Today's Stories

May 6, 2008

Pam Martens
The Obama Bubble Agenda

May 5, 2008

Pam Martens
Obama's Money Cartel

Conn Hallinan
The Syrian Affair

Corey D. B. Walker
The End of Politics

Uri Avnery
Crusader Anxiety: Israel at 60

Dave Zirin
Refocusing Olympic Protest

Corporate Crime Reporter
Wiist's Crusade Against Corporations

Robert Jensen
The Selling and Shaping of Our Souls

Daniel White
What People Want to Hear About in Austin, Texas

Benjamin Dangl
May Day Raid on General Dynamics

Website of the Day
McCain's Pastor of Hate: "Starve. I Don't Care. Starve."

May 3 / 4, 2008

Alexander Cockburn
Has Rev. Wright Cost Obama the Presidency?

Nikolas Kozloff
The Shameful Failure of the Black Congressional Caucus

Diane Farsetta
What the Pentagon Pundits Were Selling on the Side

Tariq Ali
New Labour is Dead

Harry Browne
The USA's Other Island: Irish Leaders and the War on Terror

Wajahat Ali
Pakistan's New Daughter of Destiny? An Exclusive Interview with Fatima Bhutto

David Yearsley
A Challenge to Jeffrey Eugenides

Greg Moses
Salamat, Riad Hamad

William Blum
Rev. Wright, the CIA and the AIDS Thing

Robert Fantina
The Rhetoric of John McCain

Fred Gardner
The Greatest Story Never Told

Dave Lindorff
Blame It On Paraguay: The Bush Family's Bad Real Estate Deal

Seth Sandronsky
Standardizing Learning

Binoy Kampmark
Brown, Boris and the British Council Elections

Howard Lisnoff
The Lost First Amendment

Daniel Cassidy
Slanguage: Paddy Works on the Erie

Bill Moyers
Shrink-Wrapping the Theology of Rev. Wright

Jeffrey St. Clair
Booked Up

Poets' Basement
John Holt / Akbar Khan

Website of the Weekend
Ed Abbey, Patron Saint of the Walker's Rights Movement

May 2, 2008

Andrew Cockburn
Secret Bush "Finding" Widens Covert War on Iran

David Isenberg
The Return of Limited Nuclear War?

Vijay Prashad
Driven to Terror: the Case of the Lackawana Six

William Blum
Spies Without Borders

David Macaray
Shutting Down the West Coast Ports: the ILWU's May Day Strike

Rannie Amiri
Is Sadr City Becoming the Next Gaza?

William James Martin
The Carter Coup

Stephanie Westbrook
As Italy Lurches Rightward, a Ray of Hope from Vicenza

Linn Washington, Jr.
A Battle Over Murals in Parisian Ghettos

Anthony Papa
How the Byrne Fund Corrupts Cops and Destroys Lives

Website of the Day
The Serota Petition

May 1, 2008

Michael Hudson
The Fed Sinks the Dollar

Behzad Yaghmaian
Blaming the Yuan for the Deficit with China

Wajahat Ali
The Dark Knight: the Real Rise of Obama

Dedrick Muhammad
Senator Obama, Please Come to Your Senses

Cynthia McKinney
Police in America Can Kill Some People With Impunity

Corporate Crime Reporter
Farm Broadcaster Fired After Ripping Monsanto's Goon Squads

Manuel Garcia, Jr.
The Speech That Might Have Been

Reza Fiyouzat
Stop Obliterating Yourself!

Leigh Saavedra
Suspending the Federal Gas Tax

Tom Semioli
Hollywood Hypocrite: an Open Letter to Michael Moore

Website of the Day
Why Won't McCain Release His Medical Records?

April 30, 2008

William P. O'Connor
The Day I Lost My Innocence

Bob Fitrakis /
Harvey Wasserman
Did the Supreme Court Just Elect John McCain?

Tariq Ali
Storming Heaven: 1968 Revisited

John Ross
Bad Jazz in NOLA: Three NAFTA Leaders Sit It for the Last Time

Glen Ford
Pop Goes the Race-Neutral Campaign!

Joshua Frank
Election Season Piffle: Thinking Outside the Voting Booth

Ashley Smith
Iraq After Basra

Robert Weissman
Medical R&D That Works in the Developing World

Sen. Russ Feingold
Bush's Shroud of Secrecy

Website of the Day
Richard Nixon, April 30, 1970

April 29, 2008

Uri Avnery
The Military Option

Roedad Khan
Why Gen. Musharraf Must Go

Chris Floyd
The Torture Election

Paul Craig Roberts
The Iraq War Morphs Into the Iran War

Dave Lindorff
Invasion of the Pumpheads

Mats Svensson
Mental Barriers in Palestine

Peter Morici
Will the Fed Broaden Its Focus?

Mike Ferner
Inside American Royalty's Security Bubble

John Weisheit
Towing Icebergs to San Pedro

Amit Srivastava
China Olympics, Tibet Crackdown, Coke Profits

Website of the Day
Tom Friedman Gets Creamed

April 28, 2008

JoAnn Wypijewski
On Queen's Boulevard, the Night Sean Bell's Killers Got Off

Mike Whitney
Jeremiah Wright Delivers the Knockout Punch: But Will It Topple Obama?

Iris Keltz
The Fruiting Fig Tree: Memories of East Jerusalem

Steve Niva
The New Walls of Baghdad: the Israeli Model Surges Toward Iraq

David Macaray
CAFTA's Bloodtrails

John Ross
"Adelitas" Shut Down Mexico's Congress

Stephen Lendman
The Politics of Green Scare

Malou Innocent
On "Withdrawing Responsibly" from Iraq

Christopher Brauchli
Want to Learn the Ins-and-Outs of the Slumping Economy? Just Ask Ashley ...

William Kaufman
Michael Moore's Embrace of Obama: a Polemic Devoid of Politics

Website of the Day
Get Your Fix

April 26 / 27, 2008

Alexander Cockburn
Nothing Will Get Hillary Out of the Race

Ralph Nader
A World of Hunger

Peter Camejo
A Crying Shame: the Wages of Left Capitulation

Harvey Wasserman
Making You Pay for the Next Chernobyl--in Advance!

Franklin Lamb
Will U.S. Policy in Lebanon and the Middle East Ever Change?

Wajahat Ali
Fisk Fighting: an Exclusive Interview with Robert Fisk

Mike Whitney
Food Riots and Speculators

Andrew Wimmer
Obliterate Them!

David Yearsley
Nero, Frederick the Great, Nixon ... They All Did It Better Than Clinton

Greg Moses
Chicago: the Stupid Experiment

Ron Jacobs
Walking the Lonely Road

Robert Fantina
Bush v. Carter: Let History Judge

Missy Comley Beattie
Introducing President McCain

Linn Cohen-Cole
The Criminalization of Raw Milk: a Mennonite Farmer is Hauled Away

Paul Krassner
Remembering Ruben Salazar

Jeffrey St. Clair
Booked Up

Poets' Basement
Buknatski, Khaiyat, Lair, and Kowit

Website of the Weekend
Justice for Sean Bell

April 25, 2008

George Ciccariello-Maher
Embedded with the Tupamaros

Dave Lindorff
The Bitter and the Biased: How Clinton Courted Racists in Pennsylvania

Franklin Lamb
The Israeli Project Has Failed in Lebanon

Alan Farago
Hacking the Development Code: the Politics of Zoning in Florida

John W. Farley
Syiran Nukes: the Phantom Menace

Kathleen M. Barry
Some Questions for "Femininists for Clinton:" Is There Really Any Difference Between Hillary and Condi?

Mohammed Alireza
Cowboys and Iranians

Nick Dearden
Haiti and the Black Hole of Debt

Carmelo Ruiz Marrero
Why Biotech is Betting on Biofuels

Bruce Springsteen
Farewell to Danny

Website of the Day
It's Bigger Than Hip Hop

April 24, 2008

Linn Washington, Jr.
Duplicity Demeans Clinton Campaign (or When Bill Praised Farrakhan)

Franklin Lamb
Bush to Nasrallah: an Offer Hezbollah Cannot Refuse?

Jennifer Van Bergen
The High Crimes of John Yoo: the President's Executioner

Joanne Mariner
U.S. Hypocrisy and the Malaysian Guantánamo

Mark Engler
Trade Politics and the Battle for the Soul of the Democratic Party

Dave Lindorff
The Politics of Obliteration: Hillary's Monstrous Threat

John Blair
Obama's Missed Opportunities in Evansville: Did He Even Know It Was Earth Day?

De Clarke / Stan Goff
Politics is Food is Politics

Binoy Kampmark
Bowling for Boris: the Tories, Red Ken and the London Mayoral Race

Philippe Marlière
Sarkozy and the Specter of May 68

Peter Morici
The Bank of England Misses the Point

Website of the Day
Fair Food Nation

April 23, 2008

Cockburn / St. Clair
Straggling to Denver

Vijay Prashad
McCain's Mask

Paul Craig Roberts
What the Iraq War is About

Stephen Soldz
The Involuntary Drugging of U.S. Detainees

Laura Santina
Hillary: Another Feminist Perspective

John Stauber /
Sheldon Rampton
Pentagon News Networks

Dave Lindorff
What Double Digit Win? Media Round Up in PA

George Ciccariello-Maher
Radical Chavismo Growls a Challenge

Ralph Nader
Andy Stern's Rackets

John Weisheit
Rearranging Deck Chairs at Glen Canyon Dam

Website of the Day
Wal-Mart's "Cost of Admission"

April 22, 2008

David Isenberg
Spinning Saddam's Linkages

Stan Cox
The Political Economics of Greenwashing

David Macaray
Memo to the Clinton Campaign: They Are Still Murdering Labor Unionists in Colombia

Jeff Birkenstein
Playing the Opposite Game: Or Why Can't I Sell Out?

Mike Whitney
Memo to Bernanke: Enough With the Rate Cuts, Already!

Nikolas Kozloff
Bush's Paraguayan Fiasco

Floyd Rudmin
From Lhasa to Bilbao: Journey of a Double Standard

Carlos Villarreal
Why John Yoo Should be Dismissed From Boalt Law School--And Prosecuted

Ray McGovern
What About the War, Pope Benedict?

Michael Gould-Wartofsky
El Barrio Fights Back Against Globalized Gentrification

Robert Ovetz
A Fish Tale

Pat Wolff
Rightwing Power Grab in Cornhusker State

Website of the Day
Defend the Rutgers 3!

April 21, 2008

Bill Quigley
The U.S. Role in Haiti's Food Riots

Uri Avnery
The Lion and the Gazelle

Dave Lindorff
The U.S. Economy and the Costs of War

Wajahat Ali
Finding Osama Bin Laden with Morgan Spurlock

Andy Worthington
Hollow Gestures at Guantánamo

Robert Jensen
The Sorrows of Race and Gender

Ron Jacobs
Clampdown at Evergreen

Dan Bacher
The Great Salmon Closure

Harvey Wasserman
Where's George?

Danny Alexander
Remembering Danny Federici

Website of the Day
Save Our Taco Trucks!

April 19 / 20, 2008

Alexander Cockburn
McCain: What Really Happened When He Was a POW?

Patrick Cockburn
A New Struggle is Beginning in Iraq

Wajahat Ali
Zinn Speaks

Andrew Wimmer
Papal Benedictions

Rev. William E. Alberts
Jeremiah Wright and America's Continuing "Separate and Unequal" Societies

David Rosen
Texas Two-Step: The Polygamy Raid and the Regulation of Sexual Life

Robert Fantina
McCain Detests War?

Ramzy Baroud
The Politics of Armageddon: McCain's Pastors and the Middle East

Saul Landau
The No Escape Clause on Iraq

Dr. Susan Block
Raelians, Aliens and Evolution

David Yearsley
Suitcase Arias and Ithacan Jazz

Phyllis Pollack
On the Red Carpet with the Rolling Stones

Jeffrey St. Clair
Booked Up

Poets' Basement
Hartz, Newberry and Khaiyat

April 18, 2008

John Ross
The Bush Legacy: Losing Latin America

Dave Lindorff
Courage and Conviction: In Praise of Bill Ayers

Dan Glazebrook
An Interview with Robert Fisk

Carl Finamore
A Look Inside the Hangars

Rannie Amiri
J Street: Do We Really Need Another Pro-Israel Lobby?

Richard Morse
A Creepy Roadblock at Midnight

Ko Young-dae
CONPLAN 8022: Inside Bush's Nuclear War Plan for the Korean Peninsula

Farooq Sulehria
A Himalayan Surprise

April 17, 2008

Michael Hudson
Hillary Joins the Vast Rightwing Financial Conspiracy

Robert Bryce
The Ethanol Apologists

Kathy Kelly
Weary of War? Don't Collaborate

Madis Senner
The Carrion Feeders' Ball: How Hedge Funds Reap Billions Off Economic Misery

Peter Morici
The G7, the Banks and GE

Ron Jacobs
Washington, al-Maliki and the Militias

William S. Lind
A Confirming Moment in Basra

James Murren
Obama's Disconnect with Small Town America

Ben Terrall
Losing Haiti

Walter Brasch
Political Log Rolling in Clinton County, PA

Website of the Day
Stealth Attack: Homegrown "Terrorism" Bill

April 16, 2008

Bill Kauffman
The Candidates from Nowhere

Roxanne Dunbar-Ortiz
Colonization and Massacres

Saul Landau
How to Leave Iraq

Peter Morici
McCain's Economic Plan: GOP Out of Ideas (But So are the Democrats)

Eric Toussaint /
Damien Millet
Bankers Saved, Human Rights Sacrificed

Jeff Ballinger
Inside Nike's Asian Sweatshops: Squeezed Vietnamese Workers Strike Back

David Macaray
Union Strikes and Replacement Workers

Gary Leupp
Electoral Revolution in Nepal

Richard Morse
The Food Riots in Haiti

George Ciccariello-Maher
Einstein Turns in His Grave

Dave Lindorff
Letters from the Bitter Belt

Website of the Day
Surviving Prozac

April 15, 2008

Ralph Nader
The Politics of Distraction in an Age of Gotcha Capitalism

Uri Avnery
Manifest Destiny and Israel

Brian Cloughley
Arrogant Lies

David Price
Outrageous Pre-Tour de France Ban

Joe Bageant
Bitter America: Media Shit Storms and Heartland Reality

Steve Early
The Purple Punch-Out in Dearborn

Mats Svensson
To Create Something from Nothing: the Making of a Palestinian State

Michael Donnelly
Dead-Eye Hil and the Elitist

April Howard /
Benjamin Dangl
Dissecting the Politics of Paraguay's Next President

Laray Polk
Let's Not Put the Torch in a Bubble

Charles Modiano
What Does a Woman Have to Do to Get on the Cover of Sports Illustrated?

Website of the Day
The $3 Trillion Shopping Spree

April 14, 2008

Carl Finamore
Airline Deregulation Makes a Hard Landing

Michael Hudson
A Trillion Dollar Rescue for Wall Street Gamblers

M. Shahid Alam
Hizbullah's Big Win: Has Israel Finally Met Its Match?

Patrick Cockburn
A Cleric, a Pol and a Warrior

Paul Craig Roberts
Petraeus Sets Up Iran

Joanne Mariner
Redition to Jordan: What Happens When the Gloves Come Off?

Martha Rosenberg
Suicide and Cymbalta

Dave Lindorff
The Bitterness Thing: Is Obama Channeling Nader

P. Sainath
Hot Messages to Sex Dancer Doom Condi's New Finnish Pal

John V. Whitbeck
On Hypocrisy Over Tibet: a Personal Reflection

Website of the Day
Spying on Environmental Groups

April 12 / 13, 2008

Alexander Cockburn
Olympic Torch Toasts US Candidates

Patrick Cockburn
Warlord: the Rise of Muqtada al-Sadr

Mike Whitney
Want to Save the Economy?

David Yearsley
Film Scores and Westerns: the Stealth Cavalry of Empire

Robert Fantina
Bush's Brand of Morality

Conn Hallinan
Another Defining Moment in Iraq

Bill Hatch
In Praise of Hippies and the Counter-Culture

Ramzy Baroud
The Basra Battles

George S. Hishmeh
Back to Square One

Ron Jacobs
The New New Left in Latin America

Nikolas Kozloff
Olympic Torch in Buenos Aires

Charles Thomson
The British Prime Minister and the Tate's Tin of Shit

Alexander Billet
The Disney-fication of CBGB

Missy Beattie
Huffing and Puffing to Failure

David Michael Green
America's Jones for War

Seth Sandronsky
Education Entrepreneurs

Prairie Miller
Meeting David Wilson

Jeffrey St. Clair
Booked Up

Poets' Basement
Ko Un, Ibn Salma and Greaves

Website of the Weekend
Americans United for Palestinian Human Rights

April 11, 2008

Nikolas Kozloff
The Clintons and Their Sordid Colombia Advocacy

Wajahat Ali
Revenge of the Ghetto Nerd: an Exclusive Interview with Junot Diaz

Sharon Smith
Let Them Eat Ethanol!

Yigal Bronner / Neve Gordon
Digging for Trouble: the Politics of Archaeology in East Jerusalem

Alan Farago
Eating South Florida

Dave Lindorff
On Waking Sleeping Giants: Lessons for America from China

George Wuerthner
Money for Nothing? The Problems with the Conservation Reserve Program

Christopher Brauchli
Prostitutes Don't Do Funerals

Website of the Day
Animals Explain the Insurance Industry: a Health Care Video

April 10, 2008

Mathieu Vernerey
Tibet for the Tibetans!

Elizabeth Schulte
Slavery in the Fields

David Macaray
Labor Unions Will Never Get a Fair Shake

Ashley Smith
The Rise of Muqtada al-Sadr

Peter Morici
Driving Up Debt and Dragging Down Growth

Jacob Hornberger
The Military's Distintegrating Family Life

Harold Austin
Snitch or Else: Prison Officials Threaten Gang Drop Outs

Website of the Day
Hillary: the Wal-Mart Videos

April 9, 2008

Paul Craig Roberts
The Fading American Economy

Winslow T. Wheeler
Congressional Theater: the Petraeus / Crocker Hearings

C. Hand
Why Dave Marash Left Al Jazeera

Paul Krassner
Sex and Violins

Paul Wolf
Colombian "Magnicidio" Remains a Mystery After 60 Years

Wajahat Ali
Alien Invasion!

Karyn Strickler
Lost in the Fumes: the Sierra Club Sells Out to Clorox

Dan La Botz
Confronting the Economic Crisis

Eric Walberg
The Shadow of Munich: Another NATO Flop

Robin Millenthal
Enough Already! Growth and the Tar Sands Economy

Website of the Day
Conservative Nanny State

April 8, 2008

Mike Whitney
Should Khalid Sheikh Mohammed be Set Free?

Nikolas Kozloff
Bush Bullies Congress on Colombia Deal

Greg Moses
Migrant Detention in South Texas

Joshua Frank
The Other Military Draft

John Ross
Mexico City's Urban Tribes Go on the Warpath Against EMOS

Michael Donnelly
Hillary's Western Swing

John V. Walsh
Why Obama Lost Massachusetts

Jeff Nygaard
Health, Security and Mandates

Bill Piper
Last Shot for a Bush Legacy?

Sen. Russ Feingold
Legal Representation and the Death Penalty

Website of the Day
Catonsville 9, Forty Years Later

April 7, 2008

Ishmael Reed
The Irish Black Thing

Harry Browne
Irish Peace Activist Acquitted; Deported

Uri Avnery
Tibet and Palestine

Lenni Brenner
Obama's Constitution, His Pastor and His Unbelieving Mom in Heaven

Ayesha Ijaz Khan
America Must Respect Pakistan's Democracy

Robert Fisk
Fearful Lives in the Land of the Free

Edwin Krales
Ensuring the Success of Fascism in Spain: the US Corporate Role

Chris Genovali
Vancouver Island's Dwindling Ancient Forests

Website of the Day
LA Artists Against War

April 5 / 6, 2008

Alexander Cockburn
Did the Elites Want MLK Dead?

Ramzy Baroud
There are No Checkpoints in Heaven

Ralph Nader
Runaway Bailouts

David Yearsley
How Scott Joplin Had Wall Street Down

Saul Landau
Sex Politics in America

Paul Craig Roberts
The Petraeus and Crocker Show

Lawrence Korb / Ian Moss
Rev. Jeremiah Wright, a True Patriot

Seth Sandronsky
Meet America's Promise Alliance: Colin Powell's New Gig

John Ross
La Cumbia de la Doctrina Bush: Colombia Kills Four Mexican Students in Ecuador Bombing

Robert Fantina
McCain, Republicans and Family Values

David Michael Green
Back to Disaster: Hoover at Home, Tet Abroad

Missy Beattie
McCan't

Patrick Bond
Vultures Circle Zimbabwe

Dr. Susan Block
The New American Pot Dealers

Phyllis Pollack
The Stones Meet the Press

Adam Engel
The Boobus in the Lie

Jeffrey St. Clair
Booked Up

Poets' Basement
Diamand and St. Clair

Website of the Weekend
Richard Pryor Goes to the Gun Shop

Subscribe Online

Why John Yoo and Other Top Administration Lawyers Should be Investigated for War Crimes

Under U.S. Law Torture is Always Illegal

By MARJORIE COHN

What does torture have in common with genocide, slavery, and wars of aggression? They are all jus cogens. Jus cogens is Latin for "higher law" or "compelling law." This means that no country can ever pass a law that allows torture. There can be no immunity from criminal liability for violation of a jus cogens prohibition.

The United States has always prohibited the use of torture in our Constitution, laws executive statements and judicial decisions. We have ratified three treaties that all outlaw torture and cruel, inhuman or degrading treatment or punishment. When the United States ratifies a treaty, it becomes part of the Supreme Law of the Land under the Supremacy Clause of the Constitution.

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, says, "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture."

Whether someone is a POW or not, he must always be treated humanely; there are no gaps in the Geneva Conventions. He must be protected against torture, mutilation, cruel treatment, and outrages upon personal dignity, particularly humiliating and degrading treatment under, Common Article 3.

In Hamdan v. Rumsfeld, the Supreme Court rejected the Bush administration's argument that Common Article 3 doesn't cover the prisoners at Guantánamo. Justice Kennedy wrote that violations of Common Article 3 are war crimes.

We have federal laws that criminalize torture.

The War Crimes Act punishes any grave breach of the Geneva Conventions, as well as any violation of Common Article 3. That includes torture, willfully causing great suffering or serious injury to body or health, and inhuman, humiliating or degrading treatment.

The Torture Statute provides for life in prison, or even the death penalty if the victim dies, for anyone who commits, attempts, or conspires to commit torture outside the United States.

The U.S. Army Field Manual's provisions governing intelligence interrogations prohibit the "use of force, mental torture, threats, insults, or exposure to unpleasant and inhumane treatment of any kind." Brainwashing, mental torture, or any other form of mental coercion, including the use of drugs, are also prohibited. Military personnel who mistreat prisoners can be prosecuted by court-martial under provisions of the Uniform Code of Military Justice. These include conspiracy, cruelty and maltreatment, murder, manslaughter, maiming, sodomy, and assault.

In Filartiga v. Peña-Irala, the Second Circuit declared the prohibition against torture is universal, obligatory, specific and definable. Since then, every U.S. circuit court has reaffirmed that torture violates universal and customary international law. In the Paquete Habana, the Supreme Court held that customary international law is part of U.S. law.

The Constitution gives Congress the power to make the laws and the President the duty to carry them out. Yet on February 7, 2002, President Bush, relying on memos by lawyers including John Yoo, announced that the Geneva Conventions did not apply to alleged Taliban and Al Qaeda members. Bush said, however,

"As a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva."

But torture is never allowed under our laws.

Lawyers in the Department of Justice’s Office of Legal Counsel wrote memos at the request of high-ranking government officials in order to insulate them from future prosecution for subjecting detainees to torture. In memos dated August 1, 2002 and March 18, 2003, former Deputy Assistant Attorney General John Yoo (Jay Bybee, now a federal judge, signed the 2002 memo), advised the Bush administration that the Department of Justice would not enforce the U.S. criminal laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.

The federal maiming statute makes it a crime for someone "with the intent to torture, maim, or disfigure" to "cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person." It further prohibits individuals from "throwing or pouring upon another person any scalding water, corrosive acid, or caustic substance" with like intent.

Yoo said in an interview in Esquire that "just because the statute says -- that doesn't mean you have to do it." In a debate with Notre Dame Professor Doug Cassell, Yoo said there is no treaty that prohibits the President from torturing someone by crushing the testicles of the person's child. In Yoo's view, it depends on the President's motive, notwithstanding the absolute prohibition against torture in all circumstances.

The Torture Convention defines torture as the intentional infliction of severe physical or mental pain or suffering. The U.S. attached an "understanding" to its ratification of the Torture Convention, which added the requirement that the torturer "specifically" intend to inflict the severe physical or mental pain or suffering. This is a distinction without a difference for three reasons.

First, under well-established principles of criminal law, a person specifically intends to cause a result when he either consciously desires that result or when he knows the result is practically certain to follow.

Second, unlike a "reservation" to a treaty provision, an "understanding" cannot change an international legal obligation.

Third, under the Vienna Convention on the Law of Treaties, an "understanding" that violates the object and purpose of a treaty is void. The claim that treatment of prisoners which would amount to torture under the Torture Convention does not constitute torture under the U.S. "understanding" violates the object and purpose of the Convention, which is to ensure that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." The U.S. "understanding" that adds the specific intent requirement is embodied in the U.S. Torture Statute.

Nevertheless, Yoo twisted the law and redefined torture much more narrowly than the definitions in the Convention Against Torture and the Torture Statute. Under Yoo's definition, the victim must experience intense pain or suffering equivalent to pain associated with serious physical injury so severe that death, organ failure or permanent damage resulting in loss of significant body functions will likely result.

Yoo wrote that self-defense or necessity could be used as a defense to war crimes prosecutions for torture, notwithstanding the Torture Convention's absolute prohibition against torture in all circumstances. There can be no justification for torture.

After the exposure of the atrocities at Abu Ghraib and the publication of the August 1, 2002 memo, the Department of Justice knew the memo could not be legally defended. That memo was withdrawn as of June 1, 2004. A new opinion, authored by Daniel Levin, Acting Assistant Attorney General Office of Legal Counsel, is dated December 30, 2004. It specifically rejects Yoo’s definition of torture, and admits that a defendant’s motives to protect national security will not shield him from a torture prosecution. The rescission of the August 2002 memo constitutes an admission by the Justice Department that the legal reasoning in that memo was wrong. But for 22 months, it was in effect, which sanctioned and led to the torture of prisoners in U.S. custody.

John Yoo admitted the coercive interrogation “policies were part of a common, unifying approach to the war on terrorism.” Yoo and other Department of Justice lawyers, including Jay Bybee, David Addington, William Haynes and Alberto Gonzalez, were part of a common plan to violate U.S. and international laws outlawing torture. It was reasonably foreseeable that the advice they gave would result in great physical or mental harm or death to many detainees. Indeed, more than 100 have died, many from torture.

ABC News reported last month that the National Security Council Principals Committee consisting of Dick Cheney, Condoleezza Rice, Donald Rumsfeld, Colin Powell, George Tenet, and John Ashcroft met in the White House and micromanaged the torture of terrorism suspects by approving specific torture techniques such as waterboarding. Bush admitted, "Yes, I'm aware our national security team met on this issue. And I approved."

These top U.S. officials are liable for war crimes under the U.S. War Crimes Act and torture under the Torture Statute. They ordered the torture that was carried out by the interrogators. Under the doctrine of command responsibility, used at Nuremberg and enshrined in the Army Field Manual, commanders, all the way up the chain of command to the commander in chief, can be liable for war crimes if they knew or should have known their subordinates would commit them, and they did nothing to stop or prevent it. The Bush officials ordered the torture after seeking legal cover from their lawyers.

But Yoo and the other Justice Department lawyers who wrote the enabling memos are also liable for the same offenses. They were an integral part of a criminal conspiracy to violate our criminal laws. Yoo admitted in an Esquire interview last month that he knew interrogators would take action based on what he advised.

The President can no more order the commission of torture than he can order the commission of genocide, or establish a system of slavery, or wage a war of aggression.

A Select Committee of Congress should launch an immediate and thorough investigation of the circumstances under which torture was authorized and rationalized. The high officials of our government and their lawyers who advised them should be investigated and prosecuted by a Special Prosecutor, independent of the Justice Department, for their crimes.

John Yoo, Jay Byee, and David Addington should be subjected to particular scrutiny because of the seriousness of their roles in misusing the rule of law and legal analysis to justify torture and other crimes in flagrant violation of domestic and international law.

This essay is adapted from Marjorie Cohn's testimony before the Subcommittee on the Constitution, Civil Rights and Civil Liberties
of the House Judiciary Committee.

Marjorie Cohn is president of the National Lawyers Guild and author of Cowboy Republic.