One Step Backward, Two Steps Forward! Obama Does the Right Thing

So, Obama released the torture memos, unredacted.

On the one hand, I'm impressed. I'm sure that Obama faced enormous pressure from senior intelligence officials to redact information about the specific techniques authorized by the memoranda. In refusing to to so, Obama closed the loop of accountability around Bush administration officials. We'll undoubtedly learn that the specific techniques authorized by the Bush Administration match the interrogation actions taken by CIA officials, as these are described in the confidential report by the International Red Cross.

Then we'll have game, set, and match. There will be no remaining doubt that we were governed by war criminals. The only question will be, what do we do about it?

On the other hand, the fact that I'm inclined to praise President Obama for these actions tells me that our political system is seriously damaged. First, to pacify our own CIA, Obama had to promise not to prosecute the men and women who carried out the torture. That decision is ILLEGAL under the Convention on Torture. The U.S. has no prosecutorial discretion not to investigate and prosecute when there is credible evidence of torture. Moreover, the excuse that a person was acting on orders given by higher officials is expressly precluded as a defense to prosecution under the convention.

Second, the mere fact that there was even a question as to whether Obama should and/or would release these memos is astonishing. Those documents did not contain intelligence information or other legitimately classified materials. They were LEGAL DETERMINATIONS by the Office of legal Counsel specifying what our law allowed. They were, in effect, SECRET LAWS. Allowing the executive branch of our government to operate under secret laws that it creates for itself is about as undemocratic and tyrannical an arrangement as there can be.

Third, in a healthy democracy, the citizens would have demanded the memos. I suppose that, by electing Obama, the citizens kind of did so (in an indirect way). But I'm pretty sure that most of our citizens would either have been delighted that Obama redacted the technique information ( e.g. the hard core 30% who supported Bush to the bitter end), or have accepted it out of a deep trust in Obama. That fact really scares the hell out of me!

Fourth, I am very disappointed that Obama continues to argue that we should "look forward and not backward." Aside from the absurdity of refusing to prosecute because the crimes occurred in the past, our honor and decency as a nation are at stake. Bush administration officials tortured in our name, and on our behalf. We elected and relected them. Are we now going to tell the world that protecting our criminal leaders is more important than honoring our commitments to other nations, particularly when the commitments implicate basic human decency?

God I hope not.

This doesn't excuse Obama's position on the State Secrets privilege, but it is an important step in the right direction.

Joe H