What Came First: The Torture Or The Bush

Andrew Sullivan on The Rule Of Law and Bush:

"The lawyers we are talking about, after all, are lawyers for the president, whose oath of office demands that he faithfully execute the laws. These lawyers are not there to help him circumvent or break the law, but to ensure that it's followed. They violated that core responsibility and the sheer shoddiness of their work reveals that they knew it."

There was a legal and Constitutional way:

"If the president believed that following the law at that point would lead to the imminent deaths of thousands of people, then his constitutional responsibility was either to urge the Congress to repeal the Geneva Conventions and UN Convention, or to break the law because this once moment necessitated it and then present himself for trial. That's the Lincoln model. What Bush did instead was secretly break the law, invoke a constitutional theory that the executive can always break such laws in the furtherance of national security and order his lawyers to provide specious reasons why he had not done so. Then he lied about it repeatedly in public. Then when photographs from Abu Ghraib showed in graphic detail the horrifying reality of much milder techniques than the ones he had explicitly authorized, he blamed low-level soldiers and allowed them to take the fall. Then, over a year after Abu Ghraib and four years after 9/11, he set up an elaborate, ongoing program to torture prisoners, replete with lawyers, doctors, professional torturers, and psychologists. Then, when the International Committee of the Red Cross gave him a report detailing what it described as unequivocal torture, he shelved it, further violating his core responsibility to enforce the law."

The premeditated nature of Bush's torture is the core issue:

"I guess you could find all sorts of ways to say that this illegal behavior should be ignored because the chief executive has used every sophistry in the book to parse legal statutes against their plain meaning and intent. But why would that be your argument, rather than the simple one that the law be enforced as plainly written, and that a failure to enforce the law when the chief law-breaker is supposed to be the chief law-enforcer is a serious threat to our entire system of government?"

Source: Andrew Sullivan