Above the Law
By: S. Rowan Wolf, Ph.D., Uncommon Thought Journal
June 13, 2004 This work is under a fair use Creative Commons License
Despite distractions and carnivals the torture policy continues to weave itself more tightly around the Administration. It seems clear at this point that the torture policy goes to the Oval office, even as investigations work their way up from the bottom of the hierarchy. It is interesting to watch the reports coming out. On one hand we have leaked memos and reports - the most damning the Pentagon's Working Group Report on Detainee Interrogations in the Global War on Terrorism: Assessment of Legal, Historical, Policy , and Operational Considerations (this is a pdf document and takes some time to load). On the other hand, the investigations are uncovering that torture was endorsed high up in the military command (Gumbel, Independent, 6/13/04).
If you take the time to read through (or even scan) the Pentagon report, it is clear that every pertinent international and domestic law banning torture is argued around. Likewise, the legal opinion from the Department of Justice legitimates use of torture (Wa. Post, 6/08/04) in 2002.
Aside: There is a great review of "State Terrorism and the United States: From Counterinsurgency to the War on Terrorism" by Tracy Mclellan discussing the history of terrorism and torture by the US
Attacks are now zeroing in from different sides to get the truth out. On the public front, we have the Center for Constitutional Rights filing suit against the private contractors involved in the torture at Abu Ghraib. Ron Daniels of CCR was interviewed by David Brancaccio on the 6/11/04 edition of NOW. In the interview, Daniels raises the lager issue of the power of the executive branch:
"And one of the concerns I think many of us have is the executive branch aggregating unto itself, you know, extraordinary power such that no one can question what the executive brand does. And in fact as the Center for Constitutional Rights went before the Supreme Court to argue the Rasul Case in terms of Guantanamo that's what Ted Olson basically said. "
On the Government front, John Ashcroft riled the Senate Judiciary Committee with his 6/08/04 appearance, by refusing to answer questions and release the memos advising Bush on use of torture that were provided by the DoJ. Parts of that testimony also point to increasing concerns about the concentration of power in the Executive Branch. Ashcroft was threatened at least twice with Contempt of Congress (by Richard Durbin, and Joe Biden), and it sounded like there was pressure to pursue those charges.
The broader concern with the Executive Branch usurping power is not new. This is a path that the Bush regime has been on since the first day it entered office (and some would argue before that). It started with refusing to release old documents (including Presidential documents) that were scheduled for release. It moved on to Cheney refusing to release the documents from his energy plan meetings. After 9/11, refusal to release information because it was critical to national security has become so common that it's like putting salt on potatoes. From the beginning, there have been concerns about the wall of secrecy that the Regime has built around itself.
The issue of the use of torture is yet another example of the Regime putting itself above the law - any law. But this is not the first time. It was clear with the release of the National Security Strategy that law and agreements meant nothing as Bush restarted the nuclear arms race, and declared the US would engage in preemptive war. It was demonstrated again, when the US decided to do exactly that, without UN security Council support, to invade Iraq.
It seems there is a clear path here to a frightening vision. Bush (and his merry "men") have a vision of creating Empire America under a fascist government with George at the helm. This regime sees itself above the law - national and international. It is annoyed at any questions of its actions. It is headed by a man who thinks he is getting directions from God, and since he is answering to a "higher authority," the laws of "man" mean nothing. Thus far they have been terrifyingly successful.
There is a Bush quote that was said with a laugh, but perhaps the most honest thing he has stated publicly:
"If this were a dictatorship, it'd be a heck of a lot easier... just so long as I'm the dictator."
-- During his first trip to Washington as President-Elect, Washington, D.C., Dec. 18, 2000 (audio of statement from Dubya Speak)
Articles & Resources
6/13/04 Gumbel, Independent/UK, Abu Ghraib torture 'was approved at senior military level'
6/08/04 Priest & Smith, Wa. Post, Memo Offered Justification for Use of Torture
6/08/04 Schmidt, Wa. Post, Ashcroft Refuses to Release '02 Memo
6/12/04 Brinkley, NYT, Army Policy Bars Interrogations by Private Contractors
6/13/04 Higham, Wa. Post, A Look Behind the 'Wire' At Guantanamo. Defense Memos Raised Questions About Detainee Treatment as Red Cross Sought Changes
6/13/04 Gordon, Newsday, Memo opens torture questions
6/08/04 NPR, Link to Audio of Ashcroft's Testimony before the Senate Judiciary Committee
CCR Files Lawsuite against Private Contractors for Torture Conspiracy ... Al Rawi v Titan actual filing.
Full Transcript of NOW from 6/11/04 Broadcast
Tracy Mclellan, Panoptic World, The Frightening Image in the Mirror
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment UN agreement that went into force on 6/26/1987.
Commentary on the Pentagon report - 6/12/04 Norton-Taylor, Guardian, A torturer's charter
Amendments to the Constitution