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Jeremy Scahill and others are angry that the Obama administration is declining to prosecute CIA interrogators, calling the decision a “dark day for justice.” Though I share their outrage over the inhumane treatment of detainees, I am not as upset by the decision not to prosecute. Justice is not about making sure that people who did bad things following bad orders suffer. Justice is certainly not about having show trials for people who acted immorally but dubiously legally. Justice is never again torturing anybody. Justice requires not retribution, but transparency, repentence, and forgiveness.
I think there is some wisdom here, but my emotional response is blocking access to my rational brain. There is nothing legally or morally dubious about torture. The same was true at Nuremberg. I hope those responsible get strung up for it. (via rabsteen)
(via retropolitics)
The decision not to prosecute CIA tortures because they were ‘following orders’ is beyond my understanding. As an ex-serviceman it was always made clear to me that I should obey the last order given to me BUT if that order was illegal or immoral I was obliged to disregard it or at the very least report the fact that it had been issued. Just because the CIA agents involved in the torture did not question the legality or morality of those orders does not absolve them for responsibility.
We (the allied powers) did not accept this as an excuse for Nazi criminals tried at Nuremberg at the end of WW2 so we cannot accept it now.
(via terryblakey)
The problem is explained pretty well by The Anonymous Liberal (the whole thing is worth a read):
These CIA agents were not only ordered to do what they did, they were advised by the OLC—the ultimate arbiter of law within the executive branch—that what they were being ordered to do was not torture.
At the end he makes an excellent point:
It occurred to me as a I read this over that perhaps what this whole episode exposes more than anything is that there is a major structural flaw in our system. Perhaps we need to create some new, more independent body to fill the role that the OLC has traditionally played.
The folks I’m really interested in seeing prosecuted are the bastards who authorized and made twisted legal arguments for torture. John Yoo should never feel the warm Sun on his face again.
Posted on April 17, 2009 via Squashed
Source: squashed