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Aerden
aerden
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September 2019
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Aerden [userpic]
The Politics of Prosecution

I just heard on the news that President Obama is considering prosecuting Bush administration lawyers who advised the Bush administration that certain types of torture were legal under certain circumstances.

That's how I understood the news report, anyway. I think this is a bad idea. It could tie the hands of the wiser members of President Obama's administration and could give the less wise members of it the illusion that they may act with impunity against their predecessrs because they are in power, without realizing that this could have serious repercussions on their own careers when the next administration--whether it be Republican or Democrat--comes along.

President Obama is a lawyer, so I can only conclude that he wants to set legal precedent here and that he is fully aware that this course would set legal precedent. But no one can predict what will be considered legal, four or eight years from now, so I am baffled as to why the President would want to effectively paralyze his own staff. Once you begin prosecuting for gray-area things, every staff member has to start looking over his shoulder and second-guessing his own advice. It kills honesty and forces everyone to think first about protecting themselves from future legal action rather than getting the current job done.

I don't condone gratuitous torture any more than the next sane person. If I believed members of our military or intelligence services were carrying out gratuitous torture, then, yes, I would agree that those sick puppies should be put away and the key thrown into Mount Doom.

But I don't think that's the case, here. I think President Obama believes that any torture at all is gratuitous or at least unconscionable. I don't believe he understands that someone like Idi Amin won't pay attention to you until you stomp on his toes--hard. Then he might listen--if he thinks he can't overpower you.

I believe this is a bad, bad idea.

Current Mood: worriedconcerned
Comments

You've not asked the actual question: did somebody do something illegal?

You're not creating a new law here, you'd be enforcing an existing one uniformly. If enforcing that law makes lawyers think twice before ignoring the massive weight of international law, then, great.

And on the wider issue of torture:

State terrorism vs. Democracy: "In modern times it is not aimed primarily at the extraction of information, as commonly portrayed in films. Its real aim is to break down the victim's personality and identity."

If you consider that 9/11 justified Guantanamo, then you have to consider that Guantanamo justified 9/11. There is no way you can have one without the other.