Monday, February 22, 2010

Our Official Posture Towards the World

I haven't been writing much lately (except legal memoranda in a big construction case we've been arbitrating for over a month). I've also not responded much to comments, which will change later this week when the arbitration takes a short break.

But I did take the time to read the report from the Office of Professional Responsibility regarding the legal work of John Yoo and Jay Bybee in the famous "Torture Memos." Far from exonerating these men (as some people are claiming), the report excoriates their legal work and concludes that "it is a close call" as to whether Yoo and Bybee intentionally misstated the law - as opposed to merely being lead astray by their sincerely held extremist views on executive power. You can read the report here.

After reading the report, Glen Greenwald summarized the United States' posture towards the rest of the world, based on this report in combination with the Obama's continued refusal to prosecute, as follows:

"Yes, we implemented a worldwide torture regime that we justified with lawyers' memoranda that were false, wrong, shoddy, lawless, sloppy and extremist, but because those lawyers were such warped radicals, they probably believed what they were saying at the time, so we're going to declare that we had the right to do what we did and are shielded from all consequences, even though we've signed treaties agreeing to prosecute anyone who authorizes torture and constantly demand that other nations prosecute their own torturers. Besides, we have important things to do and so we want to look forward, not backward."

I'd add only " . . . and the horse you rode in on!"

Joe H.

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