Torture is at the very heart of the Bush presidency, the most quintessential manifestation of its governing philosophy: a "Commander-in-Chief" state, where presidential directives can override any law in the name of "national security." The use of torture demonstrates that not even the most heinous crimes -- including techniques used by Nazi sadists and KGB brutes -- are beyond the pale of the "unitary executive's" arbitrary will. On the basis of this authoritarian power -- established through a series of presidential orders and "legal" opinions by appointed lackeys -- many other crimes can be "justified": aggressive war; kidnapping and rendition; indefinite detention; secret prisons; warrantless surveillance; even the "extrajudicial killing" of people the president designates as terrorists or terrorist "suspects."
The highest officials of the Bush Administration have gone to enormous lengths to twist, pervert and destroy legal precepts that have been in force in Anglo-American law for centuries -- precisely because they know that their policies are criminal under any reasonable understanding of the law. Bush, and the likely prime mover of the torture regime, longtime authoritarian Dick Cheney, were told at the very beginning that the policies they were instigating would leave them and their minions open to criminal charges. That's why the Administration's legal hacks have devoted so much relentless attention on subverting the Geneva Conventions, which are incorporated into and have the full force of American law.
Bush and his minions know that if the rule of law is ever restored -- even partially and imperfectly -- they will be rightly be subject to prosecution, imprisonment and possibly even execution.
And this is why torture is the core issue -- perhaps the only real issue -- in the presidential campaign. Iraq is not really an issue; whoever wins, the war will go on, in one form or another. Even under the so-called withdrawal plans of the "progressive" candidates, Americans will be killing and dying in Iraq for years to come. As for the economy, by their own admission none of the presidential aspirants will do anything more than tinker around the edges of the present rapacious system -- an unholy marriage of crony capitalism and corporate socialism that has devastated America's communities, left millions with harsher, diminished lives, corrupted civic society and degraded and homogenized American culture. For the elite factions that thrive on war profits and the brutal economic structure, none of the candidates represents a serious enough threat for any action -- beyond the usual lying, sabotage, vote-rigging and media manipulation to get their favorite into power, of course.
But torture is a different matter. Consider how many very powerful people -- and hundreds of their minions -- face very serious charges if the next president decides to apply the law. Will they really allow this to happen? Or even risk allowing this to happen?
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