Scott Horton's, "Justice After Bush," now online

harper s 1208

I. The Crimes

Americans may wish to avoid what is necessary. We may believe that concerns about presidential lawbreaking are naive. That all presidents commit crimes. We may pretend that George W. Bush and his senior officers could not have committed crimes significantly worse than those of their predecessors. We may fear what it would mean to acknowledge such crimes, much less to punish them. But avoiding this task, simply “moving on,” is not possible.

This administration did more than commit crimes. It waged war against the law itself. It transformed the Justice Department into a vehicle for voter suppression, and it also summarily dismissed the U.S. attorneys who attempted to investigate its wrongdoing. It issued wartime contracts to substandard vendors with inside connections, and it also defunded efforts to police their performance. It spied on church groups and political protesters, and it also introduced a sweeping surveillance program that was so clearly illegal that virtually the entire senior echelon of the Justice Department threatened to (but did not in fact) tender their resignations over it. It waged an illegal and disastrous war, and it did so by falsely representing to Congress and to the American public nearly every piece of intelligence it had on Iraq. And through it all, as if to underscore its contempt for any authority but its own, the administration issued more than a hundred carefully crafted “signing statements” that raised pervasive doubt about whether the president would even accede to bills that he himself had signed into law.

No prior administration has been so systematically or so brazenly lawless. Yet it is no simple matter to prosecute a former president or his senior officers. There is no precedent for such a prosecution, and even if there was, the very breadth and audacity of the administration’s activities would make the process so complex as to defy systems of justice far less fragmented than our own. But that only means choices must be made. Indeed, in weighing the enormity of the administration’s transgressions against the realistic prospect of justice, it is possible to determine not only the crime that calls most clearly for prosecution but also the crime that is most likely to be successfully prosecuted. In both cases, that crime is torture.

[full article]

"The first thing that happens is extraordinary hallucinations akin to mescaline," explained McCoy. "I mean extreme hallucinations" of sight and sound. It is followed, in some cases within just two days, by what McCoy called a "breakdown akin to psychosis."

47 year old white male detainee died while in US custody. Cause of death: Blunt Force Injuries and Asphyxia; Manner of Death: Homicide. Autopsy revealed deep bruising of the chest wall, numerous displaced rib fractures, bruising on the lungs, hemorrhage into the mesentery of the small and large intestine. Examination of the neck structures revealed hemorrhage into the strap muscles and fractures of the thyroid cartilage and hyoid bone. History of asphyxia, secondary to occlusion of the oral airway. Pleural and pulmonary adhesions. Hypertensive cardiovascular disease. According to report provided by the US army CID, the detainee was shackled to the top of a doorframe with a gag in his mouth at the time he lost consciousness and became pulseless. The severe blunt force injuries, the hanging position, and the obstruction of the oral cavity with a gag contributed to this individual's death. DOD 00329 refers to this case as "gagged in standing restraint" DOD 003329 refers to this case as "1 blunt force trama and choking; gagged in standing restraint." DOD 003324 refers to this case with a note indicating "Q[uestioned] by OGA [Other Governmental Agency - non-military, often refers to CIA], gagged in standing restraint."

. . . 112 cases of death of detainees in United States custody (105 in Iraq, 7 in Afghanistan) during the period from 2002 to early 2005 were identified. Homicide accounted for the largest number of deaths (43) . . .

"Medical Investigations of Homicides of Prisoners of War in Iraq and Afghanistan," by Steven Miles, MD

"Command's Responsibility: Detainee Deaths in U.S. Custody in Iraq and Afghanistan," by Human Rights First

"Homicide Unpunished," a Washington Post Editorial

ONE OF THE most shocking photographs from the Abu Ghraib prison in Iraq shows a grinning guard giving a thumbs-up sign over the bruised corpse of an Iraqi detainee. Subsequent investigation showed that the deceased prisoner, an Iraqi named Manadel al-Jamadi, died of asphyxiation on Nov. 4, 2003: He was tortured to death by Navy SEAL and CIA interrogators who took turns punching and kicking him, then handcuffed his arms behind his back and shackled them to a window five feet above the floor.

"Murder's torture," Lawrence Wilkerson, a retired Army colonel and former Colin Powell aide, says . . . "Murder's the ultimate torture."

The policies which the Senate Armed Services Committee [in their recent report] unanimously concludes were authorized by Bush, Rumsfeld and several other top Bush officials did not merely lead to "abuse" and humiliating treatment, but are directly -- and unquestionably -- responsible for numerous detainee murders.

How often in our nation’s history has a Congressional Committee published a report which concludes that the President is essentially guilty of war crimes? Only once. It happened last week with the release of the Senate Armed Services Committee report on prisoner abuse. Put a sharper point on it: war crimes that produce the death of a detainee are punishable with the death sentence. And in this case we now have more than one hundred deaths potentially linkable to detainee abuse, linked to the President. Yet to the American mainstream media, which has made virtually no effort to comprehend the report, it was a non-event.