TOTAL LICENSING
• With the help of friend- attack. Defense, not thought or study, was the mo- balances on their head.”
ly allies –often in Islamic tivator. Justice Antonin Scalia, famously the most conserva-
countries – the CIA es- Changes were made – Condoleeza Rice was more tive member of the Court: “Indefinite imprisonment
tablished “black sites” to willing to serve than Colin Powell, who was often too at the will of the Executive strikes at the very core of
park their captives away disagreeable with his concerns. Even Secretary of liberty!” Practically all the press in the USA and over-
from American law and War Rumsfeld, when he sided too much with the seas approved. Two months after the first photos of
inquisitive American re- unwilling Army, had to resign. The Army was right- Abu Ghraib abuses had been leaked, many things
porters. fully fearful that US captives might be mistreated started to happen.
• By 2003 a new solu- as well. More and more the President’s inner circle • Senator McCain, an expert on how torture feels
tion was found: Guanta- became a secret society that gave scant information and how it doesn’t work, introduced an amendment
namo! to Congress, the press, or anyone, and that lived and prohibiting all US personnel, including the CIA, from
In 1903 a perpetual lease on a small strip of land worked by favorable soundbites. engaging in torture and other forms of cruel, inhu-
had been given by a pre-Castro Cuban government We should remember a quote from one of the most mane, and degrading treatment anywhere in the
to the US Navy at Guantanamo Bay for a naval famous scholars on the US Supreme Court – Jus- world.
base. The administration hoped to be able to use a tice Luis Brandeis: “The greatest dangers to liberty • In autumn 2005, more than a dozen generals, in-
legal definition that, though under US control, it was lurk in insidious encroachment by men of zeal, well- cluding former Secretary of State, and Chief of Staff,
not under US law – and so was safe from Congress meaning but without understanding.” Colin Powell, sent a strong public letter to Congress
or nosey lawyers. More and more laws were written under the Presi- urging the passage of the bill. On October 5
th
Presi-
This theory also partially worked for Abu Ghraib, a dent’s wartime powers that on sober reflection could dent Bush threatened to use his veto. Nonetheless,
parking place for prisoners in Iraq under control by never have stood up against the Supreme Court or immediately the Senate passed the McCain bill 90-
the US Army. The army never liked this job and after the US Constitution. On June 10
th
2004, when asked 9, including 46 of the 55 Republican votes.
searchlights of critics showed trends to cruelty by a if torture was justified, President Bush could say: • On September 6
th
, before an audience in the White
few so inclined army personnel Abu Ghraib became “We’re a nation of law. We adhere to laws on the House, Bush for the first time admitted that America
“too hot to handle”. The army attempted to remove books. You might look at these laws, and that might had been holding secret prisoners for years without
the blot on its reputation as a peacetime occupying provide comfort to you.” charges, and stated he had emptied the black sites
force by closing it. THE TIDE STARTS TO TURN and transferred the suspects to Guantanamo.
The Bush Administration, driven by its own paranoia With time even conservative Republicans began to In closing this long embarrassing tale let us note
as well as real fears, never slowed down enough to feel uncomfortable with the news trickling out of that by 9/11/2008 no prisoner had been tried yet,
really examine the effectiveness of extreme inter- Guantanamo and they tried to put some distance but of the 759 detainees held there were only ap-
rogation techniques in delivering valuable new intel- between themselves and the responsible advisors proximately 340 remaining. The rest in some way
ligence. The White House wanted reports of success who drove the program ahead. These advisors were have been released. While most have been lost to
stories. Opponents who had studied torture during principally, John Woo of the Department of Justice public notice by returning to private life, some have
the passage of time (The Spanish Inquisition, the Sa- Legal Counsel, and Cofer Black of the Counterter- told tales that are difficult to listen to.
lem Witch Trials, and the Russian Communist Show rorism Office of the State Department, and David Let us also note that, except for some low-level sa-
Trials, to name a few) kept warning that victims once Addington, Chief of Staff to Vice-President Cheney, dists or fall guys that have been punished, none of
sufficiently in deprivation or pain would say anything and George Tenet, Director of the CIA. the higher ups have had to defend themselves for
their captors wanted to hear just to end the pain. There then started internal debates about water- past behavior. If this behavior was contrary to the
The American system of law demands proof of guilt boarding and the right to hold prisoners without law and Constitution, it might have to be termed
– not proof of innocence - and demands respect for charges, while subjecting them to torture for many criminal or might have to be looked at by an impar-
civil rights, human dignity, rights of the accused, etc. years. A committee of attorneys who had been tial truth commission.
It simply could not be bent into the type of dictator brought together to defend a few Guantanamo de- Finally, let us be proud of the untold loyal and decent
driven mindset that the USA had itself decried so tainees, whom they were never able to meet and Republican officials who, at risk to careers and repu-
often and had eliminated in its victory over Nazi and who were stopped by “national security reasons” tations, brought this tragedy of excesses to an end!
Holocaust methods and concentration camps. from examination of evidence against their clients, Bravo to them – and with apologies to the victims.
This was a new type of war with widely disbursed kept suing and suing in vain. However, finally two cas- Let us celebrate these intrepid decent Americans.
enemies embedded in civilian populations rather es reached the Supreme Court. Everyone expected Now that we have looked deeply into our failings,
than in armies with traditional fronts and eventual the Court, which essentially contained a meaningful let us not jump to conclusions and get to know the
prisoner exchanges and peace treaties. number of Bush appointees, to rule for the govern- majority of today’s terrorists and see what makes
WHAT TO DO? The Lawyers and CIA Directors: ment. But surprise of surprises - the Court ruled in them what they say they are: Jihadists!
Ambitious members of a President’s appointees, or the cases (Rasul vs Bush) and (Hambi vs Rumsfeld) JIHADISM
civil service, staff obviously desire to provide what for the detainees stating that the detainees could It seems to me that though many of us, including
the Chief Executive requires. Loyalty and “team play” not be held indefinitely without due process and had our politicians and “talking heads”, are frequently
are prized and promoted while caution and critique the right to challenge their imprisonment in Federal referring to Jihad and Jihadists, we really know too
are not popular. This is basic even in a peacetime Court!! It seems Guantanamo was after all under little about the real facts or origin of this growing
democracy. US laws. and almost worldwide movement. Jihadism is a radi-
In often announced wartime it is even more, also, A few pertaining quotes: cal religious belief that is based on interpretations of
a question of patriotism. There is always pressure, Lifelong Republican, retired federal Judge John Gib- the Koran’s teachings of “Tawhid” – the uniqueness
hurry, and necessity that override reason. It takes a bons, who defended a detainee pro bono: “The Bush of Allah and his teachings as revealed to his Prophet.
very wise, thoughtful, curious, and investigative Chief White House has created a lawless enclave insulat- Islam, the religion based on Allah and the Koran, is
Executive to counteract this tendency. ing the Executive branch from any judicial scrutiny the youngest of the monotheistic religions. It is con-
All this President Bush really wasn’t. He believed in now or in the future.” sidered by its followers the most modern update of
not getting involved in details but preferred to leave Justice Anthony Kennedy said: “Guantanamo is a belief that supersedes its older predecessors, Juda-
these to his Vice-President Cheney and his subordi- place that belongs to the United States regardless ism and Christianity. Muslims believe that as the last
nates. And his subordinates kept extemporizing laws of other technicalities.” word “given by God (Allah)” it is surely right and is
as quickly as needed and invented patriotic under- Justice Sandra Day O’Connor: A state of war is not destined to be spread all over the world.
pinning for such laws. The mood was one of hurry, a blank check! The Commander in Chief’s powers From its small starting points in Mecca and Me-
hurry; we have to save ourselves and the world from are not an excuse “to turn our system of checks and dina, it conquered and converted large parts of Asia,
138
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