I think we ain’t, but it looks like we’ll know soon enough, because the leak even I could see coming is here:
A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn’t constitute torture.
The report also found that the spy agency failed to keep an accurate account of the number of individuals it held, and that it issued erroneous claims about how many it detained and subjected to the controversial interrogation methods. The CIA has said that about 30 detainees underwent the so-called enhanced interrogation techniques.
The CIA’s claim “is BS,” said a former U.S. official familiar with evidence underpinning the report, who asked not to be identified because the matter is still classified. “They are trying to minimize the damage. They are trying to say it was a very targeted program, but that’s not the case.”
The findings are among the report’s 20 main conclusions. Taken together, they paint a picture of an intelligence agency that seemed intent on evading or misleading nearly all of its oversight mechanisms throughout the program, which was launched under the Bush administration after the Sept. 11, 2001, attacks and ran until 2006.
Some of the report’s other conclusions, which were obtained by McClatchy, include:
_ The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters.
_ The agency impeded effective White House oversight and decision-making regarding the program.
_ The CIA actively evaded or impeded congressional oversight of the program.
_ The agency hindered oversight of the program by its own Inspector General’s Office.
So, in plain English:
- The CIA tortured people — some of whom died of it, remember — in violation not only of international and U.S. law but also in violation of the flimsy, themselves-illegal guidelines set up by the Justice Department.
- The CIA lied to the White House and Congress, obstructing their oversight, which is duly required by Constitution and statute.
- The CIA lied to its own inspector general.
So CIA personnel ordered and committed hanging offenses and lied to everybody about it. That’s the bottom line, folks. All the rest is sound and fury signifying nothing.
Let’s be very clear about what needs to happen here:
- The people who actually carried out the crimes must be charged and tried, but so must the people who ordered them and the people who lied about them.
- If anyone carried out or ordered torture that resulted in death, that individual is subject to the death penalty. As a tough-on-crime conservative, I can sleep soundly knowing that.
- If anyone used the classification process to try to hide evidence of a crime, he should be criminally prosecuted for that offense.
- If anyone then or now in a Senate-confirmable position carried out or ordered a crime, he should be impeached and convicted, thereby to revoke his pension and any other benefits of having served in the federal government.
If these things do not happen, then we are not a nation under the rule of law, plain and simple. I wish I could say that we are, but experience suggests that nothing will happen.
So let’s do ourselves a favor. Let’s put paid, once and for all, to this notion of American exceptionalism. We are not special. We are not a shining city on a hill. We are not a Christian nation in any way that Christ Himself would recognize. We are not even, to judge by both legal standards and OECD measures for quality of life, a particularly good example.
It is tempting to say that we are governed by a parliament of whores, but to do so would insult whores, who generally are not nearly as hypocritical about what they do as our leaders are. We are a plutocracy, an oligarchy, an outlaw nation, and the only differences between our genocide and that of the Nazis is that ours was less recent and less efficient. Indeed, it was ironic for me to read tonight on Facebook about my friend Rabbi Fred Guttman honoring the congressional service of my friend Howard Coble, when Coble, a former federal prosecutor, did nothing to stop precisely the kind of behavior on the part of Americans that got Nazis hanged at Nuremberg.
I’d love to be proved wrong on this. I really, really would. But if it hasn’t happened by now, it ain’t gonna. And Americans need to understand that and to plan their futures accordingly.