Cheney is more than a bit confused in his history. While he claims that the United States never prosecuted Japanese soldiers for war crimes, we in fact gave many water boarding torturers 15 to 25  years in prison for doing exactly that.

This puts the actions of the Bush-Cheney administration firmly in line with the war crimes the United States once pursued quite vigorously. No, that isn't new revelation, but it can't hurt to continue to question why Cheney is considered a legitimate political voice at this late date.

Nothing is likely to be done legally or politically. This leaves it to historians, apparently.  Jonathan Hafetz makes this point:


"The report provides the most comprehensive examination to date of the CIA Torture Program. Above all, it helps strip away the layers of secrecy and expose the misrepresentations to better inform the American public what actions its government took in the name protecting its security. In that sense, the report serves an informational role vital to a democracy and the deliberative process on which it depends.
But accounting should not be confused with accountability. It is crucial to remember that the torture and other misconduct committed by U.S. officials was not simply immoral, barbaric, and counterproductive. It was also criminal, prohibited under both U.S. and international law. In other countries, detailed investigations into human rights violations helped lay the groundwork for subsequent prosecutions. (Argentina and Guatemala are two examples). But President Obama has already suggested that the Senate report will not cause him to reverse his original decision not to pursue a full criminal investigation. The President called the report’s findings “troubling,” but cautioned against “refighting old arguments” and, once again, urged the country to look forward, not backward.

To be sure, political winds in the U.S. may shift, or another country may prosecute U.S. officials under international law. (Prosecutions under universal jurisdiction have previously been attempted in several European countries). But history, not law, may well be the final arbiter of America’s Torture Program. If so, the report’s main contribution will be the factual record it provides to us now and to future generations....

...While the opposition to criminal prosecutions remains undeniably intense, the U.S. faces no comparable choice between peace and justice. The trade-off is one of politics, not peace. And, so far, politics has trumped law. There are other ways for the U.S. to achieve a measure of accountability, from noncriminal sanctions against those responsible to providing remedies to victims. But to date other accountability mechanisms have been not taken hold. Instead, we are left with accountability through accounting.

And herein lies the Torture Report's central paradox. It is because the Senate report provides such devastating details into the Torture Program that the stakes for the rule of law are now so high. By demonstrating the depth and degree of America’s lawlessness, the Torture Program shines the light even more brightly on law’s absence in addressing the crimes of the past."

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