“‘Laws are like cobwebs, for if any trifling or powerless thing falls into them, they hold it fast, but if a thing of any size falls into them it breaks the mesh and escapes.’”
Anacharsis, c. 600 BC, quoted in From Hell, Chapter 12, ii. Paddington Q, Australia: Eddie Campbell Comics, 1999.
I got to thinking about this quote after reading an essay by Andrew Sullivan in which he argues, quite convincingly, that the Bush administration’s “enhanced interrogation techniques” are very similar to those developed by the Nazis for special prisoners, such as the paramilitary insurgents Germany faced in Norway. Much like insurgents in Iraq, these men fought out of uniform, prompting the Nazis and the Bush administration to argue that such fighters do not qualify for the protections against torture for POWs captured in traditional combat. Sullivan says,
Freezing prisoners to near-death, repeated beatings, long forced-standing, waterboarding, cold showers in air-conditioned rooms, stress positions […], withholding of medicine and leaving wounded or sick prisoners alone in cells for days on end – all these have occurred at US detention camps under the command of president George W. Bush. Over a hundred documented deaths have occurred in these interrogation sessions. The Pentagon itself has conceded homicide by torture in multiple cases.
The Nazis even had the same name for these techniques: “Verschärfte Vernehmung,” which translates to English as “intensified interrogation,” “sharpened interrogation” or “enhanced interrogation.” Sullivan is careful to say that he’s not arguing that Bush is Hitler, and states emphatically, “There is no comparison between the political system in Germany in 1937 and the U.S. in 2007.” It is clear, however, that the Bush administration has taken on noxious practices and arguments once made by Nazis. We should be disgusted by Bush’s enhanced interrogation techniques even if they aren’t similar to those used by the Nazis, but given the way we use Nazis and Hitler as shorthand for evil and our opposition to the same during World War II as proof of our moral superiority, the similarity is all the more despicable.
But what makes all of this even more horrifying, and relevant to Anacharsis’s argument, is the way the Washington political establishment is arguing against holding the Bush administration responsible for all the ways it’s broken the law over the last 8 years. In a recent post for his blog at Salon, Glenn Greenwald quotes former Congressman Harold Ford as being against criminal prosecutions of the Bush administration because, “‘“I think that accountability was brought in 2006 when [the GOP] lost in the House and the Senate […]. And we have only eight more months of George W. Bush . . .”’” Anachrasis made his comparison of laws to cobwebs 2600 years ago, so we know this sort of thing isn’t new, but Greenwald also points out that during the Iran / Contra scandal, prominent Washington Post columnist Richard Cohen defended the pardon of Casper Weinberger, one of the men who broke the law for the Reagan administration, because he pushed his own cart and did his own shopping at Safeway. As some have pointed out regarding The Daily Show, one of the ironies of today’s political discourse is that comedians are, in some cases, making better political arguments for justice than politicians and political commentators. Comedian Patton Oswalt makes just such an argument on his CD Feelin’ Kind of Patton:
I mean, if the standard for impeachment is covering up a burglary, or getting a blowjob, if that equals, “you’re impeached,” then shouldn’t Bush have been executed at this point? Like, honestly, if that is, I’m just saying, if that’s your standard, he should’ve just been beaten to death on the lawn of the White House with like, Aerosmith playing, and be like, “Yeah! Fuck that guy!” Big monster truck rally, and everyone drunk, “Yeah, fuckin’ asshole.” But nope.
Even more depressing, things may not get better under an Obama administration, given his reversal on the FISA legislation legalizing the Bush Administration’s warrantless wiretapping and protecting the telecom companies who made it possible from civil lawsuits. In October of 2007, the Obama campaign said “‘Barack will support a filibuster of any bill that includes retroactive immunity for telecommunications companies,’” but then voted in favor of a bill early this month that does exactly that. In fact, in the same Salon post described above, Greenwald quotes an article for The Nation by Ari Melber in which Obama advisor Cass Sunstein “‘caution[s] against prosecuting criminal conduct from the current [Bush] Administration[, …] or even the “slight appearance” of it,’” because doing so would risk “‘[…] a “cycle” of criminalizing public service.’” The most obvious argument against this, of course, is that it isn’t public service that’s criminal, but criminal acts.
The Bush administration falls through the cobweb of the law with the assistance of its supposed political enemies. Meanwhile, Pfc. Joseph Patrick Dwyer, the former army medic made famous by a photo depicting him carrying an injured Iraqi child out of harm’s way, died this month of an apparently accidental overdose of prescription pills and aerosol fumes. Dwyer volunteered after 9-11, and was modest about the idea of being a hero, telling the Military Times, “‘Really, I was just one of a group of guys […]. I wasn’t standing out more than anyone else.’” Returning from Iraq, Dwyer suffered from Post Traumatic Stress Disorder, or PTSD, and in 2005 he thought his home was surrounded by Iraqis and he began shooting out his window. He and his wife separated due to his difficulties, but following his death she said, “‘He was a very good and caring person. He was just never the same when he came back [from Iraq], because of all the things he saw. He tried to seek treatment, but it didn’t work.’” In 2003, Dwyer said of the war, “‘I know that people are going to be better for it […]. The whole world will be. I hope being here is positive, because we’re a caring group of people out here.’”
