Wednesday, October 15, 2008

Bush's Legacy

Scott Horton at Harper's nails it: Torture.

[Condoleezza] Rice wrote that she had concerns about whether the program was lawful and that she asked for Attorney General Ashcroft’s advice on this point. The report notes that the Criminal Division at [the Dept. of] Justice was asked to look into the question. This element of the report is significant for two reasons. First, it appears that a major part of this exercise was to involve the Criminal Division to get an “estoppel effect.” Policy makers could say they relied on the statements of the Criminal Division in undertaking the use of torture, and therefore the Criminal Division could not prosecute them. Second, the head of the Criminal Division at this time was Michael Chertoff and his senior deputy, who succeeded him, was Alice Fisher. Chertoff, appearing in connection with his appointment as Homeland Security secretary, brushed off accounts linking him to the introduction of the torture techniques. His testimony has been challenged repeatedly, and the new report is likely to fuel arguments that he misled Congress. Fisher likewise seems to be drawn ever-closer to the torture issue. Chertoff and Fisher appeared to have headed off a criminal investigation that the FBI launched into the introduction of torture practices at Guantánamo. And the current report appears to link them to the decision to introduce torture, suggesting that the criminal investigation may have come back to a focus on their own conduct. Clearly, in the Bush years the term “Criminal Division” took on a whole new meaning.
I agree. If it came down to one thing, torture would be it. No other issue has altered the basic makeup of the United States than Bush's explicit decision to move to the "dark side."

However, if McCain is elected (more and more unlikely) and his ignoramus of a vice president manages to survive to the inauguration, his other legacy will be the conversion of the entire population of this country into contestants on "Are You Smarter Than a Fifth Grader?"

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