No free pass to torture

WE SAY Those who carried out illegal Bush administration policies should be prosecuted.

A reading of the recently released secret legal memos on torture can easily make one’s stomach churn. Pages of legal prose document interrogation techniques used by the CIA that are strangely reminiscent of methods used by depraved regimes like those in North Korea.

Lest we’re accused of mere hyperbole, some of these practices include smashing detainees against walls, placing them in a confinement box with insects, food deprivation and, of course, waterboarding. 

In fact, a 2005 memo revealed that CIA interrogators waterboarded Khalid Sheikh Mohammed, the self-identified mastermind of the 9/11 attacks, a record 183 times in just one month.

Usually, one would hope that such repeated attempts would demonstrate the futility of torture, but when we’re in the business of securing the homeland, common sense and respect for the rule of law often seems to be in short supply. 

This is exactly the sort of attitude that is preventing the Obama administration from pursuing criminal investigations against CIA interrogators, a rather cowardly move. Indeed, the unwillingness to prosecute those who participated in torture is puzzling when we consider that the administration braved intense criticism from members of the intelligence community when it initially decided to release the memos.

Republicans also joined in, launching baseless attacks against President Obama, including claims that his actions were further endangering the country.

However, what these same critics refuse to acknowledge is that apart from violating international rule of law, any gains from torture have been exaggerated.

After reports about the waterboarding of Mohammed were released, apologists quickly pointed out that torturing him revealed a plot to crash a plane into the Library Tower in Los Angeles.

There is a small problem with this story. The Bush administration publicly claimed that the Library Tower plot was foiled in February 2002, but Mohammed was only captured in March 2003. In this instance, waterboarding Mohammed was cruel and unusual punishment, in addition to a waste of valuable intelligence resources.

To be sure, the systemic practice of torture wasn’t limited to just the intelligence community alone. Those who played an integral role in shaping the legal justification for torture must also be held accountable through the convening of an investigative bipartisan panel.

At the same time, CIA interrogators cannot be immune from any such criminal prosecution. Particularly when the rule of law is violated in such a blatant and offensive manner, the CIA cannot hide behind the cloak of secrecy.