'Law & Order' Episode Tonight: DoJ Torture Legal Memo Author Is Prosecuted

http://www.huffingtonpost.com/anthony-d-romero/emlaw-orderem-tackles-acc_b_300023.html

Anthony D. Romero
Executive Director of the American Civil Liberties Union
Posted: September 25, 2009 12:50 PM

Law & Order Tackles Accountability for Torture. Will We Have It in Real Life?

"Jack, you want to prosecute a member of the Bush administration for assaulting suspected terrorists?"

"The word is 'torturing.' And yes — it's about time somebody did."

If you watch Law & Order tonight, you'll see that the "Jack" laying down the gauntlet on accountability for torture is veteran district attorney Jack McCoy. What McCoy understands is that in America, the rule of law applies to everyone. No one is above the law, not even (and some might say especially) the most powerful.

In this fictionalized but typically "ripped from the headlines" episode, McCoy decides to prosecute an author of a Justice Department legal memo authorizing torture, as well as his co-conspirators up the chain of command, including Vice President Cheney. ("This is an instruction on how to commit a crime and avoid prosecution," says McCoy's assistant D.A., referring to the torture memo. "A surgical parsing of words to draw hair-splitting distinctions between severe pain and extreme pain." "I know what we're talking about, sir. I don't need a memo to tell me what torture is," says a retired Army captain.)

In real life, there has yet to be an investigation into the high-level authorization of torture, a crime that has stained the reputation of our nation at home and abroad.

Last month, Attorney General Eric Holder appointed a special prosecutor to conduct a preliminary review into whether federal laws were violated in connection with the interrogation of some specific detainees. It was a good first step and a positive sign given President Obama's commitment to "looking forward" at the unfortunate expense of enforcing the law. But a narrow investigation limited to interrogators and contractors in the field is woefully inadequate. There is voluminous information already in the public domain that the Bush administration's torture program was widespread, systemic and authorized at the highest levels of government. This evidence comes from congressional reports, the Justice Department's infamous legal memos and the CIA inspector general report released as part of ACLU litigation, detainees' accounts and even the boastful admissions of officials, including former vice president Dick Cheney, who has been aggressive in his defense of waterboarding.

- snip -

Tonight's Law & Order episode (8 p.m. on NBC), through its script, takes on the need to look ourselves squarely in the eye. "It's hypocritical to defend our values with torture," says the retired Army captain. "(W)hat is it about this country that you don't get?" asks the assistant D.A. of the lawyer who wrote the torture memo.

Toward the end of the episode, the assistant D.A. declares, "(I)t is not disloyal to hold our officials to the highest standards of conduct."

K&R and will share with others.

It's not the first time that Law & Order has tackled politics.

We live in a highly fictionalized age. Which is to say fictions and facts, entertainment and news make up a continuum and a perceptual salad. I'm afraid for many people seeing justice done on the show and having the show uphold what is right substitutes for or gives the same cathartic feeling as if it actually happened in real life. We're still civilized because we know, we would, if we could, it's almost as if we did...

People will be getting used to the idea of accountability for government officials -- for non-oral-sex-related offenses, anyway.

--d!

I didn't even know if Law and Order was on in the fall anymore....

Thanks

we should prosecute every lawyer who gives bad advice.

Torture is illegal under a number of U.S. laws and treaties and justifying it legally is a war crime.

ending, shut down by the "man."