AT least since Watergate, Americans have come to take for
granted a certain story line of scandal, in which
revelation is followed by investigation, adjudication and
expiation. Together, Congress and the courts investigate
high-level wrongdoing and place it in a carefully
constructed narrative, in which crimes are charted,
malfeasance is explicated and punishment is apportioned as
the final step in the journey back to order, justice and
propriety.
When Alberto Gonzales takes his seat before the Senate
Judiciary Committee today for hearings to confirm whether
he will become attorney general of the United States,
Americans will bid farewell to that comforting story line.
The senators are likely to give full legitimacy to a path
that the Bush administration set the country on more than
three years ago, a path that has transformed the United
States from a country that condemned torture and forbade
its use to one that practices torture routinely. Through a
process of redefinition largely overseen by Mr. Gonzales
himself, a practice that was once a clear and abhorrent
violation of the law has become in effect the law of the
land.
Shortly after the 9/11 attacks, Americans began torturing
prisoners, and they have never really stopped. However much
these words have about them the ring of accusation, they
must by now be accepted as fact. From Red Cross reports,
Maj. Gen. Antonio M. Taguba's inquiry, James R.
Schlesinger's Pentagon-sanctioned commission and other
government and independent investigations, we have in our
possession hundreds of accounts of "cruel, inhuman and
degrading" treatment - to use a phrase of the Red Cross -
"tantamount to torture."
So far as we know, American intelligence officers,
determined after Sept. 11 to "take the gloves off," began
by torturing Qaeda prisoners. They used a number of
techniques: "water-boarding," in which a prisoner is
stripped, shackled and submerged in water until he begins
to lose consciousness, and other forms of near suffocation;
sleep and sensory deprivation; heat and light and dietary
manipulation; and "stress positions."
Eventually, these practices "migrated," in the words of the
Schlesinger report, to Abu Ghraib prison in Iraq, where for
a time last spring the marvel of digital technology allowed
Americans to see what their soldiers were doing to
prisoners in their name.
Though the revelations of Abu Ghraib transfixed Americans
for a time, in the matter of torture not much changed.
After those in Congress had offered condemnations and a few
hearings distinguished by their lack of seriousness; after
the administration had commenced the requisite half-dozen
investigations, none of them empowered to touch those who
devised the policies; and after the low-level soldiers were
placed firmly on the road to punishment - after all this,
the issue of torture slipped back beneath the surface.
Every few weeks now, a word or two reaches us from that
dark, subterranean place. Take, for example, this account,
offered by an unnamed F.B.I. counterterrorism official
reporting in August, more than three months after the Abu
Ghraib images appeared, on what he saw during a visit to
Guantánamo:
"On a couple of occasions, I entered interview rooms to
find a detainee chained hand and foot in a fetal position
to the floor, with no chair, food or water. Most times they
had urinated or defecated on themselves, and had been left
there for 18-24 hours or more...When I asked the M.P.'s
what was going on, I was told that interrogators from the
day prior had ordered this treatment, and the detainee was
not to be moved. On another occasion...the detainee was
almost unconscious on the floor, with a pile of hair next
to him. He had apparently been literally pulling his own
hair out throughout the night."
This is a fairly mild example when judged against the
accounts of the "abuses" that have entered the public
record. I put quotation marks around the word "abuses"
because most of these acts - as the F.B.I. agent
acknowledged ("the interrogators from the day prior had
ordered this treatment") - were in fact procedures, which
would not have been possible without policies that had been
approved by administration officials.
In the next few days we are likely to hear how Mr. Gonzales
recommended strongly, against the arguments of the
secretary of state and military lawyers, that prisoners in
Afghanistan be denied the protection of the Geneva
Conventions. We are also likely to hear how, under Mr.
Gonzales's urging, lawyers in the Department of Justice
contrived - when confronted with the obstacle that the
United States had undertaken, by treaty and statute, to
make torture illegal - simply to redefine the word to mean
procedures that would produce pain "of an intensity akin to
that which accompanies serious physical injury such as
death or organ failure." By this act of verbal legerdemain,
interrogation techniques like water-boarding that plainly
constituted torture suddenly became something less than
that.
But what we are unlikely to hear, given the balance of
votes in the Senate, are many voices making the obvious
argument that with this record, Mr. Gonzales is unfit to
serve as attorney general. So let me make it: Mr. Gonzales
is unfit because the slow river of litigation is certain to
bring before the next attorney general a raft of torture
cases that challenge the very policies that he personally
helped devise and put into practice. He is unfit because,
while the attorney general is charged with upholding the
law, the documents show that as White House counsel, Mr.
Gonzales, in the matter of torture, helped his client to
concoct strategies to circumvent it. And he is unfit,
finally, because he has rightly become the symbol of the
United States' fateful departure from a body of settled
international law and human rights practice for which the
country claims to stand.
On the other hand, perhaps it is fitting that Mr. Gonzales
be confirmed. The system of torture has, after all,
survived its disclosure. We have entered a new era; the
traditional story line in which scandal leads to
investigation and investigation leads to punishment has
been supplanted by something else. Wrongdoing is still
exposed; we gaze at the photographs and read the documents,
and then we listen to the president's spokesman
"reiterate," as he did last week, "the president's
determination that the United States never engage in
torture." And there the story ends.
At present, our government, controlled largely by one party
only intermittently harried by a timorous opposition, is
unable to mete out punishment or change policy, let alone
adequately investigate its own war crimes. And, as
administration officials clearly expect, and senators of
both parties well understand, most Americans - the
Americans who will not read the reports, who will soon
forget the photographs and who will be loath to dwell on a
repellent subject - are generally content to take the
president at his word.
But reality has a way of asserting itself. In the end, as
Gen. Joseph P. Hoar pointed out this week, the
administration's decision on the Geneva Conventions "puts
all American servicemen and women at risk that are serving
in combat regions." For General Hoar - a retired commander
of American forces in the Middle East and one of a dozen
prominent retired generals and admirals to oppose Mr.
Gonzales - torture has a way of undermining the forces
using it, as it did with the French Army in Algeria.
The general's concerns are understandable. The war in Iraq
and the war on terrorism are ultimately political in
character. Victory depends in the end not on technology or
on overwhelming force but on political persuasion. By using
torture, the country relinquishes the very ideological
advantage - the promotion of democracy, freedom and human
rights - that the president has so persistently claimed is
America's most powerful weapon in defeating Islamic
extremism. One does not reach democracy, or freedom,
through torture.
By using torture, we Americans transform ourselves into the
very caricature our enemies have sought to make of us.
True, that miserable man who pulled out his hair as he lay
on the floor at Guantánamo may eventually tell his
interrogators what he knows, or what they want to hear. But
for America, torture is self-defeating; for a strong
country it is in the end a strategy of weakness. After Mr.
Gonzales is confirmed, the road back - to justice, order
and propriety - will be very long. Torture will belong to
us all.
Mark Danner is the author of "Torture and Truth: America,
Abu Ghraib and the War on Terror."