Yeah, oops.
One of the more frustrating aspects about this situation — other than the clear human rights violations — is that prolonged detention without charge or trial, coupled with torture and inhumane treatment, shows a fundamental lack of faith in the justice system of a country that conservatives claim to “love” and hold in high esteem. We have specific safeguards set up so that criminal defendents are not physically brutalized to the point where they suffer from life-threatening conditions (or die, as others at Guantanamo have). Now, because we almost killed this man — who is the alleged “20th 9/11 hijacker” — he may not face trial. Much of the evidence against other potential defendents may be tainted if it was obtained through torture, making it either inadmissible or highly dubious.
I’ve written before about my serious problems with the prison industrial complex and the treatment of criminal defendants in the United States. I maintain that our justice system, in practice, is thoroughly broken. Many of our laws are deeply problematic, and the way those laws are carried out is too often oppressive, inhumane and unjust — especially to people of color, immigrants, and the poor.
But our legal system as conceived is a pretty incredible thing, even if its ideals aren’t properly carried out. And it’s a constant source of deep frustration for me to see that system abused, diminished and flouted in order to commit horrific acts with impunity and without oversight. And of course there’s also this:
In May 2008, Crawford ordered the war-crimes charges against Qahtani dropped but did not state publicly that the harsh interrogations were the reason. “It did shock me,” Crawford said. “I was upset by it. I was embarrassed by it. If we tolerate this and allow it, then how can we object when our servicemen and women, or others in foreign service, are captured and subjected to the same techniques? How can we complain? Where is our moral authority to complain? Well, we may have lost it.”
That’s a big problem, and it puts not only our service people but Americans generally in seriously compromised positions. The Bush administration has wrought devastating consequences in many aspects of our lives, but normalizing torture, trashing the Constitution and putting Americans at risk are among the most offensive.