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My Letter to President Obama & Congress Re Torture Under the Bush Administration April 24, 2009

Posted by Suzanne Robinson in politics.
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9 comments

Dear President Obama and Members of Congress:

It is the legal duty of our Justice Department to investigate serious allegations of torture, to prosecute ALL those reasonably suspected of such atrocities, and to punish those who are found responsible.  And it is your duty, as our leaders, to encourage, not hinder, such an investigation.  President Obama’s statement that ‘this is a time for reflection, not retribution’ is a statement that, in my mind, does not pass muster. For, bringing criminals to trial is not retribution, rather it is justice.   The legitimacy of our criminal justice system rests on the principle that NO American is above the law. President Obama’s rational for neglecting the duty to launch an investigation, here, is not one he or any other well-trained lawyer would ever use toward an ordinary citizen believed to have committed heinous crimes, and I believe that he is seriously misguided and disingenuous to use it as a rationale for neglecting his duty to uphold the laws of our country in this instance.

In making this statement, you, President Obama, make a mockery of our criminal justice system which is in place to seek and bring  justice and, thereby, to negate the need for wronged individuals to seek retribution.   In promising  justice to all, it serves to discourage and, where necessary, to  punish retribution.

Further, if we are to be, and be seen as, a just country, it is imperative that we investigate ALL charges of illegality regardless of the social standing or power of the accused. To do otherwise brings disgrace on you as our leaders, brings the disdain of the world upon us, and undermines our belief in the fairness of our justice system.

Moreover, we would not tolerate such a statement on behalf of other world leaders, particularly if their countrymen had tortured Americans.  Rather, we would demand that those who refused to meet their duty to see that justice was done be themselves prosecuted for their neglect.

As an American citizen, an American trained lawyer and one of your supporters, President Obama, I fully and completely reject your exceptionally flawed reasoning here.  You are abdicating responsibility and furthering the idea of American exceptionalism.  I am utterly shocked and dismayed that would ever utter such a statement.

According to the recently released bipartisan Senate Armed Services Committee report, the Office of Legal Counsel under President George W. Bush distorted the meaning and the intent of our anti-torture laws.  The administration then went out of its way to rationalize the abuse of detainees in U.S. custody.  Because substantial evidence exists, it is your duty to see that an investigation of these allegations is made.

I agree with Amnesty International that our leaders must ‘establish and support a non-partisan, independent commission of distinguished Americans to investigate this matter.’  This commission must examine Bush Administration actions and policies regarding  the detention, treatment and transfer of detainees after the 9/11 attacks.  It must also deeply consider the consequences of those actions and policies and provide a comprehensive report on its findings and its recommendations for making future policy in this area.  I agree, too, that this commission must be ‘independent, backed by the full force of law, and adequately funded.’  Do not forget that it is our government’s  legal obligation to uphold the laws of our nation and to prosecute grave breaches of the Geneva Conventions.

Finally, I reiterate Amnesty International’s request that President Obama’s Administration make public all relevant policy memos that argued for, documented, and/or established the basis for detainee treatment, including their subjection to coercive interrogation techniques under the  Bush administration.  In order to fulfill your promise of transparency in government, President Obama, you must see to it that the truth is made known about the abuses that were committed in our names.  We have the right to know.

Sincerely,

Suzanne Robinson

Below, I add a partial response I made to one of our readers:

Your comment regarding your desire to see those who sanctioned waterboarding receive a little of their own medicine is so poignant because there are many Americans who share your sentiment – that those who were culpable should experience that which they had a hand in bringing upon others. That’s why I find another statement made by President Obama – that it is time for us to move on, to heal – so entirely maddening and, frankly, more than a bit frightening.

Moving on – in a way that is healthy for our country, for democracy, for our peace of mind – necessarily includes the regaining of some sense of right and wrong, some sense of a limit to otherwise unchecked and dangerous power.

While no one can undo what has been done, our government can and, I think, must demonstrate for us and for the world that in America these atrocities do not go unanswered. It is only then, I think, that we may truly heal. It is only then that we can move on with any faith that our government will, acting on our behalves, uphold our values and our laws.

For me, one bottom line is this. If a democratically elected government does not meet this duty to its citizens – the duty to severely punish torture at the hands of those entrusted with the power of public office – we are left with nothing but to live in fear of our government.

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