Our Obligation to Investigate-By Sen. Robert Byrd

Our Obligation to Investigate
Sen. Robert Byrd

"In order to truly clear our good name and put the past behind us, the United States must strive to be sure that this dark period of sick and secretive torture schemes receives the scrutiny it deserves."

Posted April 30, 2009 | 10:33 AM (EST)

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The recently leaked report from the International Committee of the Red Cross (ICRC), as well as the four released memorandums from the Department of Justice Office of Legal Counsel (OLC), confirm our worst fears. These documents point to brutal, inhumane acts which were repeatedly carried out by U.S. military personnel, and which were authorized and condoned at the highest levels of the Bush Administration. These acts appear to directly violate both the U.N. Convention Against Torture and the Geneva Conventions. Spain and the United Kingdom have already initiated investigations of Bush Administration officials who approved these acts. The United States needs to investigate as well. To continue to ignore the mounting evidence of clear wrongdoing is a national humiliation.

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The ICRC report of cruel, inhumane, and degrading treatment, described clearly as torture, was sent to the Bush Administration in February of 2007, and since that time, there has been a refusal to investigate and, if needed, prosecute these acts. The OLC memos confirm that the Bush Administration permitted torture of detainees that included waterboarding, defined by Attorney General Holder and others as torture. These despicable acts illustrate clear and recurring violations of both domestic and international laws. Article 146 of the Geneva Conventions obliges the United States to investigate allegations of "grave breaches," while Article VI of the U.S. Constitution clearly indicates that "all Treaties...shall be the supreme Law of the Land." And in June of 2006, the Supreme Court affirmed that the United States must abide by the Geneva Conventions in its treatment of all prisoners.

The rule of law is not just a lofty concept to which we should aspire only when convenient. It is a fundamental principal upon which our Republic was founded, and it is the foundation of our free society. I understand the desire to look forward and to forge a new path on high ground instead of on the low road of the past eight years. But to use the need to move on as a reason not to investigate basic human rights violations is unacceptable. Excusing individuals at the highest levels of government from adhering to the rule of law, whether in wartime or not, is a dangerous precedent, for it undercuts the principle of accountability which permeates representative democracy.

Sadly, the world will discover more and more about the acts committed at Guantanamo Bay, Bagram, and elsewhere around the world. There is no avoiding that eventuality. It is our choice as a nation whether to pursue the path of truth ourselves, or leave the details of the abuse to be painfully revealed by others. Releasing the OLC memos was a courageous and admirable first step. But we must not stop there.


more at:
http://www.huffingtonpost.com/sen-robert-byrd/our-obligation-to-investi_b_193593.html

His IWR speech on the Senate floor against the war was prophetic (and one of the best I have ever heard). EVERYTHING he predicted came to pass. I hope his colleagues are listening this time.

repeatedly.

He's so wrong about some things and so right about other things, IMHO.

I think he's right about this.

(and many before) -- his statements are especially valuable in this matter.

Rec.

I think we pushed and signed up for rule of law restoration, accountability, and clear change toward populism, away from corporatism. Now is a dandy time to take the stand, and deliver the message to the world.

it can't just be forgotten. it can't be ignored. it must be addressed. i wrote to AG Holder today with that in mind.

with few, if any, other Senators in attendance, holding his pocket-sized copy of the Constitution and spoke against the Iraq war. It was incredibly moving and worthy of great respect, imo.

His comments in the OP are, imo, reminiscent of that moment and my respect for the man never diminishes.

Thanks for posting this, it is much appreciated.

Recommended.

Bravo Senator Byrd!

more, more!

because Senator Byrd has made the appropriate declaration, the issue can now be tabled.