Balkinization

I think I could write for many hours about the serious affront to American traditions of law, justice, and basic human decency that is the Republican "compromise" legislation on torture and military commissions released last week. But Jack Balkin has expressed my sentiments better than I ever could.

I hoped, but was not myself convinced, that Americans would reject overt acts of torture carried out in our names as a matter of policy; that Americans tolerated documented abuses such as those at Guantanamo and Abu Ghraib as long as they could console themselves that such atrocities were aberrations, the result of bad apples. Now we'll find out how deep our bloodlust really goes, and how prepared we are to abandon values that have held sway in this country for at least the last fifty years and that have won acceptance and admiration around the world. I fear the answer will be most disappointing and frightening.

Balkinization: "I blame our leaders. But I also recognize that we Americans bear some measure of responsibility as well. We failed to speak out when the news first leaked out that our forces were engaged in torture and repeated acts of cruelty, and we failed to speak out when further revelations disclosed that our leaders had actually authorized some of it-- and turned a blind eye to the rest. We were told, again and again that this was happening, and we didn't protest. We didn't show our leaders that we cared about the corruption of American values. The reason why the President and his Administration are daring to offer this bill now is that they believe that we Americans will not punish them politically for doing it. Quite the contrary: they believe that we Americans will think them strong and courageous and forceful for doing so.

They think that we Americans will actually reward them at the polls for legalizing torture.

That is one of the most chilling things about this entire episode. Have we become so complacent as a country, so easily lied to, that our leaders now think that they can legalize torture before our very eyes and that we will actually thank them for doing so?

This bill surfaces just as Jews around the world are ready to begin the High Holy Days, celebrating a new year, and asking for God's forgiveness and atonement for our sins.

This year, I think we in America have a great deal to ask God to forgive us for."