No Comment — January 12, 2009, 3:27 pm

Bush’s Torture Confession

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.

charles-death-warrant

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?

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

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.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2017

Tyranny of the Minority

= Subscribers only.
Sign in here.
Subscribe here.

Texas is the Future

= Subscribers only.
Sign in here.
Subscribe here.

Family Values

= Subscribers only.
Sign in here.
Subscribe here.

Itchy Nose

= Subscribers only.
Sign in here.
Subscribe here.

Black Like Who?

= Subscribers only.
Sign in here.
Subscribe here.

A Matter of Life

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Texas is the Future·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Illustration (detail) by John Ritter
Post
The Forty-Fifth President·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Photograph (detail) by Philip Montgomery
Article
Itchy Nose·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Artwork (detail) © The Kazuto Tatsuta/Kodansha Ltd
Article
A Matter of Life·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Photograph (detail) by Edwin Tse
Article
Black Like Who?·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Photograph © Jon Lowenstein/NOOR

Ratio of the average cost of a gallon of gas in Britain last September to that of a gallon of Starbucks coffee:

1:4

The faculty of embarrassment was located in the pregenual anterior cingulate cortex by neurologists who made brain-damaged subjects sing along to “My Girl” and then listen to their own singing played back without musical accompaniment.

Greece evacuated 72,000 people from the town of Thessaloniki while an undetonated World War II–era bomb was excavated from beneath a gas station.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today