In other words, the ticking time bomb was not another potential Qaeda attack on America but the Bush administration’s ticking timetable for selling a war in Iraq; it wanted to pressure Congress to pass a war resolution before the 2002 midterm elections. Bybee’s memo was written the week after the then-secret (and subsequently leaked) “Downing Street memo,” in which the head of British intelligence informed Tony Blair that the Bush White House was so determined to go to war in Iraq that “the intelligence and facts were being fixed around the policy.” A month after Bybee’s memo, on Sept. 8, 2002, Cheney would make his infamous appearance on “Meet the Press,” hyping both Saddam’s W.M.D.s and the “number of contacts over the years” between Al Qaeda and Iraq. If only 9/11 could somehow be pinned on Iraq, the case for war would be a slamdunk.
But there were no links between 9/11 and Iraq, and the White House knew it. Torture may have been the last hope for coercing such bogus “intelligence” from detainees who would be tempted to say anything to stop the waterboarding.
President Obama can talk all he wants about not looking back, but this grotesque past is bigger than even he is. It won’t vanish into a memory hole any more than Andersonville, World War II internment camps or My Lai. The White House, Congress and politicians of both parties should get out of the way. We don’t need another commission. We don’t need any Capitol Hill witch hunts. What we must have are fair trials that at long last uphold and reclaim our nation’s commitment to the rule of law.
And I agree with him.