Reidblog [The Reid Report blog]

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Monday, November 05, 2007
JAGs make it plain
Four retired military generals write to Senate Judiciary Committee Chairman Pat Leahy to put some clarity to an issue that should have long been clear. From Leahy's website:
The letter was written by Brigadier General David M. Brahms, United States Marine Corps (Ret.); Major General John L. Fugh, United States Army (Ret.); Rear Admiral Donald J. Guter, United States Navy (Ret.); and Rear Admiral John. D. Hutson, United States Navy (Ret.). Admiral Hutson testified before the Judiciary Committee Oct. 18 as part of the Mukasey confirmation hearings.

“In the course of the Senate Judiciary Committee’s consideration of President Bush’s nominee for the post of Attorney General, there has been much discussion, but little clarity, about the legality of ‘waterboarding’ under United States and international law,” the generals wrote. “We write because this issue above all demands clarity: Waterboarding is inhumane, it is torture, and it is illegal.”
The full letter is available here.

The most important part of the letter reads as follows (it's the part you won't likely see teletyped on your favorite cable news show):
This is a critically important issue -- but it is not, and never has been, a complex issue, and even to suggest otherwise does a terrible disservice to this nation. All U.S. Government agencies and personnel, and not just America's military forces, must abide by both the spirit and letter of the controlling provisions of international law. Cruelty and torture -- no less than wanton killing -- is neither justified nor legal in any circumstance. It is essential to be clear, specific and unambiguous about this fact -- as in fact we have been throughout America's history, at least until the last few years. Abu Ghraib and other notorious examples of detainee abuse have been the product, at least in part, of a self-serving and destructive disregard for the well-established legal priciples applicable to this issue. This must end.

The Rule of Law is fundamental to our existence as a civilized nation. The Rule of Law is not a goal which we merely aspire to achieve; it is the floor below which we must not sink. For the Rule of Law to function effectively, however, it must provide actual rules that can be followed.
Never better said.

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posted by JReid @ 5:09 PM  


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