Mukasey and Hayden complain that the president has tied the hands of future presidents in this. Yes, he has. What Obama understands is that what is truly vital is that this dark and shameful period not become a workable precedent. It must be repudiated at the very heart of the American political system, and removed like the cancer it is.
The question of prosecution remains. It's a painful decision. My view is that those who pay the legal price should be, first and foremost, those who authorized this at the highest levels. My view is also that it is a travesty that the Abu Ghraib reservists were prosecuted, and yet far, far more culpable people are claiming it would be too divisive to prosecute them. My view is that no one is above the law, and that when a society based on law prosecutes the powerless and excuses the powerful, it is corroding its own soul.
Friday, April 17, 2009
Andrew Sullivan gets it right: