Eugene Robinson: Torture Is a Crime, and Crimes Demand Prosecution

[babylonsister]

http://www.truthdig.com/report/item/20090423_torture_is_illegal/

Torture Is a Crime, and Crimes Demand Prosecution

Posted on Apr 23, 2009

By Eugene Robinson


The many roads of inquiry into the Bush administration’s abusive “interrogation techniques” all lead to one stubborn, inconvenient fact: Torture is not just immoral, but also illegal. This means that once we learn the whole truth, the law will oblige us to act on it.

Understandably, the Obama administration wants to avoid getting bogged down in a long, wrenching legal drama that almost certainly would be partisan and divisive. But I’m not sure it’s possible to skirt the criminal implications of what we already know, let alone what we might find out in a full-scale “truth commission” investigation with access to all relevant witnesses and documents.

snip//

Even if experts have differing views about torture’s effectiveness, there is one point on which they cannot disagree: It violates U.S. and international law.

What abuses legally qualify as torture? That probably depends on which of several possibly applicable legal standards is applied. At a bare minimum, though, it seems clear to me that waterboarding will almost certainly be deemed illegal if put under judicial scrutiny. The practice has been considered torture at least since the Spanish Inquisition—except, apparently, in the Office of Legal Counsel under George W. Bush.

I don’t know what more we’ll find out if a blue-ribbon investigative panel of some kind is formed. But what we already know is enough to ensure that sooner or later the abusive interrogation methods authorized by Bush, Dick Cheney and other officials are going to be measured against the law. Our system, left to its own devices, is not designed to let illegal acts be revealed and then ignored.

From the viewpoint of the Obama administration, the alternatives may be unattractive or even unacceptable. No one wants to see low-ranking CIA interrogators go down for doing what their superiors told them was legal, especially if the superiors are not held to account. But pursuing criminal charges against the highest-ranking officials of the previous administration would be unprecedented, and it is unclear where such a process might lead.

It will be hard to stop this train, though. The rule of law is one of this nation’s founding principles. It’s not optional. Our laws against torture demand to be obeyed—and demand to be enforced.

[ShortnFiery]

1. That's the way! All the way! AIRBORNE!

Eugene Robinson :patriot:

[predfan]

2. Ah, back in the day, about the time of the unpleasantness regarding Pres. Clinton,

and that horrible episode of purgery........... so bad it meant impeachment proceedings HAD to be.........

Seems like I heard the term "rule of law" a lot from those Republicans, heard about how "no one's above the law"

Seems so long ago now.

[SemiCharmedQuark]

3. I just adore Eugene Robinson...

[OHdem10]

4. J. Tapper on MSNBC this AM: The way Torture is defined in the

Law. He explained that the law is broad and torture very ill-defined.
So much so, that any responsible Prosecutor can honestly say, there
is no way for me to put together a winning case.


Let us be honest, it was probably written that way for a purpose.

May I suggest that while many on our side are outraged and see the
acts as torture, there are many or more people who have very different
views.

Get out of the DC Bubble and away from activists on both sides, you
will find rank and file Americans who hold very different views.

War is hell--bad things are going to happen. People are going to do
what they have to do in order to survive.

Nothing is too bad if done to a terrorist who wants to destroy our
country and our way of life.

No matter what we think. The Military is one of the most respected
parts of government. People are willing to give them lee way and
overlook their activities much more than any other.

The Middle Class provides the soldiers, sailors, marines, etc.
Special Forces are waterboarded as part of their training. Prepare
them in case they are captured.

Lastly there are Democrats even in Washington who do not have
problems waterboarding Terrorists.

Look, this does not necessarily reflect my feelings. I am only
suggesting that we cool down and make logical arguments.

Torture is ill-defined in law. Gives Prosecutors a way out.
The country is not at all in one place on this issur.

[ErinBerin84]

5. Do you mean David Gregory?

[OHdem10]

6. No, I mean J Tapper

[ErinBerin84]

7. I'm just asking

because David Gregory was making a very similar argument on MSNBC's Morning Joe and it's so hard to tell these people apart these days.

[RUMMYisFROSTED]

18. McGregory never had an original thought in his life.

That's how you can tell.

[Chuckleberry]

8. "cruel, degrading or inhumane" is also illegal

And Tapper cannot tell us that forcing someone not to sleep for 11 days or putting an insect next to an insectophobic person in a coffin is humane.

[nichomachus]

9. People are kind of split on the issue of rape too, so let's not prosecute that either

:sarcasm:

[Usrename]

14. Actually, torture is very well defined in US and international law.

I don't know why anyone would think otherwise.

Odd how some folks still fall for all those right-wing talking points.

I also think that since the mega-churches stopped teaching that torture is cool about two or three years ago, it's popularity among the general public is waning. It always seemed like a racist issue anyhow, since no one really believes in torturing white people.

[Spazito]

15. It is spelled out clearly in Title 18 of the US Code, Chapter 113c...

Section 2340. Definitions

As used in this chapter -
(1) "torture" means an act committed by a person acting under
the color of law specifically intended to inflict severe physical
or mental pain or suffering (other than pain or suffering
incidental to lawful sanctions) upon another person within his
custody or physical control;
(2) "severe mental pain or suffering" means the prolonged
mental harm caused by or resulting from -
(A) the intentional infliction or threatened infliction of
severe physical pain or suffering;
(B) the administration or application, or threatened
administration or application, of mind-altering substances or
other procedures calculated to disrupt profoundly the senses or
the personality;
(C) the threat of imminent death; or
(D) the threat that another person will imminently be
subjected to death, severe physical pain or suffering, or the
administration or application of mind-altering substances or
other procedures calculated to disrupt profoundly the senses or
personality; and

(3) "United States" includes all areas under the jurisdiction
of the United States including any of the places described in
sections 5 and 7 of this title and section 46501(2) of title 49.

http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/113c/sections/section_2340.html




Section 2340A. Torture

(a) Offense. - Whoever outside the United States commits or
attempts to commit torture shall be fined under this title or
imprisoned not more than 20 years, or both, and if death results to
any person from conduct prohibited by this subsection, shall be
punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction. - There is jurisdiction over the activity
prohibited in subsection (a) if -
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged
offender.

(c) Conspiracy. - A person who conspires to commit an offense
under this section shall be subject to the same penalties (other
than the penalty of death) as the penalties prescribed for the
offense, the commission of which was the object of the conspiracy.

http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/113c/sections/section_2340a.html

[Usrename]

16. Also, under international law --

For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

http://www.hrweb.org/legal/cat.html

Sounds pretty straightforward to me. Even I can understand it and I didn't even stay at a Holiday Inn or anything.

[Supersedeas]

10. Joe Skankburg and Mika the Meek were take shots at Eugene this morning.

[CTyankee]

12. So THAT'S why I haven't seen Robinson on MJ lately...well, well. nt

[Avalux]

11. That would be Pullitzer Prize Winner Eugene Robinson - Telling the Truth.

No matter the nuances and arguments terrorist apologists come up with - torture is a crime. Great article. :toast:

[polichick]

13. Here's one journalist that I really respect - it's a pleasure to read or listen to him.

[AtomicKitten]

17. Excellent piece, Mr. Pulitzer Prize.

:thumbsup:

[Supersedeas]

19. apparently, simply positing the idea that the Justice Dept might enforce the law is itself political