We currently have a Constitutional, sociological dilemma regarding Americans engaging in the practice of "Torture". But, the most serious part of this situation is something that surpasses Constitutional Law or the debates that rage on inside of U.S. society. This serious problem even goes beyond our diversified Political framework. It is… the existence of a "Double Standard" for application of the law in a Democracy. A Democracy is by definition a form of governing expressly dependent on fair and even application of laws to "all" living in Democratic societies. In other words, all laws apply to all citizens equally, and no individual, regardless of any kind of status, is above the law, any law.
Currently, none of the three branches of our Government; The Executive Branch, the Legislative Branch nor the Judicial Branch is willing to directly address the current violations of Federal, Military, International Law, and International treaties, by the United States when it chose to implement a policy of Torturing prisoners that it detained. Torture is… human beings using "violent methods and procedures on other human beings to extract and obtain desired information, confession, apology or personal gratification.
Clearly, over the time period since the 911 attacks there is enough "Public" evidence to not only warrant, but also demand that action be taken regarding the use of "Torture". Truth Commissions only obtain information and bring no criminal culpability in the form of further actions. Because this is not only a legal, but also a Political problem with opinions on all aspects of this policy implementation varied and highly charged with emotions, often boiling down to "Partisanship", a "Special Prosecutor" is the only practical direction to take in beginning a legitimate confrontation of the issue. Since this involves Government Policy, responsibilities in regard to culpability could involve, many members of all three branches of Government in Washington D.C. Possible prosecutions could involve many of the same people who, at this time, would be involved in the investigation, were any path other than appointment of this special Prosecutor, taken. This is the problem that is delaying action on the matter. It is in fact causing debates that should not even be taking place. People throughout our government are stalling the process in hope that they can find a way around criminal culpability. Should they achieve this, they will, in fact succeed in establishing a double standard for U.S. Law, domestically and internationally. We know this double standard already exists based on wealth and is a debate most often avoided and not spoken of. Too many facts now exist and are public knowledge to simply sweep "Torture" under the carpet!
The use of Torture is a crime that has customarily been attributed predominantly to "enemies" of our Country. Until now, prosecution of this crime has been ingrained in the character of this country, and has defined our global morality! It is a point of character that has always defined the United States as a champion of "Human Rights", and indeed as a leader in holding the entire World to higher standards regarding the matter. When America entered WWII it was a break from isolationist policies. In fact, we did not enter the War until we were attacked at Pearl Harbor. Rather than make field judgments for battlefield executions, very large numbers of "prisoners of war" were taken, and were treated as humanely as possible. As the War came to a close and following the surrenders of both Japan and Germany, most prisoners of war were released, yet some remained in custody, and also, more were taken as judgments of "War Crimes" were initiated resulting in the "Nuremberg Trials"! Those found guilty by this International action were sentenced to either lengthy periods of incarceration or execution. The search for, trials, and sentencing of the WWII War Criminals has continued and goes on to this very day. One War Criminal was extradited to Germany from the U.S. this month! Yet, we now find our country in debate over the use of "Torture" at this very moment. How can this be?
Have we become largely de-sensitized to "Violence"? Has our "Moral Compass" changed to a new direction? Are we just so fearful that we cannot see clearly any longer? Is there actually a new form of criminal in the "Terrorist" that warrants treatment as other than that a human being deserves? I believe that two of these questions provide us with an answer…
First, 911 brought the concept of "TERROR" home to the people of the Continental United States for what, in all practicality, was the First Time! This happened at a time when our ability to bring things directly into the homes of Americans is absolute. With multiple televisions with many channels, and computers with the Internet, in nearly every home, we saw "Terrorism", in real time, much to our dismay and horror. Unfortunately, the very people, the Bush Administration, who should have led us in a direction that produced a reaction routed in the experience gained by the rest of the World, promoted a sense of fear, helplessness, and retribution, throughout a traumatized Nation. Literally in shock, the American people did what came natural to them, historically. They followed their leaders whole-heartedly and without question. This had always been a safe decision, up until September 11, 2001! The problem is our leaders already had an agenda, and they were cowards, possibly more terrified than the people, in general were! And, our Media failed us miserably. They did not do the very thing that is their primary purpose. They did not maintain an "Objective" perspective, questioning event and supplying us with investigative reporting! Thus, decisions and actions predicated in "Fear", dominated the formation of a policy to address the greatest crisis ever faced by the United States of America. Leaders who were cowards led us, as a country, into an immoral state of being.
Secondly, we are de-sensitized to Violence, as a Society. WWII has become fodder for sensationally, violent movies. Even Vietnam is 30 years behind us. Very few of our leaders are Veterans, and most of those old enough to be Vets, avoided military service, including Dick Cheney, the then Vice President. The movie industry uses violence for a creative commodity and has been graphically flooding us with it, non-stop, for decades. The most popular computer games allow the user to become the perpetrator of gross violence, in their home, without consequence, in a very realistic atmosphere. Television feeds us unfettered "solution violence" with shows like "24" and "The Unit" on a daily basis. Not to mention the general use of violence throughout its programming. Violent crime has become the number one source for "sensationalism news programming", and is fed to us daily. Sadly, amongst all of this, the Wars are censored in Media coverage and for decades we never even saw the coffins of our lost Warriors returning to their home. Is it any wonder that as people we don't think much of violent treatment of prisoners from the "War on Terror"! We debate if Water-boarding is Torture, and if Torture is justifiable, giving new, cleaner names like "Enhanced Interrogation".
One talk-show pundit, who had defended all of this, has changed his tune. You see, on May 22nd Eric "Madcow" Muller allowed himself to be subjected to a "Cadillac" version of Water-boarding, on camera! He lasted six (6) seconds. Upon regaining his senses and returning to having the ability to form words, and after only 6 seconds, he exclaimed, "… I don't want to say this… I do not want to say this, but… Absolutely… that's Torture… that's Torture." You can see the video proof at…
http://www.msnbc.msn.com/id/3036677/vp/30894398#30894398
Somehow, collectively, as a Nation, we have to confront this "Moral Dilemma" and take a course to admit and also correct this abhorrent policy that infected our thinking and decision-making processes. Otherwise, it is bound to happen again. International Law as applied in Treaties we have signed, allows other Countries, who signed, to do this, if we do not. It is our responsibility, though! Nothing less than a thorough investigation, applied criminal charges, and prosecution for these "Crimes" will ever allow us to be who we truly are and have been as a Nation, for hundreds of years.
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