On the eve of his weeklong trip to
Africa, US President George W. Bush Friday delivered an
open defense of his administration’s criminal record of
torture and repression, acts that have blatantly
violated international law and turned the US into a
pariah nation.
Bush’s intervention followed a
carefully orchestrated propaganda campaign by
administration officials aimed at legitimizing the use
of torture by US intelligence agencies, and in
particular defending the procedure known as
waterboarding in which a prisoner under interrogation is
strapped down and subjected to induced drowning by
having water poured over his mouth and nose.
The intention of the campaign being
waged by Bush and his aides is to consolidate during the
little less than a year remaining to the administration
the sweeping repressive measures that it has imposed
since September 2001. At the same time, it has clearly
signaled its desire to put terror back on the front
burner of American politics with the aim of terrorizing
the American people in the run-up to the 2008 election.
In an interview with the BBC
Thursday, Bush reiterated his threat to veto legislation
approved the day before by the Senate banning the use of
waterboarding and other forms of torture that the Bush
administration has defined euphemistically as "enhanced
interrogation methods." The House of Representatives
passed a similar bill last December.
The Senate voted by 51-to-45 to
approve the measure, falling far short of the two-thirds
majority needed to override a presidential veto. Five
Republicans voted for the legislation. Neither of the
Democratic presidential candidates—Senators Hillary
Clinton and Barack Obama—voted, while Republican
front-runner Senator John McCain voted against it.
The legislation restricts the CIA and
other intelligence agencies to the methods outlined in
the Army Field Manual, which explicitly bars
waterboarding, mock executions, forced nakedness and
sexual assault, electric shock as well as sensory and
sleep deprivation. These are all methods that have been
utilized in the so-called "war on terror" in detention
centers like Guantanamo and Abu Ghraib as well as in
secret CIA prisons scattered across the globe.
Asked by Matt Frei of the BBC whether
vetoing a law that proscribes waterboarding didn’t send
"the wrong message" to the world, Bush was implacable.
The legislation, he insisted, would result in "imposing
a set of standards on our intelligence communities in
terms of interrogating prisoners that our people will
think will be ineffective."
Accusing critics of torture of
abetting terrorism, he asked, "Which attack would they
have hoped that we wouldn’t have prevented?"
The job of the president, he added,
is to "give his professionals within the law the
necessary tools to protect us." He repeatedly insisted
that the CIA and other US agencies were operating
"within the law." In answer to Frei’s question about his
threatened veto, he said, "The reason I’m vetoing the
bill—first of all, we have said that whatever we do ...
will be legal."
The Bush administration’s concept of
legality, however, is that the president, as commander
in chief of the military, has unlimited powers to
override any law or constitutional principle in the name
of protecting the country. Therefore, torture,
kidnapping, domestic spying and extra-judicial
executions are all legal so long as they are carried out
on his order.
The administration’s tortured logic
regarding the legality of torture found fresh expression
Thursday with testimony before a House committee by
Steven Bradbury, acting head of the Justice Department’s
Office of Legal Counsel, who acts as the president’s top
legal advisor at the Justice Department.
"There has been no determination by
the Justice Department that the use of waterboarding,
under any circumstances, would be lawful under current
law," Bradbury told the House Judiciary subcommittee.
The words were artfully chosen. They
clearly imply that neither has any determination been
made that this method of torture is illegal, either
"under current law" or previously during 2002-2003,
when, according to a recent admission by CIA Director
Michael Hayden, the agency waterboarded three detainees.
While claiming that US operatives are not presently
waterboarding prisoners, Bradbury indicated that the
torture method could be added to the CIA’s
"interrogation program." If it was, he said,
congressional leaders would be notified.
Elsewhere in his remarks, Bradbury
noted pointedly that use of waterboarding had been "the
subject of oversight by the Intelligence Committees of
both Houses of Congress, and the classified details have
been briefed to members of those Committees and other
leaders in Congress."
Among those briefed on the torture
program in 2002-2003 was House Speaker Nancy Pelosi.
According to a report in the Washington Post last
December, the legislators received "about 30 private CIA
briefings, some of which included descriptions of
waterboarding, overseas rendition sites." Their
reaction, according to the Post "was not just
approval, but encouragement." The implication of
Bradbury’s remark was unmistakable: "If we’re guilty, so
are you."
Bradbury’s testimony followed that of
Attorney General Michael Mukasey last week. Mukasey put
forward the position that the Justice Department could
not investigate much less prosecute anyone for carrying
out the illegal torture, because it was the Justice
Department’s own Office of Legal Counsel that approved
these methods. Indeed, it was Bradbury who, in 2005,
issued a series of classified legal memos designed to
circumvent ant-torture statutes and backing the use of
waterboarding, exposure to cold, head-slapping and other
forms of torture. Similar secret torture memos were
issued by the office in 2001 and 2002.
"Essentially it would tell people,
‘You rely on a Justice Department opinion as part of a
program, then you will be subject to criminal
investigations ... if the tenure of the person who wrote
the opinion changes or indeed the political winds
change,’" Mukasey said.
Speaking before the Conservative
Political Action Convention last week, Vice President
Dick Cheney defended the torture methods unequivocally.
"It’s a tougher program for a very few tougher
customers," Cheney said. "The program is run by highly
trained professionals who understand their obligations
under the law. And the program has uncovered a wealth of
information that has foiled attacks against the United
States."
In the midst of this debate on the
desirability of torture raging within the US political
establishment, the Bush administration issued dark
warnings Friday over the failure of the House to
rubberstamp Senate legislation renewing sweeping
domestic surveillance powers combined with retroactive
immunity for telecommunications corporations—AT&T,
Verizon, Sprint and others—who violated the law by
collaborating with the National Security Agency’s
illegal warrantless spying program.
The amnesty—approved with significant
Democratic support in the Senate—would shut down some 40
civil lawsuits. The administration is anxious to call
these legal actions to a halt not only out of concern
for the profit interests of the telephone companies, but
out of fear that they could further expose the
illegality of the White House’s own actions.
The so-called Protect America Act,
under which the administration was continuing its
domestic wiretapping operations, expires February 16.
The legislation, approved by the Democratic-led Congress
last August, gave the government powers to eavesdrop on
the phone calls and emails of US citizens, so long as
they are in communication with individuals "reasonably
believed to be located outside the United States." This
wiretapping could be ordered and continued for up to a
year on the sole authority of the US attorney general,
with no judicial oversight.
The legislation passed by the Senate
retains these sweeping powers. The House leadership was
also prepared to continue them, but balked at the
blanket immunity for the telecommunications firms.
As a result of the House’s failure to
pass the legislation, Bush claimed, "our country is more
in danger of an attack. By not giving the professionals
the tools they need, it’s going to be a lot harder to do
the job we need to be able to defend America."
This attempt at fear-mongering is
founded on lies. The reality is that the spying begun
under the Protect America Act can continue for up to a
year. Meanwhile, new surveillance can be launched under
the provisions of the Foreign Intelligence Surveillance
Act (FISA), which allows intelligence agencies to begin
wiretapping first and obtain warrants later. And, in any
case, the House and Senate will no doubt arrive at a
compromise that abrogates basic democratic rights of the
American people. What concerns Bush is not some
heightened threat of terrorism, but rather even any
limited challenge to his assertion of near-dictatorial
powers.
The Washington Post,
meanwhile, weighed in with an editorial Friday backing
the Senate anti-waterboarding bill and criticizing
Bush’s veto threat. Entitled "Moral Barrier," the
editorial called the legislation an "important step
toward restoring the moral authority of the United
States."
It added weakly, "One would think the
leader of a country that cherishes human rights would
support this worthy measure, but President Bush, to the
great detriment of the United States and his legacy, is
likely to veto it."
The concern of the Post and
those sections of the ruling elite for which it speaks,
is that the open defense of torture in Washington is
undermining US interests by increasing popular
opposition to US policy in the Middle East and around
the globe.
Underlying all of these debates,
however, is the Bush administration’s record of
wholesale criminality in which the Democratic
congressional leadership, the mass media and the entire
political establishment are complicit.
No act of Congress banning specific
torture techniques will suffice for "restoring the moral
authority of the United States." Waterboarding and the
other vicious acts of brutality carried out against
individuals that the US has abducted and detained around
the world were already outlawed under both US statutes
and international law. Why should anyone believe that
this new congressionally enacted "moral barrier" would
be worth any more than the paper on which it is printed?
The real issue is holding Bush,
Cheney and all those responsible for ordering wars of
aggression, torture and other war crimes accountable,
both politically and criminally. No section of the
Democratic Party leadership is prepared to fight for
this, precisely because it is so deeply implicated in
these policies.
LAST
WEEK