Commission on Accountability Should Be Part of Our Response to America's Torture Nightmare

I have had a couple of overwhelming weeks and haven't been able to post until now what I would have preferred on this debate about George W. Bush administration torture policy accountability.

I have told quite a number of media outlets this last week that despite his best intentions, President Obama cannot impose a psychological equilibrium on the nation when it comes to sorting out the moral travesty of what we saw unleashed during the Bush administration in the management of combat detainees.

People being interrogated -- held under our direct control -- were killed, psychologically harmed, abused. . .yes, tortured.

That is what the Soviets and the Chinese under Mao and the Pol Pot regime were supposed to have as part of their MO -- not the United States of America.

A society's basic norms and values don't really matter when it is easy to wear them.

They matter at times of high stress -- and we as a nation have to deal with the fact that under stress, we empowered the likes of Richard Cheney and David Addington to take the nation to what they call "the dark side" -- and to me, this is one of the great outrages of our time.

Remind yourself of one corner of this nightmare by watching again Alex Gibney's Taxi to the Dark Side, or reading Jane Mayer's excellent book of nearly the same name, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals.

We need something like a truth commission in this country to explore how and why America became a nation that embraced torture at the highest levels of political office. We need to understand the routenization and systematization of detainee management policies that violated the Geneva Conventions in far more than the law -- but in the most profound sense of the spirit and meaning of what these conventions were supposed to prevent.

Two men waterboarded 266 times in one month? Even if Geneva needed to be modified and modernized to deal with a different kind of war today -- there is no excuse for this in my book.

But we need institutions that will help the nation understand -- and hopefully not forget -- and never do such things again.

What Barack Obama has done is simply not enough. We need many things to happen to move us forward to deal with this blight on our nation's reputation -- including serious Congressional hearings, serious legal investigations -- and fewer prescriptions of politically contrived outcomes that satisfy neither the torture-embracing Cheney wing of the national security establishment nor the parts of American society who despise them for undermining this nation's position as the world's leading democracy.

I support the establishment of an independent, non-partisan commission to look into torture policy accountability -- and Amnesty International, the Brennan Center for Justice, the Carter Center, the Constitution Project, Human Rights First, Human Rights Watch, the Jewish Council for Public Affairs, the National Institute of Military Justice, the Open Society Institute, and numerous other organizations are calling for the establishment of such a commission.

From the website, CommissionOnAccountability.org:

We call on the President of the United States to establish an independent, non-partisan commission to examine and report publicly on torture and cruel, inhuman, and degrading treatment of detainees in the period since September 11, 2001.

The commission, comparable in stature to the 9/11 Commission, should look into the facts and circumstances of such abuses, report on lessons learned, and recommend measures that would prevent any future abuses.

We believe that the commission is necessary to reaffirm America 's commitment to the Constitution, international treaty obligations, and human rights. The report issued by the commission will strengthen U.S. national security and help to re-establish America's standing in the world.

I have sent this site out to a number of my friends -- and I hope you will sign up and forward to others who care about this issue as well.

We need numbers on this, and I hope those of you so inclined will help.

-- Steve Clemons publishes the popular political blog, The Washington Note

Comments

[lungfish]

My fear is that a commission will drag on for years and the News cycle and political will may become diluted. We need to keep this front and center and we need actual, real accountability. Trials, convictions, sentences and no pardons. We need to follow Peru's lead - they convicted Fujimori of human rights abuses and sentenced him to 25years in prison.
If we fail to follow through on what we learned we are setting ourselves up for an even more heinous future.
The bottom line is that the majority of this stuff is already in the public domain. There are no mysteries here other than the names and locations of the victims themselves. We know that this came from the top as part of an effort to prove the case for war in Iraq ex post facto. It was about finding nonexistant WMDs and the nonexistant connection between Saddam and Al Qaeda. It was about extrajudicial punishment and execution. It was about institutionalized kidnapping, torture and murder.
It won't take a commission and two years to prove this. There is enough info for a Grand Jury indictment aimed at dozens of individuals already, including the architects of these crimes. We know they are crimes and that is all that needs to be done.
A Truth Commission is simply sidestepping the duty to arrest, try and convict. We can do it now.

[JulieSA]

Then Speaker Pelosi will be prosecuted too.

[lungfish]

Let Justice prevail.

[sdskelton03]

Bad idea. This isn't in the best interest of the country or the Obama administration. It will make the leftists at huffpo and dailykos happy, but it doesn't advance our interests.

This reminds me of Hillarycare circa 1993. That over-reaching and appeasement of the far left cost Mr. Clinton congress in 1994. I have a feeling that if Mr. Obama investigates rather than governs he will face the same fate.

[Derelict outlaw]

If you don't object to the torture of others, who will object to your torture?

[CherokeeGirl]

exactly!!!!

[23000Days]

We know how it happened.

We know why it happened.

We know who did it.

We need a special prosecutor. not a cover-up commission!

[Beamreach]

We need more than a "public reporting". This requires prosecution for crimes committed. A precedent needs to be set that torture will not stand.

[nomobull]

agree

[italianspaniard]

WE NEED OFFICERS OF THE COURT FROM LA HAGUE MAKINFG SURE EVERYTHING IS DONE ACCORDING TO INTERNATIONAL LAWS AND THE GENEVA CONVENTION, IF WE DO IT, IT'S GOING TO A WHITE WASH. WE NEED IMPARTIAL JUDGES WITH ETHICS AND MORALS

[Yermammy]

If I was the Octo-mom, I'd sign it 30 times (all the youngin's and me with both hands).

Convention Against Torture -- signed by Reagan in 1988, ratified in 1994 by Senate:
Each State Party shall ensure that all acts of torture are offences under its criminal law (Article 4)

Geneva Conventions, Article 146:
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts.

Charter of the International Tribunal at Nuremberg, Article 8:
The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.

U.S. Constitution, Article VI:
[A]ll Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.

A refusal to investigate and prosecute Red Cross allegations of torture is itself a violation of the Geneva Accords.

Please sign this petition for the love of this Country.

[italianspaniard]

AND WE NEED INTERNATIONAL NEWSPAPERS, REAL JURNALISTS COVERING THIS. NO AMERICAN JURNALISTS INVOLVED AT ALL

[Locke123]

I really like your tactic of using capital letters. I should use that whenever I want to get a point across! Anyway, may I point out that even international journalists have native countries, so some of these journalists would most probably be American, since it is a nationality, right? Also, may I please give you some advice for future comments? Don't make pointless stereotypes. I know we all know lying American journalist, but I am sure that not all American journalists are like those people. Every group of people has people who don't have morals, that doesn't make them all evil!
Yours truly,
Locke

[CherokeeGirl]

But Steve, Jonathan Turley says that a Truth Commission would be like the 911 Commission, they find things out but let people off the hook and aren't accountable legally. It could grant immunity.

If this is true, then NO TO A TRUTH COMMISSION

Instead, how about upholding and enforcing the law with a Special Investigat­ion/Prosec­utor?

[Yermammy]

The U.N. Convention on Torture signatories (145 Nations) would monitor this and if it was deemed to be a cover up or fraud would legally be able to take up the charges if the United States didn't carry out a proper investigation (with prosecutions and/or convictions) in good faith. Other people are watching, don't you worry.

[CherokeeGirl]

thanks Yermammy, I'm now a fan of Yermammy! :)

I was worried that the law didn't matter any more or something awful like that!

[larry278]

OK, after the swine flu emergency ends.

[Yermammy]

If not us- who? If not now- when? Surely your country is worth more than that. Isn't it?
"The road to hell is paved with good intentions".

[kunndunn]

No Steve, We do not need a Commission on Accountability! We Need a WAR CRIMES COMMISSION. Your title for a Commission on Accountability is too weak. Your petition is playing into the Village Beltway. Let's call a spade a spade. A WARS CRIMES COMISSION AND A SPECIAL PROESCUTION~!

[byrdcasa]

What amazes me is that you are so ready to punish people who were doing what, at the time, seemed reasonable. After 9/11, no one was advocating patience. We all wanted those responsible to pay for their crimes against our citizens. These guys are terrorists, not law-abiding citizens. While I am not a fan of torture, I'm less a fan of WMD in the hands of people who want our country to be obliterated.

on a side note...where's the outrage against the torture that occurs daily in our country? Why aren't you lending your voices and time to protect the thousands of children who are abused at the hands of their adult family members? Truly a more worthwhile cause, don't you think?

[italianspaniard]

If there is a wars commission petition out ther, tell me and I will sign it in a second

[Sinclair]

While I support the idea of a Commission on Accountability with regards to American use of torture, former Supreme Court Justice Sandra Day O'Connor is the wrong person to be involved with it, let alone lead it.

As a justice she was known as a "swing" voter (which is another way saying that her opinions were erratic and inconsistent).

On a few critical votes, notably her ruling against Al Gore which led to George W. Bush's appointment as president of the United States following the bungled 2000 presidential election, she appeared to be overly partisan and pro-Republican.

Her previous support of George W. Bush in questionable circumstances makes her appear biased in favor of George W. Bush and his administration.

As such, she lacks the appearance of neutrality that members of any Commission on Accountability needs to give the commission any semblance of objectivity or moral authority.

Sandra Day O'Connor? Not good enough!

[newshawk14]

I happen to disagree Mr. Clemons, for the first time in years, congress is really beginning to
exercise it's oversight role. The problem with special commissions or prosecutors is that it
is usually done behind closed doors, until the final report is ready. So far the senate armed
services committee has turned in an outstanding report, that gives a great deal of insight,
into the thinking and events that lead up to the implementation of torture. I feel that it is very
important that the public be behind and backing the prosecution of crimes that were done in
their names, especially since it could lead to the former POTUS and VP.

[Dunque]

Mr. Clemons - Think long and hard about whether or not you want truth commissions to be a permanent feature of our democratic transition process. That's where this thing is heading.

Let's pose some hypotheticals - 1) President Obama's elaborate financial stimuli result in hyper inflation or 2) A new terrorist attack is visited on U.S. soil. Are you going to so vigorously support a "truth commmission." I doubt it very much.

This is about payback. And if payback is to become a feature of our transition process why don't we just re-name ourselves The Divided States of South America?

[HyperInfluential]

Yes, there must be payback to society for the crimes that were committed by anyone in either party. Torture is forbidden by our constitution in any situation, and congress dropped the ball on impeaching Bush as soon as they found out about it. They must all pay society back for this shocking episode of barbarism.

[Dunque]

Dropped the ball on impeaching him? Hell, they demanded it! Now that the worm has turned they want to stand on the other side too. Until the next terrorist attack. And then they, and you, will be asking what we should do to prevent this from happening again. Count on it.

[R2D2-51]

B/O its looking more and more like a Wolf in sheeps clothing.

[CellarDoor]

Didn't have to bother with a "Truth Commission" for investigating the Clinton presidency (no, not defending it here). Nor did we have to have a "Truth Commission" for steroid use in baseball.

But when it comes to violating the US Constitution and committing war crimes banned by the Geneva conventions as well as the Army Field Manual...not withstanding the fact that we tried, prosecuted, and (from what I understand) actually executed a Japanese POW for subjecting Americans to water-boarding...

Well of course we have to move forward! Self-reflection and Honor are icky things so we should just put our heads in the sand and keep out mean thougts...err....I mean look forward and move on....not like those who ignore history are bound to repeat it or anything demonstrably foolhardy...

Hey you early 20-somethi­ngs....gue­ss what? Now your kids will be fighting our next idiot war for lies and why? Well because we were way to noble and smart and looked forward instead of in reverse...why else?

[R2D2-51]

Well put!

[rwext]

Barack wants to " move forward"... Bill Clinton and Jimmy Carter have been SILENT, which says a lot for both as they would go to great lengths to excoriate the Right, especially Carter... Colin Powell himself , Wesley Clark are also quiet....Nancy Pelosi lied....this witch hunt , if it goes forward , will cause Barack to be a one term president , as his administration is already treating the American military as heinously as they were treated during and after the Viet Nam era

[kepary]

we should show the torture that Nick Berg went through... no waterboarding or face slapping there.