Even as the issue of torture appears likely to burst back onto the public agenda next week — thanks to the much anticipated release of an internal CIA report — one of the most progressive voices in Congress is arguing that the Obama White House has a legal obligation to investigate the Bush torture legacy.
New York Congressman Jerry Nadler, a senior Democrat on the House Judiciary Committee, told the Huffington Post that he believed that President Obama would be breaking the law if he decided to oppose launching investigation into the authorization of torture.
“If they follow the law they have no choice,” Nadler said in an interview this past weekend.
The logic, for Nadler, is straightforward. As a signatory of the convention against torture, and as a result of the anti-torture act of 1996, the United States government is obligated to investigate accusations of torture when they occur in its jurisdiction.
The alternative, Nadler said, “would be violating the law. They would be not upholding the law; they would be violating it.”
Nadler said that a special prosecutor should handle the task, because some of the likely subjects of such an investigation worked in the Justice Department. “There is an inherent conflict interest,” said Nadler,” which is why you must appoint a special prosecutor. But, again, you have no choice because that’s the law.”
Respected by his colleagues as one of the sharpest legal minds in Congress, Nadler has taken a leading role in pushing the Obama administration to investigate its predecessor. Beyond the legal requirements, he argues that there is a moral and political imperative – lest the precedent be set that potential illegalities go un-probed. In recent weeks, Attorney General Eric Holder has hinted that he would support a special prosecutor to look into the narrow issue of whether some interrogators exceeded their instructions. But Nadler is far from satisfied with what he’s seeing from DOJ.
“[Holder] was strongly inclined to support a special prosecutor,” he said. “But not for the lawyers who wrote the memos justifying the torture, and not for anybody who acted within the scope of those memos; only for some local level guy who acted beyond the scope of those memos, who waterboarded with too much water or whatever.”
“You must not limit it that way,” he added. “Again it would be against the law to do it because you have got to investigate everybody involved in torture or in a conspiracy to order torture.”
But Nadler is no dupe. He recognizes that this matter is complicated by politics. He says his major concern is not whether the Obama administration sees the legal rationale for such an investigation, but rather whether it has the political fortitude for tackling such a task.
“If you start prosecuting the Bush people,” Nadler said, “you know what is going to be said? What’s going to be said is, this is politically motivated payback for the Clinton impeachment. That is what they are going to say.”
“And you know that if you do this, there is going to be a tremendous pushback starting with Fox News and everywhere else,” he added, “not on the merits but on the political motivation of the Obama administration for vengeance… Who needs that? So from a political point of view it is the last thing you want to do. From a point of view of reestablishing justice in this country, it is essential.”

Lesson of Vietnam Lost in Afghanistan
August 22, 2009Truthdig, Aug 20, 2009
U.S. soldiers in 2007 search mountains in the Andar province of Afghanistan for Taliban members and weapons caches.
By Stanley Kutler
On Aug. 17, President Barack Obama made the obligatory presidential pilgrimage to the conclave of the Veterans of Foreign Wars, this time on Sen. John McCain’s home turf. The Phoenix speech, carried live on cable networks, captured a VFW audience often surly and seemingly uninterested in the president’s remarks. But at one point, he predictably brought even his recalcitrant audience to its feet when he made a pitch for his health care proposals: “One thing that reform won’t change is veterans’ health care. No one is going to take away your benefits. That’s the truth.” No doubt.
Away from the convention, the president and his spokespersons spent much of the day backing and filling on health care. Did he or didn’t he favor a public option? How much would “his” package (did he have one?) cost? And what about those “death panels”?
But for the VFW, Obama concentrated on the expanding war in Afghanistan—the war he now proudly asserts as his own. After in effect declaring victory in Iraq to justify the removal of American troops, Obama promised he now would “refocus” our efforts to “win” in Afghanistan. As Obama made abundantly clear in his presidential campaign, this was his war of choice, the one he consistently has said is necessary to eliminate al-Qaida, which had taken refuge in the desolate Afghan mountains.
During the campaign, he seemed at pains to demonstrate he was not the caricatured soft liberal when it came to American military power. Although Obama consistently has admitted, as he did before the VFW in Arizona, that military power alone will not be sufficient, he nevertheless has insisted that his “new strategy” has the clear mission “to disrupt, dismantle, and defeat al-Qaida.” Obama knows that defeat of the Taliban is essential to this strategy. “If left unchecked,” he has remarked, the Taliban insurgency will bring “an even larger safe haven from which al-Qaida would plot to kill more Americans.” It is not, he maintains, a “war of choice,” but “a war of necessity.”
In 1991, following the defeat of Saddam Hussein and Iraqi forces in Kuwait, President George H.W. Bush proudly announced that we had “kicked the Vietnam Syndrome.” His successor son, propelled by Dick Cheney and Donald Rumsfeld, heady with 2003’s lightning rout of Iraqi forces, believed he had restored the “can do” notions of World War II for the military component of American foreign policy.
The same day President Obama spoke to the VFW, The New York Times carried a dispatch from Afghanistan in which a villager talked about his security and the difference between night and day: “When you [the Americans] leave here, the Taliban will come at night and ask us why we were talking to you,” a villager named Abdul Razzaq said. “If we cooperate [with the U.S.], they would kill us.”
Déjà vu all over again. The U.S. military in Vietnam often announced it had killed a particular number of Viet Cong and had “freed” a village. The Americans left, assuming the enemy had lost control, but at night, of course, the VC returned and reminded villagers of the reality.
Whatever “syndrome” we kicked, Vietnam’s primary lesson remains intact: American power is not without limits, both in terms of defeating an enemy and in terms of its domestic support. The primary lesson of Vietnam seems to be that it is a lesson lost. And now we have some of the same intractable problems in Afghanistan.
Gen. Stanley McChrystal and Special Envoy Richard Holbrooke recently called Vietnam War historian Stanley Karnow for advice. After the conversation, Karnow told the AP that the main lesson to be learned from Vietnam was that “we shouldn’t have been there in the first place.” We apparently don’t know what was said on the other end in Karnow’s talk with the general and the envoy, but McChrystal has asked for more troops.
As Presidents John F. Kennedy and Lyndon B. Johnson expanded the American commitment in Vietnam, their deputies regularly insisted that the insurgency had Chinese support and backing. “Peiping,” as Secretary of State Dean Rusk said in blatantly demeaning the Chinese, was to blame. If the government had had any historians with the courage to speak truth to power, they would have pointed to a millennium of historical enmity between the Chinese and the Vietnamese. As if to prove the point, the Chinese launched war against the victorious Vietnamese in 1975, only to suffer an embarrassing defeat.
The historical lessons for Afghanistan are clear. The British readily acknowledge their defeat. Surely the Russians know that Afghanistan was their Vietnam—with some not-so-covert intervention by the CIA. Afghanistan has been a graveyard for imperial ambitions, however noble and ostensibly good the ventures may have been. Long after the Guns of Health Care Reform are stilled, Afghanistan apparently promises to be with President Obama—and us—for a very long time.
We thought we defeated the Taliban once before; and now it is back again. President Obama believes we must do more to roll back the Taliban. But what can we do with the ethnic and tribal rivalries, the corruption and inefficiency in Kabul, all of which are related to the place of the Taliban? Will the U.S. be able to destroy, everywhere in the country, the Taliban’s grip on power? Does anyone in Obama’s circle ask “why?”
We can ponder the alternative. If successful, the Taliban might offer “an even larger safe haven” for al-Qaida and similar groups. But now, without Taliban control of the Afghanistan government, “safe havens” persist in the mountains of the country and in the northwest provinces of Pakistan. The situation is not much different than it was in 2001, except that the safe area for terrorists may be smaller. But what is different is our intelligence, our use of it, our vigilance and our capacity to strike with sophisticated air weapons.
Americans are questioning the Afghanistan involvement as never before. A Washington Post-ABC Poll, published this week, for the first time showed a majority of Americans opposed to the war. Meanwhile, suicide bombings and other attacks mount in Kabul. U.S. troops can protect the citizenry only sporadically, and with limitations. But inevitably, Americans will ask how long we will remain in Afghanistan, how many troops will be needed, and whether the costs in lives and treasure justify the venture. As with the Viet Cong and the North Vietnamese army, chances of our destroying the Taliban are slight. Eventually, the Afghans—Taliban or otherwise—will inherit their land and have to assume responsibility for governing. We, like the British and the Russians before us, will fade into Afghanistan’s history.
Stanley Kutler is the author of “The Wars of Watergate” and other writings.
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Tags:Afghanistan, al-Qaida, Americans, “Vietnam Syndrome”, Barack Obama, health care, Iraq, Stanley Kutler, Viet Cong
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