In a January 25, 2002, memo, White House Counsel Alberto Gonzales advised the President of "the threat of domestic criminal prosecution under the War Crimes Act," a federal statute. He advised Bush to invent a legal technicality--declaring detainees in the "war on terror" to be outside the Geneva Conventions--which, he said, "substantially reduces" the chance of prosecution. Gonzales went further, telling the President that the war on terrorism "renders obsolete Geneva's strict limitations on questioning of enemy prisoners"; he pooh-poohed concerns that abandoning the Geneva standards might endanger US troops.
Let's be clear about what this means: Gonzales was urging--and the President adopted as policy--an end run around federal laws. The War Crimes Act, passed by Congress in 1996, allows criminal prosecution of Americans for actions that violate the rights granted prisoners and civilians by the Geneva Conventions and for "outrages upon personal dignity." It is backed by the full range of federal penalties, up to and including the death penalty. And all treaties, including the Geneva Conventions and the Torture Convention, are likewise the binding law of the land.
From the Gonzales memo, it is clear that the Administration always envisioned taking coercive interrogation beyond Afghanistan. Gonzales repeatedly refers to the broader "war on terrorism"--the phrase Bush uses to cover the war on Iraq. Gonzales specifically advises the President to hold open "options for future conflicts." Thus the scandal is not what George W. Bush referred to as the "failures of character" of a few soldiers at Abu Ghraib. The scandal is that the White House wanted to torture prisoners and get away with it.
And so many votes for Bush were because he was the moral candidate?
With Rice's new job, and Gonzales's new job, and whatever scary folks they find for the other cabinet positions we are left with nothing but the words of Get Your War On:
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in our leader's decisions brought us together to make this site.
As Bush said, he's a "uniter." Many of us have never even met.
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"To announce that there must be no criticism of the
president, or that we are to stand by the president, right or wrong, is
not only unpatriotic and servile, but is morally treasonable to the
American people."
- Teddy Roosevelt
"Government has a final responsibility for the well-being of
its citizenship. If private cooperative endeavor fails to provide work
for willing hands and relief for the unfortunate, those suffering
hardship from no fault of their own have a right to call upon the
Government for aid; and a government worthy of its name must make
fitting response."
- Franklin Delano Roosevelt
"I am not an advocate for frequent changes in laws and Constitutions, but laws must and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
- Thomas Jefferson
"The means of defense against foreign danger historically have become the instruments of tyranny at home."
"All men having power ought to be distrusted to a certain
degree."
- James Madison
"I believe in human dignity as the source of national purpose, in human liberty as the source of national action, in the human heart as the source of national compassion, and in the human mind as the source of our invention and our ideas. It is, I believe, the faith in our fellow citizens as individuals and as people that lies at the heart of the liberal faith. For liberalism is not so much a party creed or set of fixed platform promises as it is an attitude of mind and heart, a faith in man's ability through the experiences of his reason and judgment to increase for himself and his fellow men the amount of justice and freedom and brotherhood which all human life deserves." - John F. Kennedy
"Should any political party attempt to abolish social security, unemployment insurance, and eliminate labor laws and farm programs, you would not hear of that party again in our political history. There is a tiny splinter group, of course, that believes you can do these things. Among them are [a] few other Texas oil millionaires, and an occasional politician or business man from other areas. Their number is negligible and they are stupid."
- Dwight D. Eisenhower
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