Scarcely a day goes by on which Glenn Greenwald doesn't peel back the layers of obfuscation and deception to stick a needle directly in the bullseye of what ails our deeply ailing Republic regarding the rule of law and the attitudes expressed about it by our leaders, the megamedia and the go-along, get-along crowd wherever they are found.
Today, as he occasionally does, he exchanged his needle for a chainsaw and put it to the pathetic coverage of John Brennan's opting out as a candidate for the job of CIA director. Greenwald writes long, and an excerpt scarcely does him justice, so I recommend that you click through and read the whole piece. Here are some bits to whet your appetite:
Andrew Sullivan made a related point about an AP article by Pamela Hess which contains this wretched sentence: "Obama's advisers had grown increasingly concerned in recent days over Web logs that accused Brennan of condoning harsh interrogation tactics, including waterboarding, which critics call torture." As Sullivan notes: "no sane person with any knowledge of the subject disputes the fact that waterboarding is and always has been torture. So why cannot the AP tell the truth?"
All of this underscores a crucial fact: a major reason why the Bush administration was able to break numerous laws in general, and subject detainees to illegal torture specifically, is because the media immediately mimicked the Orwellian methods adopted by the administration to speak about and obfuscate these matters. Objective propositions that were never in dispute and cannot be reasonably disputed were denied by the Bush administration, and -- for that reason alone (one side says it's true) -- the media immediately depicted these objective facts as subject to reasonable dispute.
Hence: "war crimes" were transformed into "policy disputes" between hawkish defenders of the country and shrill, soft-on-terror liberals. "Torture" became "enhanced interrogation techniques which critics call torture." And, most of all, flagrant lawbreaking -- doing X when the law says: "X is a felony" -- became acting "pursuant to robust theories of executive power" or "expansive interpretations of statutes and treaties" or, at worst, "in circumvention of legal frameworks." ...
All of that is what has created the warped Beltway consensus that Bush officials who broke the law, committed war crimes and other felonies, should be absolutely immunized from the consequences of their crimes. That's because when government officials commit "crimes," they're not actually crimes -- they're mere "policy disputes among people in good faith." Only "incendiary" liberals believe that government officials who break the law should be subject to accusations as shrill and extreme as: "they committed crimes."
Behold the excuses which former Bush DOJ lawyer and current Harvard Law Professor Jack Goldsmith offers up today in The Washington Post on behalf of his former colleagues, as he argues not only that Bush's torture regime shouldn't be criminally prosecuted, but also that no new investigations of any kind -- including by Congress or an Executive branch truth-finding Commission -- should be pursued ...
The Goldsmith piece is a loathsome essay in double-think and double-standards, which is presented in an astonishing deadpan. As Greenwald points out, this remarkable piece was published in a newspaper in a country that glories in its tough-on-crime approach and currently imprisons a larger proportion of its population than anywhere else on earth.
Yet the same political establishment that has created and continues to fuel this incomparably merciless justice system has made themselves exempt from the rule of law. When they flagrantly violate even the most consequential criminal prohibitions -- laws criminalizing torture, spying on American citizens, obstruction of justice -- it's only the shrill rabble (the "incendiary Democratic base") who would possibly believe that they should be held accountable and investigated, let alone prosecuted and imprisoned.
Over the next few weeks, we can expect more in the nature of lousy media framing on this issue and additional outrageous columns by the likes of Goldsmith. That's what we've come to expect from the enablers. Progressives have a simple choice. Will we choose to let an investigation and prosecution of torture and other outlawry go by the wayside in favor of dealing "with more important matters"? Or will we exert the clout we supposedly incendiary members of the Democratic base have by spurring our representatives to prevent the culprits from walking away with a final thumbing of their noses at the rule of law they have violated thus far with impunity?