This was first posted on April 21, 2009.
Obama on show trials of CIA employees:
Mr. Obama, who has been saying that the nation should look ahead rather than focusing on the past, said he is “not suggesting” that a commission be established.
But in response to questions from reporters in the Oval Office, he said, “if and when there needs to be a further accounting,” he hoped that Congress would examine ways to obtain one “in a bipartisan fashion,” from people who are independent and therefore can build credibility with the public.
The horror.
I’d like to say this is fundamentally a dodge. It is a dodge — he wants to look ahead, not back, he’s not suggesting, he’s leaving doors open… it is a dodge, and frankly a contemptible one.
But fundamentally it is not a dodge. Fundamentally it is something much more horrible. It is the process by which the United States takes on a practice associated with tyrannies and, far from being an endorsement of the rule of law, elevates the assumption to power to the ability to punish the previous regime for “incorrect” — and hence “criminal” — policies.
It is no different from the argument about the supposedly inevitable impeachment of ex-President Bush, also based on supposed crimes arising from torture. As I wrote on a private list, made up mainly of attorneys, discussing that topic (adapted here), there is a tendency among certain people, and in particular those attracted to a certain pole in political debate, to regard their political choices or philosophical conclusions as the sole “moral” choice. In fact, (a) criminalization of political disagreement, (2) the use of penal power to punish players in the previous regime, and (3) the adaptation of legislative bodies as proxies to loose the necessary political “justice” when the traditional judicial organs refuse to comply, have historically been popular options for playing out this partisan outrage and sating the desire for “moral” vindication on the politically deviant.
Just not in this country. Read the rest of this entry »














