Via Making Light, Charles Pierce at Eric Alterman’s blog:
I have now lived through three major episodes in my life where the political elite have told me quite plainly that neither I nor my fellow citizens are sufficiently mature to suffer the public prosecution of major crimes committed within my government. The first was when Gerry Ford told me I wasn’t strong enough to handle the sight of Richard Nixon in the dock. Dick Cheney looked at this episode and determined that the only thing Nixon did wrong was get caught. The second time was when the entire government went into spasm over the crimes of the Iran-Contra gang and I was told that I wasn’t strong enough to see Ronald Reagan impeached or his men packed off to Danbury. Dick Cheney looked at this and determined that the only thing Reagan and his men did wrong was get caught and, by then, Cheney had decided that even that wasn’t really so very wrong and everybody should shut up. Now, Barack Obama, who won election by telling the country and its people that they were great because of all they’d done for him, has told me that I am not strong enough to handle the prosecution of pale and vicious bureaucrats, many of them acting at the behest of Dick Cheney, who decided that the only thing he was doing wrong was nothing at all, who have broken the law, disgraced their oaths, and manifestly belong in a one-room suite at the Hague. Not to put too fine a point on it, but I’m sick and goddamn tired of being told that, as a citizen, I am too fragile to bear the horrible burden of watching public criminals pay for their crimes and that, as a political entity, my fellow citizens and I are delicate flowers encased in candy-glass who must be kept away from the sight of men in fine suits weeping as they are ripped from the arms of their families and sent off to penal institutions manifestly more kind than those in which they arranged to get their rocks off vicariously while driving other men mad.
Hey, Mr. President. Put these barbarians on trial and watch me. I’ll be the guy out in front of the courtroom with a lawn chair, some sandwiches, and a cooler of fine beer. I’ll be the guy who hires the brass band to serenade these criminal bastards on their way off to the big house. I’ll be the one who shows up at every one of their probation hearings with a copy of the Constitution, the way crime victims show up at the parole board when their attacker comes up for release. I’ll declare a national holiday–Victory Over Torture Day–and lead the parade right up whatever gated street it is that Cheney lives on these days. Trust me, Mr. President. I can take it.
Everyone who was involved—everyone—in approving these decisions, from the top down, needs to be on trial. Open it up. Let us see what was done ostensibly in our country’s name. Better yet, put them on trial at the Hague—oh, but we don’t belong to the International Criminal Court! Isn’t that convenient!
We’re plenty strong out here, Mr. President. If you keep hiding this from us, we’re going to keep on doing it.
I feel your anguish. It burns my bushel, too, that so many miscreants get away with horrendous crimes in the name of patriotism.
On the other hand, just about every world leader commits what some (usually their opponents or rivals) interpret as crimes against humanity. As a result, there is a tacit agreement that you don’t try world leaders unless they have obviously committed war crimes (e.g. genocide) at an inconvenient place at an inconvenient time. This agreement exists so that pre-emptive strikes to avoid prosecutions (i.e. wars) don’t occur.
We’ve seen the same here in the U.S. writ smaller. It seems almost inevitable in the post-Watergate era that if the majority in Congress is of a different party than the White House boarder that some sort of political retaliation will occur. Some of it is deserved, some not so much. The net result has been an increasing polarization of our parties…a closing of the ranks.
Still, just because you manage to attain high office doesn’t mean you have a carte blanche. One of the weakness of our system (as is evidenced by CEOs and their Boards of Directors) is that there are few, if any, consequences of poor performance other than being released from your current position…if then. While we don’t want to prosecute the soldiers who are just following what they have been adamantly told are legal orders, we must go after those who give those orders if it’s found those order cross the line.
What’s sad is that other consequences will ensue. Consider…if we choose to go after Cheney, even if he survives the long process of prosecution, he’ll not likely have to long endure any punishment. In the wake of the numerous Congressional hearings will be retaliatory hearings for the current or next president of the inconvenient party. Is the momentary, yet satisfying pound of flesh, worth a few more decades of political witch hunts?
I have no good answer. I grow weary of our long line of “patriotic” poopy-heads. I’m tired of the loop-hole finders and the technicality-seekers. I’m disgusted by the flouters who don’t think the rules are for them. But…
I can’t help but reflect on the slogan that is on my city’s police vehicles: “In step with the community.” What if you have a criminal community? What do the police do then? I suppose, despite some high-minded ideals, perhaps the situation is the same in all levels of government: we almost never get the government we want, but instead are gifted with the government we deserve. It says more about us than them.
If we went the Truth and Reconciliation route — ie, you come forward and admit what you did, there’ll be no prosecution; if we have to come get you, you’re going to jail for a very long time — I would be satisfied. This stuff has to get out in the open. We have to say we did THIS and THIS and THIS and get people on the record as to whether they support it or not. As long as we obfuscate or talk about legality or what have you, it’s going to keep going, and that route only ends in far, far worse than we have now.