That the White House authorised ‘waterboarding’ is disturbing. But that no one in mainstream US politics seems to care is worse
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- Andy Worthington | guardian.co.uk, Thursday October 16 2008
The revelation, in yesterday’s Washington Post, that the Bush administration “issued a pair of secret memos to the CIA in 2003 and 2004 that explicitly endorsed the agency’s use of interrogation techniques such as waterboarding against al-Qaida suspects” will increase calls for the administration to be held to account for its actions.
It is unlikely, though, that this revelation will lead to significant activity, beyond adding more voices to grassroots impeachment campaigns in the United States – although it may lead to a strengthening of plans in various European countries to indict senior officials for war crimes. As law professor Scott Horton explained in June, the best that opponents of the regime can hope for is that the “Bush administration officials who pushed torture will need to be careful about their travel plans.”
The problem for all parties concerned is that the administration itself still refuses to concede that it has engaged in torture, and is being allowed to get away with it in the two places where opposition could really count: the Senate and the House of Representatives. Rather than pursuing senior officials, house Democrat leader Nancy Pelosi declared that impeachment was “off the table” after the Democrats gained a majority in the House of Representatives two years ago. A month earlier, politicians had endorsed the executive’s attempts to shield itself and its employees from any liability for their actions by passing the Military Commissions Act, parts of which were clearly intended to exempt US officials from being prosecuted for war crimes.
Freed from direct challenges, the administration has, instead, attempted to stifle all mention of torture in its dealings with prisoners seized in the “war on terror”.
A case in point is the British resident Binyam Mohamed. According to his lawyers at the legal action charity Reprieve, Mr Mohamed, who was seized in Pakistan in April 2002, was sent to Morocco by the CIA (before the agency brought torture “in-house”), where proxy torturers extracted a number of false confessions from him. As a result, he was accused of plotting to detonate a radioactive “dirty bomb” in a US city, and was put forward for trial by military commission at Guantánamo.
However, just last week, when a judge in Washington, DC finally had the opportunity to review his case, the US justice department chose to drop the charges relating to the “bomb plot” rather than pursue them, presumably because senior officials were aware that the entire trail of decision-making as to why Mr Mohamed was rendered to Morocco led to the highest levels of government, and to the kinds of discussions between the CIA and senior officials – including Vice President Dick Cheney and defence secretary Donald Rumsfeld – that were discussed in yesterday’s article in the Washington Post.
Even so, Mr Mohamed may still face the same charges in a trial by military commission, because the defence department, safe from judicial scrutiny, still believes that it can pursue prosecutions in a system that is so rigged that, when one of the prosecutors, Lt Col Darrel Vandeveld, resigned two weeks ago, he expressed his profound doubts that the system was “capable of delivering justice”.
The fact that some of these cases – like that of Mr Mohamed – involve the alleged use of extraordinary rendition and torture by or on behalf of the CIA only serves to confirm that even confirmed critics and opponents of the administration’s detention and interrogation policies in the “war on terror” are a long way from holding senior officials to account. Perhaps the greatest shame, however, is that out on the campaign trail, where these issues ought to count for something, they are not being mentioned at all.
Peaceful dissidents continue to be locked up for speaking out, while convicted criminals get amnesty. Apparently the government considers reform advocates a greater danger to their authority. 
War Hero or War Criminal?
October 17, 2008McCain and Rolling Thunder
By Robert Richter | Information Clearing House, Oct 16, 2008
As character assassination attacks on Sen. Barack Obama have now taken over Sen. John McCain’s campaign, and because McCain cites his military experience as of prime importance, now is the time to focus closer attention on a facet of the Arizona Senator’s own character. This is related to his 23 combat missions for Operation Rolling Thunder – the Pentagon’s name for U.S. bombing of North Vietnam.
I will never forget how stunned I was when Gen. Telford Taylor, a chief U.S. prosecutor at the Nuremberg trials after World War Two, told me that he strongly supported the idea of trying the U.S. pilots captured in North Vietnam as war criminals – and that he would be proud to lead in their prosecution.
An ardent opponent of the Vietnam conflict, Taylor spoke with me in the fall of 1966 when I was looking into producing a documentary on this controversy for CBS News, where I was their National Political Editor. While he did not mention any pilot’s name, then U.S. Navy Lieut. Commander John McCain who was captured a year later, would have been among the group Taylor wanted to prosecute.
Why would anyone have wanted to prosecute McCain and the other captured pilots? Taylor’s argument was that their actions were in violation of the Geneva conventions that specifically forbid indiscriminate bombing that could cause incidental loss of civilian life or damage to civilian objects. Adding to the Geneva code, he noted, was the decision at the Nuremberg trials after World War Two: military personnel cannot defend themselves against such a charge with a claim that they were simply following orders.
There were questions raised about whether the Geneva conventions applied to the pilots, since there had been no formal declaration of war by the U.S. against the Hanoi regime – and the Geneva rules presumably are only in force in a “declared” war.
Anti-war critics at the time claimed that despite the Pentagon’s assertion that only military targets were bombed, U.S. pilots also had bombed hospitals and other civilian targets, a charge that turned out to be correct and was confirmed by the New York Times’ chief foreign correspondent, Harrison Salisbury.
In late 1966 Salisbury described the widespread devastation of civilian neighborhoods around Hanoi by American bombs: “Bomb damage…extends over an area of probably a mile or so on both sides of the highway…small villages and hamlets along the route [were] almost obliterated.” U.S. Secretary of Defense Robert McNamara conceded some years later that more than a million deaths and injuries occurred in northern Vietnam each year from 1965 to 1968, as a result of the 800 tons of bombs a day dropped by our pilots.
In one of his autobiographies McCain wrote that he was going to bomb a power station in “a heavily populated part of Hanoi” when he was shot down.
If Gen. Taylor tried McCain, would he have defended himself as “just following orders” despite the Geneva conventions barring that kind of bombing and the Nuremberg principles negating “just following orders?“
The targets McCain and his fellow pilots actually bombed in Vietnam and his justification then or now for the actions that led to his capture, are no longer simply old news. They are part of what must be taken into account today, as voters weigh support for him or Obama to be the next President of the United States.
This is not about the hugely unpopular war in Vietnam. It is about the character of a man who seeks to be U.S. President, who perhaps was not simply a brave warrior, but a warrior who by his own admission, bombed and was ready to bomb targets in violation of the Geneva conventions and Nuremberg principles.
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When I passed along Gen. Taylor’s comments to my network superiors the program was scrapped: too hot to handle. Instead Air War Over the North was telecast, about “precision bombing” North Vietnam military targets by U.S. pilots. A few years after that broadcast, a Pentagon public information executive gleefully told Roger Mudd in The Selling of the Pentagon that he, the Pentagon official, not only had persuaded CBS to produce Air War Over the North, he even chose those to be interviewed and coached them about what they should say. This unethical collaboration and intercession by the Pentagon in the news media is sadly all too familiar a tactic repeated in the Bush-Cheney years.
Robert Richter was political director for CBS News from 1965 to 1968.
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Tags:bombing missions and targets, General Telford Taylor, North Vietnam, Operation Rolling Thunder, Pentagon, Sen. Barack Obama, Sen. John McCain, United States, violations of Geneva Conventions, war crimes
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