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Susan J. Crawford served as general counsel to the Army for Ronald Reagan and as Dick Cheney’s inspector general while he was secretary of defense, then landed an appointment to the Court of Appeals for the Armed Forces. According to Professor David Glazier, a prominent practitioner and scholar of the court’s jurisprudence, she was the most reliable and consistent pro-government vote on that court, authoring less than her fair share of opinions and focusing instead on dissents in which she carped at her colleagues for occasionally ruling in favor of service members. In short, she was the perfect vehicle for Bush-style justice for the Gitmo detainees.
She was picked by her friend David Addington to manage the show-trial spectacular in Guantánamo. And now that it appears likely Obama will issue a stand-down order to the Gitmo commissions immediately after taking office, she’s eager to set the record straight about her final act. Yet she went about it in a strange way. Attempting to explain why she failed to approve charges against the most obvious defendant (her picks instead included chauffeurs and a child), she told Bob Woodward, “We tortured [Mohammed al-] Qahtani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution.
Crawford, 61, said the combination of the interrogation techniques, their duration and the impact on Qahtani’s health led to her conclusion. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent. . . . You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture, she said.
This admission is important for several reasons. First, it is an acknowledgement of criminal conduct by the administration by one of its own team. Second, Crawford very properly abandons the absurd legalisms of the Justice Department’s Office of Legal Counsel which essentially boil down to “if the president authorizes it, that means it’s legal.” Third, she has apparently evaluated “torture” on the basis of the totality of the treatment meted out by interrogators and jailers to the prisoner, not by segmenting and evaluating each individual technique applied. That is what the law requires, and what the Justice Department studiously ignores, fully aware of the inevitable conclusion to which it would lead. It adds up to another admission of high crimes. The case for criminal accountability continues to build.
More from Scott Horton:
No Comment — November 4, 2013, 5:17 pm
An expert panel concludes that the Pentagon and the CIA ordered physicians to violate the Hippocratic Oath
No Comment — August 12, 2013, 7:55 am
How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Number of people stopped and frisked by the NYPD in 2011 for “furtive movements”:
The faces of Lego people were growing angrier.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature