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The Senate Needs to Get to the Point about Abu Ghraib
by
Jacob G. Hornberger,
May 12, 2004
It’s nice that the U.S. Senate Armed Services
Committee has summoned the secretary and undersecretary of Defense and a
string of generals to testify about policies and
procedures established by the Pentagon for the proper
treatment of prisoners and detainees. But while
that’s important, it’s not as important as the
critical issue: Which military intelligence officers, CIA
agents, and private contractors ordered, tolerated, or
permitted the sex abuse, torture, rape, and murder of
prisoners and detainees at Abu Ghraib prison?
Why isn’t the Senate getting directly to the point
by subpoenaing the following people to testify before
Congress:
1. Col. Thomas M. Pappas;
2. Lt. Col. Steve L. Jordan;
3. Stephen Stephanowicz;
4. John Israel;
5. All military officers — including
lieutenants, captains, majors, colonels, and generals
— and all CIA agents and private contractors who
were in Abu Ghraib prison during the months that the
wrongdoing was taking place;
6. All the enlisted men who are currently
being court-martialed for wrongdoing at Abu Ghraib; and
7. The custodian of records at Abu Ghraib
prison, to bring the official log identifying all
U.S.-authorized personnel who were at Abu Ghraib prison
during the pertinent months that the wrongdoing was
taking place?
Here’s what the Taguba report says about Pappas,
Jordan, Stephanowicz, and Israel:
Specifically, I suspect that COL Thomas M. Pappas, LTC Steve L. Jordan, Mr. Steven Stephanowicz, and Mr. John Israel were either
directly or indirectly responsible for the abuses at Abu
Ghraib (BCCF) and strongly recommend immediate
disciplinary action as described in the preceding
paragraphs as well as the initiation of a Procedure 15
Inquiry to determine the full extent of their
culpability.
The witnesses listed above would
have personal knowledge of what actually took place at
Abu Ghraib. Unlike Rumsfeld and the other witnesses who have been called to testify before the Senate Armed Services Committee, they would be able to describe exactly what happened at Abu Ghraib and why it happened. They would be able to state whether they committed the acts of misconduct on their own or on the orders of superior officers whom they could then identify.
In other words, why is the Senate going from top-down rather than from bottom-up? Why not simply get to the point by ordering
every one of those witnesses at Abu Ghraib to promptly board a military
transport to Washington, D.C., to give testimony under
oath before the duly elected representatives of the
American people about one of the most devastating and
damaging scandals in the history of our country?
“But they might take the Fifth Amendment!” And
so what? Maybe some of them won’t. Maybe some of
them will want to testify fully and completely about what
happened, regardless of the personal consequences. What
would be the harm in summoning them to testify, even if
they end up taking the Fifth?
“But it might interfere with criminal
investigations!” Nonsense! It is not at all unusual
for investigations by the legislative branch to be
conducted right alongside criminal investigations by the
executive branch. The executive branch has a duty to
prosecute for criminal offenses but the legislative
branch has a duty to enact legislation to remedy
problems. Both duties can be fulfilled simultaneously. After all, isn’t that what the U.S. Armed Services
Committee already claims to be doing with its current
hearings? Anyway, there is no indication that the U.S. Justice Department, which has jurisdiction over the prosecution of war crimes committed by CIA agents and private contractors, has even convened a federal grand jury to address what occurred at Abu Ghraib.
Yesterday, either insurgents or terrorists in Iraq
beheaded an American civilian
in retaliation for the
sex-abuse, torture, rape, and murder scandal at Abu Ghraib
prison.
Several days ago, I wrote in my May 3 daily blog:
If you ever wanted to feel sorry for U.S. troops in Iraq,
now would be a good time to do so. The Iraqi insurgents
already have enough incentive to fight and die just
trying to rid their nation of a foreign occupier, but the
anger and hatred and thirst for revenge and vengeance is
now going to be immeasurable, given the unbelievable
humiliation wreaked on Iraqi men with the forced nudity,
sex abuse, rape, and torture at Abu Ghraib prison,
especially by U.S. female military personnel. One of the
worst things a soldier can ever face is a
well-motivated enemy.
Last year, in April 2003, I wrote the following in my
article “Obedience to Orders, Part 2”:
Any officer who gives a hoot for the welfare of his men
will do his best to ensure that such a wrongful policy
[i.e., torture] is abandoned posthaste. Moreover, while there
is no guarantee that enemy forces will honor the same
rules of right conduct, it’s much easier to call on
them to do so when you are on the moral high ground.
Americans are supposed to be better. We’re supposed
to be the model for the world. That applies not only to
civil society but to our military as well.
Those who are tempted to protect the people who have
engaged in these war crimes, or to downplay what they
have done, should make no mistake about the consequences
of their position — while protecting the wrongdoers
or minimizing what they have done, they are at the same
time putting the screws to American soldiers who are
taken prisoner in the future. And the same holds true for
American civilians, especially those who travel overseas.
That’s why, if a person cares about the integrity of
our country and the welfare of American troops and
citizenry, there is no alternative to favoring a full,
complete, and open investigation and criminal prosecution
of every person, including officers, CIA agents, and
private contractors, who participated in the wrongdoing
at Abu Ghraib. It’s time for the Senate to get to the point.
Mr. Hornberger is founder and president of The
Future of Freedom Foundation. He's also a former infantry officer. Send him email.
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