Licensed to kill

Source: War in Context.org

By Scott Horton, Harper’s, October 6, 2007

The Bush Justice Department does have an essential law enforcement mission, though sometimes it seems to behave much more like a criminal syndicate. It warmly embraces the crime of torture as a tool for collecting human intelligence notwithstanding both its manifest illegality and immorality and the uniform view of intelligence professionals that torture consistently produces corrupted, inherently unreliable information. In so doing of course it is engaged in a fairly primitive game of self-protection. It can’t acknowledge the fundamental criminality of its conduct, so it turns the Justice Department into its consigliere. Three different lawyers in the office of legal counsel have rendered formal opinions giving a stamp of approval to a universal crime. Indeed, this sort of legal dexterity now seems to be accepted as a rite of passage for “movement” lawyers—a fact which is very revealing of the new character of the “movement.” It has nothing to do with ideals, and everything to do with personal fidelity. In each of these cases, the opinion boils down to the fundamental principle of the authoritarian state, namely: if the Leader authorizes it, then it must be okay.

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