Refluat Stercus!: The Sh#t Gets Real On Torture

Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law

“But it is also part of another story of which we can be proud,” (adds the document, which was circulating this week among White House officials and which the White House accidentally emailed to an Associated Press reporter.) “America’s democratic system worked just as it was designed to work in bringing an end to actions inconsistent with our democratic values.” (White House accidentally emails torture report memo to reporter, July 31, 2013. Read more: http://www.smh.com.au/world/white-house-accidentally-emails-torture-report-memo-to-reporter-20140731-zz0cp.html#ixzz39AGLBfHq)

No this quote is flat wrong. The American system did not work because the people who ordered the torture have not been criminally prosecuted in an American court. Soldiers who did their bidding have been court-martialed, allies like Poland have had to face the music, but not one of the SOB’s who profoundly disrespected the office of the Secretary of State and the first black Secretary of State has had his life troubled one bit by a court to the level of a penny ante shoplifter.

Anybody remember John Durham’s report and decision not to prosecute? Who lied to him? Anybody remember the torture report of state that took years to come out while the torturers were given chance after chance to water it down? Remember the Margolis memo at DOJ that recommended against a criminal referral of the authors of the torture memos?

Anyone remember whether Judges Kavanaugh on the DC Circuit and Bybee on the Ninth Circuit were truly forthcoming about their roles in the torture during their confirmation hearings? What about FBI director Comey during his confirmation hearings.

What about Nancy Pelosi, Porter Goss, and all of the other legislators and executive types who played a role.

I do not forget the words of John Dean to the President Nixon, “There is a cancer on the Presidency.” And his frustration at how Nixon played things down. Years later we find out Nixon new much more than he let on in that meeting

Mr. President, there is a cancer on the Presidency and on American democracy. It is a cancer that cannot be spin doctored away. It is the high-level torturers in our midst that you have dared not to prosecute. These persons have no clothes and deserve prosecution. America deserve their prosecution so we can set them as our example of “never again.”