The Dark Side: Truth or Consequences?

Katherine Tiedemann — Tue, 15 Jul 2008 19:20:00 -0400

During Jane Mayer's event today at New America promoting her penetrating new book, The Dark Side, a topic came up during the Q & A that I'd like to expand on--the possibility of establishing a truth commission for the Bush administration's transgressions. The idea has been getting some play recently, both from Nick Kristof in the NYT and scattered across some lefty blogs (a funny parody here, another suggestion here). The South African Truth and Reconciliation Commission is generally held up as the model for such bodies, which don't have formal judicial power but instead serve primarily as instruments for the discovery of past wrongdoings by governments.

So far, when each instance of misconduct has been revealed -- from the destruction of CIA interrogation tapes and waterboarding to extraordinary renditions and habeas-corpus-free detention of prisoners at Guantanamo -- individual solutions have been sought and some individual actors have been put forth to be held accountable. But this approach is piecemeal at best and does not get at the connective tissue and the systematization of abuses.

A truth commission, however, would provide a more holistic approach to the violations that have been committed or ordered by individuals and agencies within the government. A commission would serve as an opportunity to look back and expose where the administration started to go wrong in its decision-making process; allow those whose rights have been violated to be heard; and give Americans on the whole a chance to cleanse our national conscience--and our image abroad.

This really cannot be done by journalists alone. Jane Mayer commented today that she has "subpoena envy" as a reporter and often has to beg for documents; a truth commission would bypass this poverty of access because it would have the power to subpoena relevant individuals and organizations for their testimonies and records.

And there is still much to be uncovered. Although Mayer's new book and other writings provide important details about the different programs the Bush administration instituted in the panicky atmosphere in the aftermath of September 11, she herself is the first to admit that there is still much that is unknown. Of particular interest to Mayer is the role of physicians and psychiatrists in interrogation -- she recounts instances in her book, and in this interview with Scott Horton of Harper's, of doctors being present or at the ready during the euphemistically titled "harsh interrogations" and wonders, as I do, who these doctors are and should they be permitted the keep their licenses, having flagrantly broken the Hippocratic oath.

Not everyone agrees, of course. One prominent argument against establishing a truth commission for the Bush administration is, according to Mayer, the country's lack of political will to prosecute officials who could claim they were defending Americans against an existential threat. But with today's release of the first video from Guantanamo added to many previously disclosed examples of prisoner abuse, the time has long come to stop this abhorrent institutionalization of maltreatment of those in our custody. September 11 should not have given the government a carte blanche to warrantless wiretap, reinterpret the Constitution according to David Addington, and expand the powers of the presidency beyond Nixonian levels. Surely a truth commission would go at least part of the way toward righting the laundry list of wrongs that have been carried out in the name of national security over the last seven years.

After Torture and Militarization: Accountability and Reform

Patrick Doherty — Fri, 09 May 2008 17:52:00 -0400

Because of Philippe Sands, a London-based international criminal lawyer and professor, American wheels of justice have begun to grind in the direction of the nation's most senior lawyers; the men who designed and then covered up the legal authorization for the use of torture by the U.S. Military. After testifying on Capitol Hill to Rep. John Conyers' House Judiciary Committee, Philippe Sands joined Col. Lawrence Wilkerson (ret.) and me to explain, examine and discuss what exactly happened, and the burgeoning case against the lawyers for Secretary of State Don Rumsfeld, Vice President Dick Cheney, CIA Director George Tenet, and President George W. Bush.

Drawing from his recently-released book, Torture Team, and his article in this month's issue of Vanity Fair, Philippe revealed a powerful indictment of the actions of the White House from 2001-2006. For the full event video, click here.

Ultimately, however, the question of accountability for these actions, which Supreme Court Justice Kennedy wrote may amount to "war crimes," in his 2006 concurring Hamdan opinion, must be complemented with a robust new committment to stregthen the American system against future perversions of America's considerable power.

Col. Wilkerson, in his remarks, discussed one such option that would restore balance within America's national security architecture . In short, he would promote the Assistant Secretaries of State for each region of the world to Under Secretary of State, send them out of Foggy Bottom and into the field and then make the regional combattant commander, (CENTCOM, SOUTHCOM, PACOM, etc.) report to the Under Secretary of State for that region. Col. Wilkerson, of course, makes the point more eloquently: