And that is where the story becomes interesting. The Bush administration denies any illegality at all, insists it does not “torture” but refuses to say whether it believes waterboarding is torture or not. But hundreds of hours of videotape were recorded of Zubaydah’s incarceration and torture. That evidence would settle the dispute over the extremely serious question of whether the president of the United States authorised war crimes.
And now we have found out that all the tapes have been destroyed.
But this case is more ominous for the administration because it presents a core example of what seems to be a cover-up, obstruction of justice and a direct connection between torture and the president, the vice-president and their closest aides.
What are the odds that a legal effective interrogation of a key Al-Qaeda operative would have led many highly respected professionals in the US intelligence community to risk their careers by leaking top-secret details to the press?
What are the odds that the CIA would have sought to destroy tapes that could prove it had legally prevented serious and dangerous attacks against innocent civilians? What are the odds that a president who had never authorised waterboarding would be unable to say whether such waterboarding was torture?
What are the odds that, under congressional grilling, the new attorney-general would also refuse to say whether he believed waterboarding was illegal, if there was any doubt that the president had authorised it? The odds are beyond minimal.
Any reasonable person examining all the evidence we have - without any bias - would conclude that the overwhelming likelihood is that the president of the United States authorised illegal torture of a prisoner and that the evidence of the crime was subsequently illegally destroyed.
Congresswoman Jane Harman, the respected top Democrat on the House intelligence committee in 2003-06, put it as simply as she could: “I am worried. It smells like the cover-up of the cover-up.”
It’s a potential Watergate. But this time the crime is not a two-bit domestic burglary. It’s a war crime that reaches into the very heart of the Oval Office.
Knowing Bush is a war criminal is one thing. I know it. Proving it is another thing entirely. I pray, yes, pray, to whatever gods may be listening that something surfaces that can prove it forever and ever, for once and for all, clearly and unequivocally so that he can't parse and weasel out of it any longer, and send that son of a bitch to prison where he belongs. And the horse he rode in on AKA Cheney.
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