The Central Intelligence Agency said Thursday that it would decommission the secret overseas prisons where it subjected Al Qaeda prisoners to brutal interrogation methods, bringing to a symbolic close the most controversial counterterrorism program of the Bush administration.
But in a statement to employees, the agency’s director, Leon E. Panetta, said agency officers who worked in the program “should not be investigated [emphasis added], let alone punished” because the Justice Department under President George W. Bush had declared their actions legal.
It is very important that the government assures us that they will not directly aid and abet torture and other crimes. But, promising not to let's say rape again (torture and death probably worse than even that horrible crime) is not enough. Many tend to also want us to investigate (not only rely on the say-so of the people who told the people to rape) and (I know this is extreme) perhaps even penalize the people involved. But, even investigating is too much for this crew. And, obviously, the people who gave the orders won't be targeted either. Or, so the Administration hopes or acts in a way that implies that.
Joanne Mariner, the director of the terrorism and counterterrorism program at Human Rights Watch, said the closing of the C.I.A. prisons was “incredibly heartening and important.” But she said that a criminal investigation of the C.I.A. interrogation program was nonetheless necessary, and she expressed concern that Mr. Panetta had not made clear what evidence the C.I.A. would need to detain a suspect.
And, if he did so in a blatantly corrupt way (helped by secrecy and misleading), the people can just follow orders, and no one will be harmed. Except for the people seized and mistreated. But, they don't matter, correct? As long as all is well in the future, looking to the past is silly. In fact, those who insist to do just that are actually kinda dense. You get that feeling sometimes in the tone Obama or his ilk takes when something like this is raised. And, it is sorta annoying.
The "investigation" part is particularly offensive. Clearly, we are left to congressional oversight, and congressional and public pressure for real investigation in this and related matters. The public does seem to favor it in some fashion (how deeply?), and it tends to be on the side of justice too. FWIW.* [Update]
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* Eugene Robinson, a semi-regular commentator on Keith's show, has an op-ed today that provides an alternative view from the administration. Some details of what was involved via the now infamous Red Cross report (btw, one blowback here is that governments might trust the Red Cross less, fearing secrecy will no longer be strictly kept) suggest why:
Three of the detainees reported being subjected to suffocation by water -- the torture known as waterboarding. ...
Ten of the detainees said they were forced to stand in an excruciatingly painful position for days at a time, with their hands chained to a bar above their heads. If you don't believe that's torture, try it -- and see if you last five minutes. One detainee, Walid Bin Attash, had an artificial leg, which he said his CIA jailers sometimes removed to make the "stress standing position" more agonizing.
Nine of the men said they were subjected to daily beatings in the first weeks of their detention.
Recall, "just following orders" is not a defense to the treaty we signed against torture. Also, a member of the military will not get away with that when held to follow a clearly illegal order (and the Obama Administration agrees it is clear that waterboarding is torture). So, why in the hell should even "investigations" not be held by some group not tainted by Bush Administration influences? I guess, as seen by the state secrets context, this would not include the OA anyway.
The op-ed also provides an interesting tidbit that some of this was "probably [done at] the prison facility at the U.S.-run Bagram air base north of Kabul." If so, it underlines the value of a D.C. district court ruling holding that there are some habeas protections for those detained there, particularly those seized elsewhere and are not Afghan citizens.