washingtonpost.com
What Congress Should Do Next About Torture

Monday, November 5, 2007

The Nov. 2 editorial "Mr. Mukasey and Torture" said that senators should confirm Michael B. Mukasey as attorney general and "do something . . . they have so far declined to do: ban torture." But the Senate has banned torture.

Repeatedly. In 1955, the Senate unanimously approved the Geneva Conventions, banning torture. In 1990, the Senate unanimously approved the Conventions Against Torture, banning torture. In 1994, the Senate approved the Torture Act, banning torture.

The problem is not that the Senate has not banned torture. The problem is that President Bush, aided by a Justice Department run by torture apologists, violates those bans. This is why torture survivors oppose Mr. Mukasey's appointment: An attorney general who refuses to declare waterboarding illegal will not enforce the laws prohibiting torture.

The Post is correct that the Senate needs to pass legislation, but it recommend the wrong legislative fix. Several laws and treaties already declare torture illegal, but another law prevents prosecution for these crimes against humanity. If Congress is to restore this country's honor and guide us away from the torture chambers, Congress needs to repeal the Military Commissions Act of 2006.

TED STEIN

Communications Director

Torture Abolition and Survivors

Support Coalition

Washington

In what may be a reflection of the bankrupt state of the office of U.S. attorney general, The Post urged confirmation of Michael B. Mukasey apparently because he is not Alberto R. Gonzales. There are, as the editorial pointed out, "key differences" between the two men, but the fact that Mr. Mukasey looks better than our last attorney general is neither surprising nor sufficient.

The highest law enforcement officer in the land should be independent of the White House and willing to work with Congress. Mr. Mukasey should be judged on his own merits and rejected because, while he did not craft the policy of torture, he is unwilling to condemn it.

MARY PRICE

Silver Spring

View all comments that have been posted about this article.

© 2007 The Washington Post Company