Torture, Continued

Andrew Sullivan gets it right:

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.

Phoenix gets it

From a promising new blog by Phoenix:

"It is a hallmark of a sane and moderate society that when it changes leaders and regimes, those left behind should be abandoned to the judgment of history," writes Harvard's Charles Fried in Saturday's NYT op-ed. "It is in savage societies that the defeat of a ruling faction entails its humiliation, exile and murder."

While it remains to be seen if Erik "Money Folder" Holder will sentence Donald Rumsfeld to death, it does appear that Mr. Fried is protesting a bit too much. He is not the first to trot out the shibboleth that punishing those responsible for the Bush administration's various humiliations of the law would do little more than establish a pattern of retribution against outgoing administrations. Leave aside the obvious point that an exiting Obama team guilty of such egregious assaults on the law would be prosecuted on day one (rightfully, albeit not without sanctimony or a moment's hesitation from the GOP and media). The easily elided point here is that we would need not fear this pattern, were an independent Justice department in existence and already in pursuit of those at the heart of the policies. Those perpetrators would have been put on trial in late '06, rather than the rotten fruit they bore.

Not a word there I disagree with.