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How does American law propose to treat an executive who authorizes or condones the torture of a prisoner in time of war? The precedent is clear, and it is a matter of our nation’s proto-constitutional history–back to 1649.
In that case, the executive stood accused that he, “contrary to laws temporal and divine,” had made war, and in the course of his war-making had authorized or indulged the torture of prisoners taken captive by his forces.
On January 25, the prosecution called two witnesses who testified that the executive had stood by and looked on approvingly as prisoners were beaten. And a further witness said that he saw the executive, mounted on his horse in Fowey in Cornwall, gazing from his horse as prisoners were stripped naked and mistreated, all in violation of the laws of nations. A fourth witness was called. At Newark Fort, near Leicester, he said, the executive commanded his troops as they took surrender of the fort by agreement, and in the executive’s presence, his troops fell upon the surrendered prisoners, stripped them naked and proceeded to beat, cut, and mistreat them, in violation of the laws of nations. An officer ordered them to stop, but the executive, sitting “on horseback in bright armour” ordered them to continue with their beatings, saying “I do not care if they cut them three times more, for they are mine enemies.”
The charge, repeated the prosecutor, was that the executive had violated the laws of nations in that he authorized or indulged the torture and brutal mistreatment of prisoners taken in wartime. The commissioners deliberated and rendered their verdict: The charge against the defendant was sustained, the defendant was guilty as charged. And then the punishment was fixed. How does one punish an executive for violation of the laws of nations by authorizing the torture of prisoners? The verdict was that he be taken to a place of execution, where his head was to be severed from his body by an axe.
Yesterday in the course of a televised interview, George W. Bush acknowledged that he personally authorized the torture of at least one prisoner. Watch the confession here:
Note that Bush carefully predicates his decision on the advice he received from his legal team headed by Alberto Gonzales, with key legal research done by John Yoo. His defense will be reliance on counsel. Will he, like Charles Stuart, be held to account?
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Average speed of Heinz ketchup, from the mouth of an upended bottle, in miles per year:
After studying the fall of 64,000 individual raindrops, scientists found that some small raindrops fall faster than they ought to.
The Playboy mansion in California was bought by the heir to the Twinkie fortune, and a New Mexico man set fire to his apartment to protest his neighbors’ loud lovemaking.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”