SIGN IN to access Harper’s Magazine
Need to create a login? Want to change your email address or password? Forgot your password?
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
Remember when former Attorney General Michael B. Mukasey insisted—in response to Congressional calls for accountability for the torture lawyers–that the notion that attorneys could be criminalized for writing a legal opinion was “absurd”? Of course, those who seriously tracked the issue recognized that Mukasey’s remarks were not serious. The Justice Department in fact regularly prosecuted lawyers for writing opinions, when it reckoned that the opinions were part of a larger conspiracy to commit a crime. Why would that same reasoning not apply to the case of the torture lawyers? In fact it would, and in fact, Congress expressly created a crime—conspiracy to torture—which covers it. The New York Times has reported on another recent case in which a group of tax lawyers and accountants and a foreign bank conspired to introduce a tax shelter product that they offered to their clients. The lawyers participated by issuing legal opinions, as the Justice Department stresses in its own press release covering the matter. So why is this not a perfect precedent justifying the criminal prosecution of the torture team? Major distinctions between the cases—torture is a vastly more serious crime than games with tax shelters, and the tax shelter case turns on issues of tax law as to which reasonable minds might differ, unlike the torture case—cut in favor of a prosecution of the torture lawyers. The decisive difference may simply be that the United States Department of Justice holds its own attorneys to a far lower standard of accountability than it holds ordinary attorneys. Ask the lawyers who head the Department’s own Public Integrity Section. They’re now the targets of a special prosecutor investigating their criminal misconduct. It’s revealing that the criminal probe into the misconduct of federal prosecutors in political cases occurred by special action of a federal court, not as a result of any internal action of the Justice Department itself. When complaints were brought to the attention of the Justice Department it consistently reacted the same way, sweeping them under the carpet. Often enough, we have to ask on which side of the law enforcement divide the Justice Department stands. The answer often disappoints.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
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
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.
Years that a Nigerian woman appealing a sentence of death by stoning in March will be allowed to live to wean her baby:
Movie editing was found to have evolved toward the natural pattern of human attention, which corresponds to the natural rhythm of the universe; Rebel Without a Cause, in particular, was found to possess a near-perfect universal rhythm.
Rodrigo Duterte, the president of the Philippines, announced that he has ordered the country’s navy and coast guard to bomb the ships of kidnappers even if civilian hostages are on board.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
"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."