Wednesday, October 03, 2007
"A Place of Inspiration"
Marty Lederman
That's Alberto Gonzales's description of the Department of Justice that would work tirelessly to produce these sorts of legal opinions. Having worked at OLC for many years, I genuinely can't even imagine what it would be like to come to work each day with a mandate to produce this sort of legal advice.
"[James] Comey told colleagues at the department that they would all be 'ashamed' when the world eventually learned of it." Were that it were so.
Between this and Jane Mayer's explosive article in August about the CIA black sites,
I am increasingly confident that when the history of the Bush Administration is written, this systematic violation of statutory and treaty-based law concerning fundamental war crimes and other horrific offenses will be seen as the blackest mark in our nation's recent history -- not only because of what was done, but because the programs were routinely sanctioned, on an ongoing basis, by numerous esteemed professionals -- lawyers, doctors, psychologists and government officers -- without whose approval such a systematized torture regime could not be sustained.Moreover, as I have argued many times in this space, there is no real justification for classifying the legal advice and the basic outlines of the CIA program (subject, of course, to protections for foreign sources who would be compromised).
What, then, will it take for Congress to have the courage finally to provide the thorough public accounting that is so desperately needed here -- and, perhaps more importantly, to pass laws that expressly and specifically prohibit identified techniques amounting to cruel treatment and torture; that prohibit secret, incommunicado CIA facilities; and that provide real legislative oversight so that this never happens again?
Posted 9:59 PM by Marty Lederman [link]
http://balkin.blogspot.com/2007/10/place-of-inspiration.html