| Torture is also un-American. President Barack Obama was right to let the American people see the torture memos. Now it's time for him to appoint a Special Prosecutor to conduct a nonpartisan investigation. Here's why.
Our founding fathers rejected torture, and so should we. They specifically wrote two amendments to our Constitution to prevent it-the Fifth and Eighth Amendments. These Amendments outlawed torture.
The Fifth Amendments says, "No person . . . shall be compelled in any criminal case to be a witness against himself." In the Eighteenth Century European monarchies routinely "compelled," or tortured, suspected criminals. The founders of our Republic wanted America to be different. They recognized the fact that government officials are not infallible. They make mistakes. Torturing an individual to gain information is wrong.
The Eighth Amendment to the United States Constitution says, no "cruel and unusual punishments [shall be] inflicted." Torture is both cruel and unusual. It is cruel and unusual to strip a person and put them in a box. It is cruel and unusual to strap a person to a board, invert the board, place a rag in the person's mouth and then pour water down his throat. Our founders rejected this barbaric conduct.
In 1882 the United States signed the Geneva Conventions and committed itself to the humane treatment of prisoners captured in war. As a treaty, the Geneva Conventions are the "supreme law of the land," and the President must obey it (US Constitution, article VI, paragraph 2). Article Three of the Conventions clearly states that parties to the treaty may not torture detainees and must treat detainees humanely. Can anyone say with a straight face that the CIA treated detainees "humanely?"
Torturing Al Qaida members also threatens our national security. The torture sessions produced unreliable information. Tortured prisons simply made up information to end the physical pain and sent our intelligence officials on wild goose chases. The most useful information came by treating the captives humanely. They had been told that Americans were barbaric. When they discovered the truth, they opened up and betrayed their cause.
We can't move forward without accountability. The Bush Administration tried to sweep this information under the rug. President Bush himself repeatedly lied to the American people, saying his administration did not torture. Thanks to President Obama we know the truth.
The only way to prevent future offenses against our values and our laws is to hold the architects of torture accountable. We must do to ourselves what we would do to others. After World War Two the United States prosecuted Japanese leaders for water boarding Americans. President Obama must appoint a Special Prosecutor to investigate and charge those responsible for this potential crime. To ignore his duty as President would be wrong. |
