Ten Ways to Bring the Bush Administration's Torture Ten to Justice (and One Way to Avoid)

The release of the so-called torture memos and resulting coverage in the mainstream press has brought new momentum to our longstanding campaign to bring key figures from the Bush administration to justice for their roles as masterminds in the expanding torture scandal.

There is a noticeable lack of bravery and integrity among the promoters and enablers of torture -- none of whom have come forward to simply admit that they performed illegal acts because they thought it was the right thing to do, and are willing to submit personally to the consequences of making their case to a judge or jury. This is called civil disobedience in the honorable sense.

President Obama's Justice Department should indict and then prosecute decision makers -- legal and executive -- who enabled and ordered torture. By our counting, Mr. Holder's attention should turn immediately to those we can consider the Torture Ten: Dick Cheney, David Addington, John Ashcroft, Condi Rice, John Yoo, Donald Rumsfeld, Jay Bybee, William J. Haynes II, George Tenet, and Alberto Gonzales. Are these self-styled patriots afraid of the American system of justice?

While citizens across the country call for accountability, it is worrisome that even the most outraged of our leaders inside the beltway are calling only for the familiar bipartisan truth commission to "investigate."

Such a commission is most likely to be used as a platform for posturing to the media and will trade grants of immunity for any actual accountability. We should not even consider it unless all other measures are off the table.

Short of doing nothing, a bipartisan commission is the single worst tactic and the least likely to deter future crimes. Lacking a miracle, such a commission will merely enable posturing before the media, offer broad immunity to criminals in exchange for testimony, and lead to any number of outcomes that fall far short of actual accountability. But of most consequence, relying on a commission will almost certainly mean that in the future, our leaders will once again torture in our name.

There are ten strategies (other than a toothless bipartisan truth commission) to bring the Torture Ten and their accomplices to justice. Indictment and prosecution by Holder is at the top of the list, but there are other tactics that any concerned American can pursue in parallel to assure the Torture Ten face some measure of justice.

1. Attorney General Eric Holder should appoint a special prosecutor to investigate, and, if warranted, indict and prosecute the Torture Ten. Think U.S. Attorney Patrick Fitzgerald.

2. The House Judiciary Committee, chaired by Rep. John Conyers, should draw up articles of impeachment for federal appellate court judge Jay Bybee, the author of some of the worst torture memoranda. Usefully, the judiciary committee can compel testimony under oath whether articles of impeachment are approved or not.

3. Review, word by word, any testimony under oath by the Torture Ten before Congress or the 9/11 Commission for perjury. It is not an accident that the Bush Administration sought to avoid having its representatives swear to tell the truth, but they were often forced to do so, and no doubt they lied.

4. All lawyers who helped create the legal architecture for the illegal torture program -- including Jay Bybee, John Yoo, William J. Haynes II and David Addington to name the most prominent -- should be disbarred. This is a disciplinary process overseen by any state bar that licenses a particular lawyer, and can be initiated by a complaint by another lawyer or a legal organization. (A successful rightwing campaign resulted in the state bar of Arkansas revoking former President Bill Clinton's license to practice law shortly after he left office.)

5. Students and alumni should protest any honorary degrees that might be provided to the Torture Ten by colleges and universities. Campaign tactics could include sending a pre-emptive letter to the presidential leadership of the nation's institutions of higher education, as well as responding after the fact if a torture leader is announced as the recipient of an honorary degree.

6. Consumers and stockholders should not stand by and allow any publicly held company to hire a member of the Torture Ten, especially in the position of legal counsel. Chevron for example has done this with Pentagon torture architect William J. Haynes II who bears responsibility for the abuses at Abu Ghraib. Shareholder actions can be launched to demand the removal of any torture leader in the employ of a major corporation.

7. There must be continued release of detailed information on the torture regime via documents from the Red Cross, whistleblowers, the Justice Department, White House emails, and so forth. Relentless investigative reporting and litigation will be required to make this happen.

8. Citizens must embolden the press to ask tough questions of the Torture Ten and their prominent apologists when they appear in public -- and hold them accountable when they do not. No softball questions should be allowed.

9. We must support the public appearances and investigative costs of the finest investigative writers who bring torture abuses to light, including Mark Danner, Jane Mayer, and Marcy Wheeler. When the public learns what was done in their name -- even as Mr. Bush repeatedly denied it -- they become angry and will join the demand for justice.

10. Religious denominations must adopt as official policy that torture is a sin. Congregation leaders, particularly those at churches attended by the Torture Ten, must preach sermons on the subject that are unflinching and widely covered in the press.

Our nation's honor is at stake. Those who choose to ignore the transgressions of the past doom future generations to suffer mightily.

Michael Kieschnick is the president and Becky Bond is the political director of CREDO Mobile.

Comments

[Cyberoptic]

As we discuss whether torture is killing anyone, I would suggest that the damage from torture also consists of that which is not seen. One of our chief justices in referring to a case of an 8 year old girl raped by her stepfather replied, "the child healed of her injuries didn't she?" And the lawyer replied [admitted, the media said] that her injuries from rape had healed in a week.

In the same way, torture proponents do not acknowledge any damage other than physical, hence Bush's administration worked on developing methods that do not show physical damage, or that heal quickly.

Until we consider the Stockholm syndrome and post traumatic stress disorder as companion results of torture, we will be discussing this issue on less realistic terms.

[Emerald1943]

And what about George W. Bush? Are we to let him off the hook, simply because he apparently does not have enough sense to come in out of the rain?? Granted, Dick Cheney was at the core of this, but Bush had to agree.

[Emerald1943]

I keep writing about another part of this sordid story that has not been mentioned, "extraordinary rendition". In doing a little research to find out about deaths at Gitmo, I learned that some 36 individuals have simply vanished from our prison. These prisoners were perhpaps sent to CIA "black sites" and have disappeared, leaving no trace.

The International Red Cross has not been able to locate them. Their families have no knowledge of their whereabouts.

We were told, here in the US, that there had been 8 deaths at Gitmo....r­eason given, suicide. I am suggesting here that the number is much, much higher, and that these deaths have been covered up. There have been several deaths of detainees at one of our prisons in Afghanistan as a direct result of torture. Why should we think that it is any different at any other facility?

http://www.aclu.org/torturefoia/released/021109.html

The American people need to know what has been done in our names! Then, those responsible need to be indicted and tried before a court of law. Otherwise, I truly fear for the future of this country!

[RobertHenryEller]

Regarding number 5 above:

Why is John Yoo still teaching Constitutional law at UC Berkeley?

[peterg76]

This sort of thing can't be repeated enough. Maybe I'm kidding myself, but I think Obama will do the right thing if we can keep up the pressure just a little longer.

[carpenterale]

I support this.

And as a church-attending Christian, I'm particularly keen to see #10 happen. It will be good for our country and productive for religion to take a public moral stand while practicing good citizenship.

[thnk4selfagain]

Great suggestions. A public shaming is absolute least Bush's torture team deserves. The attempts to justify the legitimization of torture, turning the Constitution into bureaucratic hurdle that needed a CYA, is unacceptable and unconscionable. What the torture apologists do not want us to think is that there was a concerted to subvert the Constitution here in the US (wireatps on citizens and Congress) and abroad (torture to justify war in Iraq). The rule of fear was was overt and covert. It must not stand, and they must not be allowed to go quietly into other public jobs or the corporate world until we know how, when and what was done in our name, for it to never happen again.

[thnk4selfagain]

edit: should be "torture excusers" rather than "torture apologists"

[ssfahrer]

All I know is that if Jesus Christ Himself could be TORTURED on the cross for OUR SINS, certainly those that do not worship Him as Lord and Saviour can be tortured for their sins.....

[siegfried]

Do I understand you to say that it is okay to torture those of us who do not share your superstition?

[TomTheAlmostUgly]

"All I know is that if Jesus Christ Himself could be TORTURED on the cross for OUR SINS, certainly those that do not worship Him as Lord and Saviour can be tortured for their sins....."

Do you think that the men who did that will get a free pass on Judgment Day? Do you think that if you condone torture, Jesus will personally walk you through the Pearly Gates?

[LeftRight]

So you're saying that I, as an agnostic US citizen and Veteran of our incomparable US Navy, am subject to torture because I don't happen to believe in your particular brand of lunacy????

Please go back to your cave and climb under your rock again now....

[Emerald1943]

How would you feel if that same torture had been applied to one of your relatives, perhaps your son serving in the military? How would you feel about your relatives' behavior if one of them had applied these barbaric methods to another human being?

PEOPLE HAVE BEEN KILLED BY TORTURE! I would direct you to read the following link. I believe it might change your mind.

http://www.aclu.org/torturefoia/released/021109.html

IMHO, you should be on your knees, asking forgiveness for the criminals who did these things, and for the United States. God will certainly not let us off easily!

[Oldchef]

Outrageous! Because they're not Christians it's all right to torture them? Jesus said to turn the other cheek, to do good to those who hate you, to treat others as you would wish to be treated. I don't think he ever said anything about harming those who disagree with you. Just exactly what kind of Christian are you?

[Max-OneTruePatriot]

GREAT article. Thank you!

[ANGEL53545]

THE PROBLEM WITH THIS IS YOU WOULD ALSO ARREST NANCY PELOSI AND HARRY RIED. THEY WERE IN THE MEETINGS TOO. CIA BERIEFED THEM ALSO TOO. BUT THEY DIDNT OBJECT. IF THEY REALLY HAD A PROBLEM THEY WOULD HAVE WENT TO THE AMERICAN PEOPLE BACK IN 92. ITS A BIT HIPPOCITICAL .

[jcole]

If Reid and Pelosi was involved they should be in the bunch to, they are not very good leaders, when Pelosi took impeachment off the table i new then that she was involved, the democrat was so afriad of Bush that i new he had something on them, if Pelosi had done her job this would be over, and if she was not involved as she say she would have been president.

[LeftRight]

If Reid and Pelosi actually KNEW what was going on, then they SHOULD be subject to criminal investigations and be punished to the fullest extent of the law. Just because my side may have been involved doesn't mean that I automatically support it!

A couple more points. It's likely that Reid and Pelosi (and the members of the committees involved) may not have been properly briefed, in which case they DIDN'T know what was going on. And typing in all caps shows that you don't understand proper internet courtesy. Go find a forum group somewhere to learn how to speak properly on the internet.

[Emerald1943]

I am not defending ANYONE who might have been involved in this. However, it would be good for us to remember that these briefings are considered top secret at the highest level. Congressmen (and women) are absolutely forbidden to speak of anything coming out of these briefings, not even to their staff members.

They have no right to change the policies, or even to protest them, outside the briefing room. If Pelosi and Reid did know, there is little, if anything, they could have done to stop it.

[Cyberoptic]

Congratulations to Huffington Post for continuing this story as the media attempts to bury it. Look at Google, no stories whatsoever, even in the U.S. section. Ok, the media says, they have had their time, now we distract them from torture with swine flu, as we distracted them from the economy with torture. They won't remember.

[jcole]

I AM GLAD THAT THIS ARTICLE IS NOT USING THOSE WORDS LIKE ENHANCE INTERROGATION, AND CALLING IT LIKE IT IS TORTURE.

[larry278]

There are international courts at the Hague & other locations. We, the vindictive, may have the ICC take care of W & Co. That means no executions, just time in one of Europe's prisons.

[JulieSA]

The US is not a signatory to the ICC, so that won't happen.

[dshwa]

True, and I'm glad someone besides me posted that response. However, the ICC can still indite them if for no other reason than to block them from travel to other countries who are ICC signatories.

The other point that needs to be made is the Geneva convention mandates that other signatory nations launch investigations if a signatory nation shows no signs of doing that on its own. This is what that judge in Spain has been doing (although Spain's justice department is trying to stall him), sooner or later others are going to start the same investigations. The real question is are we going to take the long look in the mirror that is required or are we going to have some other country air our dirty laundry for us. Sadly, since we seem to believe 24 is non-fiction, I'm betting on the latter.

[viper234]

The press needs to get a spine, quickly. The evidence is out in the open. The press doesn't even have to do the kind of heavy lifting that Woodward and Bernstein did during Watergate. I mean, give me a break! The American people are demanding accountability and it seems media are working against that demand, trying to stifle the people with the ridiculous arguments coming out of the mouths of self-serving politicans. It's disgusting, shameful.

[Max-OneTruePatriot]

There are hardly any good journalists out there anymore. Most of them are owned by MSM.

[BusGreg]

You forgot one George W Bush! He is every bit as responsible as CiC! As far as point #10 is concerned, don't hold your breath. I live next to a member of the clergy Mormon Church) who to this day thinks that torture is appropriate. After all, had the evangelical extremists put Country before their often (not always) misguided beliefs, Bush would have been a one term disaster, not a two term nightmare!

[Max-OneTruePatriot]

Hear hear!!!

[GreatNews27]

11. Barak(Gerald Ford) Obama can give everyone in the CIA, the Bush Administration, and his own administrations blanket immunity for any and all crimes comitted in the past or in the future up to and including torture, kidnapping, murder, rape, pedophillia, and treason.

Then we can experience it all again in 8 years when the Republicans once again put together a criminal organization including most of the MSM to subvert the presidential election and propell Sarah Palin to the presidency.