Do We Still Abide by Torture Treaties?

Glenn Greenwald argues that we should prosecute our public figures (read Cheney, etc.) who authorized torture under the War on Terror. Also, he breaks down a recent Gallup Poll on a majority of American's who favor criminal investigations of Bush Administration activities. Lastly, John Yoo may finally get his do!

The U.S. really has bound itself to a treaty called the Convention Against Torture, signed by Ronald Reagan in 1988, and ratified by the U.S. Senate in 1994. When there are credible allegations that government officials have participated or been complicit in torture, that Convention really does compel all signatories -- in language as clear as can be devised -- to "submit the case to its competent authorities for the purpose of prosecution" (Art. 7(1)). And the treaty explicitly bars the standard excuses that America's political class is currently offering for refusing to investigate and prosecute: "No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture" and "an order from a superior officer or a public authority may not be invoked as a justification of torture" (Art. 2 (2-3)). By definition, then, the far less compelling excuses cited by Conason (a criminal probe would undermine bipartisanship and distract us from more important matters) are plainly barred as grounds for evading the Convention's obligations.

...[ALSO] ... Finally, Newsweek's Michael Isikoff -- echoing a report from John Yoo's Berkeley colleague Brad DeLong -- reports that an internal DOJ probe (initiated during the Bush administration) has preliminarily concluded that Bush DOJ lawyers who authorized torture (John Yoo, Jay Bybee, Stephen Bradbury) violated their professional duties as lawyers by issuing legal conclusions that had no good faith basis, and that this behavior will be referred to their state bar associations for possible disciplinary action. Those conclusions so infuriated the allegedly honorable Michael Mukasey that he refused to accept the report until changes were made. Now it is up to Eric Holder to accept and then release that report.