So we continue to discuss the torture report. *sigh* I’d like to think that we’ll be taking steps to do something about this, but we won’t; certainly not in a court of law. But allow me to discuss what I’d like to see in the next few years.
First off, if we don’t already have an independent, special prosecutor/team of such people investigating this with an eye toward filing charges, then we should.
Second, assuming there is enough evidence to go forward (and with Cheney bragging on TV about how we tortured people, I think this is likely), then charges need to be filed against everyone who was involved in this at all levels. Everyone from the CIA personnel who carried out the torture (and no, “I was just following orders” still isn’t a valid defense), on up to anyone who approved it being used to anyone who participated in covering-up it’s use. This would certainly include Cheney, probably Bush, and maybe Condeleeza Rice and Donald Rumsfeld, among others.
Now I do want to emphasize that these people stand accused of, and in Cheney’s case have admitted to, breaking American laws. I’m not even looking at the international aspect of this.
It is also worth remembering that we don’t actually have a choice, legally, about prosecuting them. We signed several treaties about things like torture, and under the guidelines of those treaties (which carry the force of law in the USA), we are legally required to prosecute.
Once that’s all done, and we’ve finished with the trials, we then should turn over any evidence and suspects to an international war crimes tribunal. Yes, this in theory means that an ex-American President would be facing trial in a foreign court. If we don’t do this voluntarily, then I suggest the various national courts of other countries start going after those involved. This means things like extradition requests and the like.
Lest this come off as something partisan (and how being against torture can be a partisan issue is beyond me), allow me to state clearly that I think everyone involved in the torture and cover-up should face criminal charges. This means that if there is evidence Obama helped in the cover-up, then Obama should also face charges.
I’m completely in favor of a scorched earth policy here. It’s terrible, but so is what we did. We need to own up to that, and we need to face the consequences, otherwise this country we all love will be one of the nastier things on Earth: a rogue nation outside international laws.