Thursday, May 07, 2009

Chait on Torture

Jonathan Chait has a fine short essay up on TNR's site about the political battle lines that have been drawn over the Bush Administration's torture policies. Maybe you already agree with everything he says, but he puts it very well.

Here's how it begins:

Remember the Rule of Law? In the late 1990s, it was all the rage in conservative circles. Having maneuvered Bill Clinton into a position where he could either lie under oath or suffer massive personal and political embarrassment, conservatives reasoned that Clinton must be held accountable for perjury or the basic underpinnings of democracy would be shattered. The Republican sensibility was best reflected by the Wall Street Journal editorial page, which not only crusaded for impeachment but demanded, in 2001, that Bill Clinton be indicted even after leaving office. The Journal rejected the logic of promoting healing and insisted that a post-presidency indictment would uphold "the principle that even Presidents and ex-Presidents are not above the law."

Over the last decade, though, the right's thinking on this question has evolved. Today, the administration malfeasance consists of illegal torture, a crime I'd argue is no less serious than lying under oath about fellatio. Yet Republicans now believe that the Rule of Law is not only consistent with letting administration crimes go unpunished but actually requires it. To prosecute the departed administration would make us (to use their new catchphrase) a "banana republic"--the premise being that banana republics are defined not by their use of torture but by their overly zealous enforcement of anti-torture laws.

The GOP line is once again reflected by the Journal editorial page, which now thunders against "a new Administration prosecuting its predecessor for policy disagreements." The editorial notably fails to even address the question of whether the previous administration complied with the law, which is apparently no longer an important element of the Rule of Law.

The right's newfound outrage is a more hysterical manifestation of the mainstream sentiment that it would be an unseemly form of vengeance or "looking backward" to hold the previous administration legally accountable for torture. It's a bizarre sentiment. The prosecution of any crime is inherently backward-looking. We prosecute law-breakers to keep them or others from breaking the law.

There's also a brief video at the same link that's worth watching. I'd have embedded it here, but TNR does not seem to allow that.

Hat tip for the link to pampl, who said after recommending it:

I found it to be pretty incisive. I was a little skeptical towards prosecution before but I've become convinced that, in principle, it'd be the right thing to do.

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