little girl because you can to kicking a ra.pist because their attacking a little girl.

[indyleftist]

So you're position is that the Abu Gharib soldiers came up with all that stuff on their own huh?
Even though its in writing that Bush and Cheney approved the methods depicted in the photographs?
You kind of need to make up your mind. Either you support torture or you don't. Because the way your argument stands now, you support torture, oppose prosecution for those who ordered it, but will throw the troops under the bus when pictures surface

[dianhow]

Now its official. Agents have said :
Rumsfeld / Cheney was DEMANDED THOSE HELD TO BE TORTURED SO THEY WOULD ADMIT SADAAM HAD A CONNECTION TO 9 / 11 .
The never found a connection-
there wasn't one ! Iraq war was all lies from the start. Does the law mean anything anymore ? We will see

[dwt]

How are things going on your planet?

Here on earth we find that the abuse of prisoners at Abu Ghraib by a "few bad apples" led to an INCREASE in recruitment by terrorists intent on the destruction of the USA.

And as far as high level US Officials such as Cheney, Rumsfeld and Rice sanctioning CIA torture of prisoners in order that they would "confess" to confirming a link between Al Qaida and Iraq - well, maybe on your planet there never was a Spanish Inquisition.

On earth, torturing people to confess to falsehood, fantasy and lies is as utterly deep and depraved as evil can descend.

The perpetrators of this despicable policy will be investigated, tried, convicted and sentenced. And because the USA has returned to the community of civilized nations, they will NOT be tortured - at least in this life.

Those who believe in an after life have a different opinion.

[rolodex]

Last night Keith Olbermann had Ret. Brig. Gen. Janis Karpinski on to discus this whole topic. They discussed Abu Ghraib and a major point to come out about it was that "some idiot's" were NOT just "getting their rocks off" - they were following orders! And they complained about it, and were rewarded for it all by being the scapegoats. There were CIA officers and these mysterious 'private contractors' there telling them exactly what to do and how.
I am inclined to believe that every one from the interrogators to Bush should be proscecuted, remember that thing we call 'the rule of law', I am also inclined to have the harshest punishments at the top, and the mildest at the bottom for those who truly were 'just following orders'.

[dianhow]

Yes Good show. NOW HOLDER MUST ACT..
TELL him so / e- mail him at askdoj.org

[hegdehog]

How do you know they were terrorists? How do you know? They were never given a fair trial. They were only accused. And tortured. Do you think it stops with them? Do you believe you are safe from being accused, falsely imprisoned and tortured? Under President Obama, the answer is yes. Under Bush-Cheney, no one in the world was safe.

[GraceNeeded]

Yes, yes, yes....This article is absolutely correct in my opinion. For all those who have sacrificed their lives, limbs and length of days to uphold American values, it would be a major deterrent to true justice to let the policy makers who deliberately and unnecessarily went against the Geneva Convention, without thought and care to our own service members who will, undoubtably, be the recipients of the same type of abuse if the rule of law is ignorred. We must go forward with the investigation and show the world we will subject our own to the same rule of law and courts of justice we would hold them to or where would our credibility lie? I say, put John McCain on the Congressional Committee to discover the truth, along with John Kerry. If the AG ends up indicting Dick Cheney, Donald Rumsfield, etc. it has to be through bipartisan agreement OR seen as politically motivated. As with other commenters here on this blog, I was also depressed by our government's failure in the face of Watergate "We, the people, in order to form a more perfect union" need this investigation and resulting trial, even if it takes time and money that we don't have to spare, because some things are more precious and greater value than these. Our country's honor is at stake and the trust our citizens have in our self described values must be our true treasures or we have nothing to offer the world anyway!

[ydnas639]

The time for debate is past. Torture is against our laws and against international law! The Bush administration demanded that military and CIA operatives torture. This is not a matter of opinion. Since none of our elected officials seem to have the guts to prosecute EVERYONE involved in torture, let's charter a fleet of jets and fly ALL of those responsible for torturing, at whatever level, to Spain. We're too bogged down in politics here in the USA; let someone else air our dirty laundry.
Anyone still debating is not a grown-up. Where are the adults? Are there any adults out there?

[pmorlan]

It's not up to Obama whether we prosecute, it's up to our AG. Obama needs to step out of the way and let the rule of law take it's course. And I disagree that this is not the most important thing for our country. When a country loses it's way it's of the utmost importance to get it back on track as quickly as possible. We still have people in this country arguing that we should torture and until we have a full investigation completed on this torture program those people will continue to be treated as if they have a valid opinion, when they don't. America has never been a country that advocated torture until the Bush years. We have to shut down asap this notion that this is a legitimate argument when it's only a small group within the Republican Party ( "Rubber Hose Republicans") who advocate for it.

[StephenKMack]

Well said!

[dianhow]

YES Its in Holders hands now. Keep him honest.
DO NO tet him sweepthis under the rug.
OR put it in a ' Truth commission / That''s crap
Need special prosecutor asap !
If we let this go- its a green light for future crooks -
and it will happen again and again !!

[bamvol]

Operatives and attorneys within the Obama Administration should be put on notice to archive (and not shread) any emails, memos, meeting notes, and policy decisions that reveal the unraveling or undermining of any current counter-terrorism program.

These documents will be needed for any future 9/11 style Commission that needs to be convened in the future following ANY terrorist attack on the US, the US military, any US ally, or any US interest in the world. The US had too many of these attacks around the world leading up to 9/11 and so few since then.

The limitation of attacks on US interests since 9/11 were probably a direct result of a series of programs put in place since 9/11, and these programs were the result of bi-partisan acknowledgements of the need to protect the US from futher attack.

Any documents that show or recommend the removal of these counter-terrorist programs must be retained for future review to determine if the removal of these programs might have lead to any future attack. The American people must be able to connect the dots in any futrue review process.

[quiviran]

The question harkens to Nixon. "If the President does it, can it be illegal?" I think we have a President, not a Monarch. One of us who presides, not a special bloodline with a different set of rules. It's unfortunate that Bush left us with this situation, but here we are. Will it be rule of law for everybody or special rules for special people?

I find this discussion part of the larger national issues. It's about integrity at the top (or its absence). Do we deny health care to people to protect the profits of Big Pharma and Big Medical Insurance, or devise a system like the rest of the First World? Do we continue to allow corporate executives to take 400 times as much shareholder money for themselves as they pay the average worker or become more like the rest of the First World, where executive salaries are in the 10 to 20 times range? Do we allow banks to take risks that damage their ability to function and require the national treasury to cover them, or just form Government institutions to take their place? One could go on.

It comes down to rot at the top. The French had a revolution where they cured this rot with the guillotine. Maybe it's time for a Second American Revolution, or at least a Major American Adjustment. Not with a guillotine, but a pen. We are still a nation of laws, even when enforcing them is politically distasteful.

[dianhow]

I'm for Health care. But can't see how we do it NOW No $$$$

[mollyjackson]

President Obama’s national intelligence director told colleagues in a private memo last week that the harsh interrogation techniques banned by the White House did produce significant information that helped the nation in its struggle with terrorists. “High value information came from interrogations in which those methods were used and provided a deeper understanding of the al Qa’ida organization that was attacking this country,” Adm. Dennis C. Blair, the intelligence director, wrote in a memo to his staff last Thursday. Admiral Blair sent his memo on the same day the administration publicly released secret Bush administration legal memos authorizing the use of interrogation methods that the Obama White House has deemed to be illegal torture. The postive aspects of the interrogation was blacked out by the administration. Once again change that we can beleive in...but not for the better.

[Marcospinelli]

I think the reason Obama isn't interested in holding the previous administration to account has nothing to do with more important things. It's not as if he's, personally, dropping everything to read the memos and prepare for hearings and investigations. There are plenty of people in our government who do this for a living. There are plenty of people out of our government who are qualified to do it and are out of work, and could use the job.

This is a political decision that Obama is making. He shouldn't be making this political. It's up to us to pressure him because if this isn't faced now, if what has happened these past eight years isn't examined and tested, it'll happen again.

This feels just lie 1974 when Ford pardoned Nixon. I knew a national review had to take place, a thorough uncovering of everything that Nixon and his crew had done would be required to drive a stake through the heart of Nixon's ghost for conservatives and their children. Or else they would come back with a vengeance, angry and self-righteous, and out of their minds.

Guess what?

I was right.

[dianhow]

Obama is not the one to do it
DOJ / Holder is.

[Marcospinelli]

An independent counsel gets it out of the political realm, as we've seen has been a problem with both Obama and Holder.

As a Democrat, it pains me to say this, but our party has been held hostage to Republicans for the corruption of a particular group within the Democratic party, that really should be in the Republican party, the DLC Democrats. We saw how it's the American people who get the short end of the stick because of it, with the 9/11 Commission. It was a joke. Democrats and Republicans agreed before they began to include in the report only what they all agreed on. No minority report. That seriously limited the materials they examined. That can never happen again.