The Worst Of The Worst

Sen. Pat Roberts, the Kansas Republican who chairs the Senate Intelligence Committee, said his vote against the ban doesn’t mean he favors torture. He rejected Durbin’s comments as ”not really relevant to what we are trying to do to detain and interrogate the worst of the worst so that we can save American lives.”

Roberts said that success with detention and interrogation depends on the detainee’s fear of the unknown. He suggested that passing a law and putting U.S. policies into a manual would tell detainees too much about what to expect.

”As long as you’re following the Constitution and there’s no torture and no inhumane treatment, I see nothing wrong with saying here is the worst of the worst. We know they have specific information to save American lives in terrorist attacks around the world. That’s what we’re talking about,” Roberts said.

People like Pat Roberts make that fatuous argument all the time. They always say we only capture the “worst of the worst” whom soldiers and CIA agents KNOW beforehand have information that they stubbornly refuse to share (unless we make him sit on an exhaust pipe causing softball size blisters on their backside.) We don’t need to apply any rules or laws because they deserve whatever they get. Of course, we don’t torture and wouldn’t dream of it and we always follow the constitution. But when we do it’s only because they are the worst of the worst.

Once again I’m drawn to ponder why we have all this pesky due process here at home if it is possible to know before hand that someone is undoubtedly guilty so whatever punishment they are premptively given is only what they deserve. In the US, we have cops and prosecutors who investigate in scrupulous detail before somebody is tried. We go through a whole lot of gyrations weighing the evidence and making arguments according to laws that have been made to ensure we come as close an approximation of the truth as we can find. We do this because it turns out that sometimes all those cops and prosecutors make mistakes or are corrupt or are anxious to catch a fearsome killer so they get the wrong man.

It’s quite cumbersome, but civilization determined some time ago that not only are torture and cruel and unusual punishment wrong — and it has been millenia since anyone has argued that condoning the torture, punishment or imprisonment of an innocent man is anything but immoral. Yet, that is essentially what this argument does. It must condone the imprisonment and torture of innocent people. It is impossible that we are always capturing only the worst of the worst. In fact, we know that we aren’t. Unless Senator Roberts is even dumber than he sounds, he has decided that torturing the occasional innocent person is just collateral damage.

The military code of justice, the Geneva conventions and the army code of conduct have all been designed to keep some sort of due process alive even in wartime so that we don’t descend into depravity and chaos. They are designed to keep us moored to the idea of justice and morality in the midst of violence. It makes it possible for us to explain what we are doing — to ourselves and others.

I recall during the great Clinton panty raid, the constant refrain about “what will we tell the children?” Everyone was concerned about the moral health of the next generation. How in the hell are people explaining to their children why we need a system of justice when we don’t need it to figure out who is “the worst of the worst.” How do you explain that torture is wrong except when it isn’t?

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