It's no secret such cruelty occurred; it’s just the truth we’d rather not think about. But Memorial Day is a good time to make the effort. Because if we really want to honor the Americans in uniform who gave their lives fighting for their country, we'll redouble our efforts to make sure we’re worthy of their sacrifice; we'll renew our commitment to the rule of law, for the rule of law is essential to any civilization worth dying for.

After 9/11, our government turned to torture, seeking information about the terrorists who committed the atrocity and others who might follow after them. Senior officials ordered the torture of men at military bases and detention facilities in Afghanistan and Iraq, in secret CIA prisons set up across the globe, and in other countries – including Libya and Egypt -- where abusive regimes were asked to do Washington’s dirty work.

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The memo argues that the Convention Against Torture, and the Constitution’s prohibitions against cruel and unusual punishment, do indeed apply to the CIA’s use of “waterboard[ing], walling, dousing, stress positions, and cramped confinement.” Zelikow further wrote in the memo that “we are unaware of any precedent in World War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here, even when the prisoners were presumed to be unlawful combatants.” According to the memo, the techniques are legally prohibited, even if there is a compelling state interest to justify them, since they should be considered cruel and unusual punishment and “shock the conscience.”

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The records from this lawsuit between two sub-contractors involved in the renditions will eventually be taught in an undergrad history course titled "America: Where It All Went Wrong." Detainees were transported by the same companies that fly billionaires on private jets to their resort vacations. (The CIA doesn't have an air force, so they relied on massive government contractor DynCorp, which... just rented some private planes.)

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However, new evidence is emerging to the contrary, largely in anecdotal form. As Truthout reported this week, a number of stories have come out about forced water choking and other uses of water for torture at sites including Gitmo.

Investigative reporter Jeremy Scahill discussed the issue with Keith Olbermann Thursday. He recalled an incident he had investigated (which would not be classified as waterboarding) of a former Guantanamo detainee having a high pressure water hose fixed up a nostril. Water would be forced up his head until suffocation.

Scahill noted President Obama's "extremely poor record" at holding people accountable for torturous acts and expressed concern that little has changed at Guantanamo.

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The United States’ top special operations commander told Congress that because the United States has no place to hold captured terrorists we have simply been letting them go.

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Now, you couldn't call me a legal scholar. I've never set foot inside a law school, and in 66 years only made it onto a single jury (dismissed before trial when the civil suit was settled out of court). Still, I feel at least as capable as any constitutional law professor of answering such questions.

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Now comes presidential candidate and "enhanced interrogation" supporter Rick Santorum arguing on Hugh Hewitt's radio show that McCain simply "doesn’t understand how enhanced interrogation works." Yes, he's talking about the same John McCain who, in his five and a half years as a prisoner of war in North Vietnam, was interrogated during a program of beatings and torture.

Here's Santorum:

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The question has been addressed frequently in the past week and a half, by everyone from John Yoo to Glenn Greenwald. The latest public figure to express his opinion on the matter is Arizona Senator John McCain.

In a Washington Post op-ed on Thursday, McCain pushed back powerfully against those on the right, such as former Bush administration Attorney General Michael Mukasey, who suggest that information obtained through torture helped American forces to pinpoint bin Laden.

McCain writes:

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Yoo, who credits former president Bush's interrogation policies with substantial success in leading Obama and his team to Osama bin Laden, again stressed his belief that terrorists should be captured and questioned rather than killed.

But he also went further, suggesting that the Navy SEALs sent to Abbottabad were not given the option of taking bin Laden alive. "If they were going in with no options other than to kill [bin Laden], then I do think that's a problem -- and that's what it's starting to sound like from the information that's coming out of Washington right now."

"It does seem from the initial reports that a deliberately small force was sent in and there wasn't a lot of thought given to the idea of capturing him."

"They don't want to capture high-level al-Qaida leaders," Yoo said of Obama's administration. Watch video of the interview here:

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The killing of Osama bin Laden has, as The New York Times notes, reignited the debate over "brutal interrogations" -- by which it's meant that Republicans are now attempting to exploit the emotions generated by the killing to retroactively justify the torture regime they implemented. The factual assertions on which this attempt is based -- that waterboarding and other "harsh interrogation methods" produced evidence crucial to locating bin Laden -- are dubious in the extreme, for reasons Andrew Sullivan and Marcy Wheeler document. So fictitious are these claims that even Donald Rumsfeld has repudiated them.

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This was all thanks to George W. Bush

Osama bin Laden was killed thanks to the resolve and fortitude of President George W. Bush. Pointing out that the Bush administration tried, failed, and then largely gave up on capturing bin Laden, is "politicizing the bin Laden kill." ("Politicizing" is when Democrats take credit for something good and popular.)

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Just in case you thought that "political correctness" had been thoroughly discredited in the culture wars of the 1990s, it's back -- and this time it's being treated as a stalking horse for terrorism and getting pummeled all over again.

You only had to listen to the recent hearings convened by New York Republican Congressman Peter King on radicalization and the Muslim religion to know that, if the ascending right in Washington (and elsewhere) has its way, the age of tolerance in America is over. In the name of putting political correctness in its grave, a surprisingly sizeable contingent of politicians, judges, and other influential figures are now calling for transforming draconian behavior -- that once would have made Americans blanche -- into the order of the day.

Blaming Political Correctness for Terrorism

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 One of the most intense scandals the field of psychology has faced over the last decade is the involvement of several of its members in enabling Bush's worldwide torture regime. Numerous health professionals worked for the U.S. government to help understand how best to mentally degrade and break down detainees. At the center of that controversy was -- and is -- Dr. Larry James. James, a retired Army colonel, was the Chief Psychologist at Guantanamo in 2003, at the height of the abuses at that camp, and then served in the same position at Abu Ghraib during 2004.  

Today, Dr. James circulated an excited email announcing, "with great pride," that he has now been selected to serve on the "White House Task Force entitled Enhancing the Psychological Well-Being of The Military Family."  In his new position, he will be meeting at the White House with Michelle Obama and other White House officials on Tuesday.

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To follow-up on yesterday's observations about the prolonged forced nudity to which Bradley Manning has been subjected the last two days:  brig officials now confirm to The New York Times that Manning will be forced to be nude every night from now on for the indefinite future -- not only when he sleeps, but also when he stands outside his cell for morning inspection along with the other brig detainees.  They claim that it is being done "as a 'precautionary measure' to prevent him from injuring himself."  

Has anyone before successfully committed suicide using a pair of briefs -- especially when under constant video and in-person monitoring?  There's no underwear that can be issued that is useless for killing oneself?  And if this is truly such a threat, why isn't he on "suicide watch" (the NYT article confirms he's not)?  And why is this restriction confined to the night; can't he also off himself using his briefs during the day? 

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A planned trip by Bush to speak at the Switzerland-based United Israel Appeal later this week has been canceled after several human rights groups called for Swiss authorities to arrest Bush and investigate him for authorizing torture. Bush has traveled widely since leaving office, but not to Europe, where there is a strong tradition of international prosecutions.

The Swiss group and Bush's spokesman claim that it was threats of protest, not of legal action, that prompted the cancellation. But facing protests is nothing new for Bush. What was different about this trip was that groups including Amnesty International and the Center for Constitutional Rights argued that Switzerland, as a party to the UN Convention against Torture, is obligated to investigate Bush for potential prosecution.

Amnesty's memo to Swiss authorities cites, among other things, Bush's admission in his own memoir that he approved the use of waterboarding. From Amnesty's press release:

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Former Defense Secretary Donald Rumsfeld says in a new book that he wanted to oversee the initial reconstruction of Iraq following the United States’ invasion of the country but he was rebuffed by President George W. Bush.

"Bush didn’t cotton to the idea," Rumsfeld writes in his yet-to-be-released memoir Known and Unknown, excerpts of which were obtained by POLITICO.

"'What if we had a problem with North Korea?'" Bush asked, according to a scene that Rumsfeld said took place just before the 2003 invasion.

"'Well, Mr. President, if that happened,' I replied, 'I would come home immediately.' The President thought about that for a moment. Then he shook his head. 'No, Don, you need to be here.' I should have pressed the point harder."

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Amnesty International has written a letter to Defense Secretary Robert Gates objecting to the conditions of Bradley Manning's detention, which was first reported here.  The group denounces the oppressive conditions under which Manning is being held as "unnecessarily harsh and punitive," and further states they "appear to breach the USA’s obligations under international standards and treaties, including Article 10 of the International Covenant on Civil and Political Rights."  The letter describes Manning's treatment as particularly egregious "in view of the fact that he has no history of violence or disciplinary infractions and that he is a pre-trial detainee not yet convicted of any offence." Moreover:

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