Is the US Government going to reaffirm the torturer’s right to immunity?
by digby
I don’t know how I missed this. Marcy Wheeler reports:
Yesterday, the New York Times reported (though the newspaper buried the story on page A21) that Obama Administration lawyers are debating whether the US has to comply with the Convention Against Torture’s prohibition on degrading treatment overseas.
It is considering reaffirming the Bush administration’s position that the treaty imposes no legal obligation on the United States to bar cruelty outside its borders, according to officials who discussed the deliberations on the condition of anonymity.
[snip]
The administration must decide on its stance on the treaty by next month, when it sends a delegation to Geneva to appear before the Committee Against Torture, a United Nations panel that monitors compliance with the treaty. That presentation will be the first during Mr. Obama’s presidency.
State Department lawyers are said to be pushing to officially abandon the Bush-era interpretation. Doing so would require no policy changes, since Mr. Obama issued an executive order in 2009 that forbade cruel interrogations anywhere and made it harder for a future administration to return to torture.
But military and intelligence lawyers are said to oppose accepting that the treaty imposes legal obligations on the United States’ actions abroad. They say they need more time to study whether it would have operational impacts. They have also raised concerns that current or future wartime detainees abroad might invoke the treaty to sue American officials with claims of torture, although courts have repeatedly thrown out lawsuits brought by detainees held as terrorism suspects.
In other words, in the next month or so, the Obama Administration will decide how serious it really is about Obama’s 5-year old promise to end torture.
Marcy’s analysis follows. It’s not clear what’s going to happen. Which is bad news because it should be.