Patrick’s Notebook

The chorus demanding George Bush be prosecuted for torture and other constitutional abuses is getting louder

By Dan Kennedy, guardian.co.uk — 08 July 2008

I had a good laugh when my friend Seth Gitell reported in the New York Sun on a campaign by the dean of the obscure Massachusetts School of Law to put George Bush and other top White House officials on trial for war crimes.

Lawrence Velvel, Gitell notes, wrote last month that his model was the Nuremberg trials held after second world war. Velvel went so far as to say that “we must insist on appropriate punishments, including, if guilt is found, the hangings visited upon top Germans and Japanese.” Oh, my.

Though I found Velvel’s apparently earnest quest as ridiculous as Gitell did, the idea of holding our leaders accountable for the crimes and constitutional violations of the past seven and a half years isn’t ridiculous in the least.

We are less than a decade removed from impeaching a president and nearly relieving him of office because of a lie in a civil deposition about blowjobs. Yet when congressman Dennis Kucinich recently attempted to impeach Bush over torture, extraordinary rendition and other grotesque constitutional abuses, Kucinich’s embarrassed fellow Democrats couldn’t kill the measure quickly enough.

Why? Top Democrats are so complicit in what has happened since 9/11 that my guess is they dare not travel down that road. From voting in favor of the war in Iraq to holding the telecommunications companies guiltless for their role in spying on Americans (Barack Obama infuriated much of his progressive base by voting for immunity), the Democrats have often acted more as enablers than as a true opposition party. From their point of view, no doubt it’s best to move on.

And yet we can’t move on. Everywhere you turn, there are reminders of the demons that have been unleashed in the name of fighting terrorism. We are less democratic and less free than we were before Bush and Dick Cheney entered office following an election that they demonstrably did not win. If we don’t come to terms with what happened, there’s little chance of reversing our slide into authoritarianism.

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Waterboarding Got White House Nod

By Joby Warrick, Washington Post — 15 October 2008

The Bush administration issued a pair of secret memos to the CIA in 2003 and 2004 that explicitly endorsed the agency’s use of interrogation techniques such as waterboarding against al-Qaeda suspects — documents prompted by worries among intelligence officials about a possible backlash if details of the program became public.

The classified memos, which have not been previously disclosed, were requested by then-CIA Director George J. Tenet more than a year after the start of the secret interrogations, according to four administration and intelligence officials familiar with the documents. Although Justice Department lawyers, beginning in 2002, had signed off on the agency’s interrogation methods, senior CIA officials were troubled that White House policymakers had never endorsed the program in writing.

The memos were the first — and, for years, the only — tangible expressions of the administration’s consent for the CIA’s use of harsh measures to extract information from captured al-Qaeda leaders, the sources said. As early as the spring of 2002, several White House officials, including then-national security adviser Condoleezza Rice and Vice President Cheney, were given individual briefings by Tenet and his deputies, the officials said. Rice, in a statement to congressional investigators last month, confirmed the briefings and acknowledged that the CIA director had pressed the White House for “policy approval.”

The repeated requests for a paper trail reflected growing worries within the CIA that the administration might later distance itself from key decisions about the handling of captured al-Qaeda leaders, former intelligence officials said. The concerns grew more pronounced after the revelations of mistreatment of detainees at the Abu Ghraib prison in Iraq, and further still as tensions grew between the administration and its intelligence advisers over the conduct of the Iraq war.

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