What matters – and the law is crystal clear about this – is that torture and anything even close to torture be prosecuted aggressively. This is true especially when a government is claiming urgent national security in defense of its own crimes. The laws specifically rule out any defense on those grounds. So either we are a republic governed by the rule of law or we are not. Yes, there is discretion as to whether to prosecute any crime. But war crimes are the gravest on the books and have no statute of limitations. Prosecuting them is integral to adherence to Geneva, which itself is integral to the maintenance of the rule of law and of Western civilization itself. Either we set up a Truth Commission and find a way to pardon the war criminals, while establishing their guilt – which would at least give a brief nod to the rule of law. Or we have to take this report and the Senate Intelligence Committee’s findings as a basis for legal action for war crimes.
April 16, 2013 at 4:22 PM EDT