Prosecutors have argued that a criminal investigation into torture undertaken with the direction of the Bush White House would raise complex legal issues, and proof would be difficult. But what about cases in which an instigator openly and notoriously brags about his role in torture? Cheney told Jonathan Karl that he used his position within the National Security Council to advocate for the use of waterboarding and other torture techniques. Former CIA agent John Kiriakou and others have confirmed that when waterboarding was administered, it was only after receiving NSC clearance. Hence, Cheney was not speaking hypothetically but admitting his involvement in the process that led to decisions to waterboard in at least three cases.
What prosecutor can look away when a perpetrator mocks the law itself and revels in his role in violating it? Such cases cry out for prosecution. Dick Cheney wants to be prosecuted. And prosecutors should give him what he wants.
“Does Dick Cheney Want to Be Prosecuted?” — By Scott Horton (Harper’s Magazine)
(Note: Horton makes reference to supposed violations by Cheney of 18 U.S.C. §§ 2340A, which seems like an odd authority in this instance, since the law specifically addresses “[w]hoever outside the United States commits or attempts to commit torture.” Prior to any discussion of the wisdom or constitutionality of prosecuting the former Vice President for his advocacy of waterboarding, or any discussion of whether waterboarding as performed satisfies the statutory definition of “torture,” the law was designed to cover actions by U.S. officials acting “under the color of authority” when abroad. Any of y’all have a better grasp on what laws Cheney or any other official could theoretically be prosecuted, or how 2340A really could be relevant?)
An occasional ZC feature, the “Hall of Fail” is dedicated to recommendations and proposals that are so confoundingly ridiculous and unrealistic, they permanently put the writer’s political judgment in doubt. This post is the second installment.
Comments 3
stupid idea to prosecute Cheney. he should simply be detained and tortured ceaselessly and without recourse. he’ll be safe.
February 16th, 2010 at 10:52 am
Howard, (h) for the above
February 16th, 2010 at 11:55 am
Only in the ‘bearded spock’ universe, does this sort of thing, make sense, but Horton was won the gold on many an occasion in this
competition. The idea is to criminalize the very idea of aggressive
interrogation, under any circumstance, my paisan Albert Mora is one of these, who can’t think of any condition when ‘medium sweet coffee’ and other appetizers aren’t the solution
February 16th, 2010 at 12:30 pm