Findlaw.com: The Politics of Excusing Torture In The Name of National Security

Findlaw. com:

By JOHN W. DEAN
Friday, May 15, 2009

Allow me to share some analysis about the way things work in Washington. President Obama's flip-flop on his agreement to turn over photographs of detainees being tortured by American soldiers is a message with broad and clear implications. Those who believe that the Obama Administration should expose and prosecute persons who committed war crimes should understand that it is not going to happen the way they would like, or as quickly, because Obama is having internal battles as well. His pullback is not occurring because he fears that Republicans will attack him (he knows they will); rather it is occurring because he needs the national security community behind him, and they fear they will be further embarrassed and humiliated if more information is revealed.

According to The Washington Post, President Obama told White House lawyers he does not "feel comfortable" releasing the photos because of the reaction they could cause against U.S. troops, and because "he believes that the national security implications of such a release have not been fully presented to the court," in responding to the ACLU's Freedom of Information Act lawsuit. [Emphasis added.]

Even before looking closely at Obama's change of mind, I understood immediately what had taken place, as soon as I heard the report on the radio. President Obama was, in fact, speaking for the national security bureaucracy in announcing his change of mind. I knew it would happen at some point. Although his first instinct had been to release the pictures, as he had released the new Justice Department torture memos, it was clear he had been turned around, and I was certain it was the work of the national security bureaucracy.

My hunch was confirmed by the AP report, which explained, "American commanders in the war zones expressed deep concern about fresh damage the photos might do, especially as the U.S. tries to wind down the Iraq war and step up operations against the Taliban and al-Qaida in Afghanistan." How do the commanders know this to be the case? How do they know that it is the not the case that, to the contrary, more people around the world might admire us for openly correcting past mistakes? In fact, you can be certain "the commanders" do not truly know that the photos will harm America's image, but they do know how to protect the national security bureaucracy, after having risen to its top ranks. This is exactly what is going on here, and the explanation was pure bureaucratic excuse-making.

Obama's Being Tested From the Inside And Outside

It is not likely that Barack Obama had widespread political support in the national security community, which would have had a natural affinity for one of their own like John McCain. But Obama needs to win their hearts and minds. He cannot effectively lead and protect the country without their support, and since so many are recovering from battered-by-the-White-House syndrome stemming from the Bush/Cheney years, he is dealing with their very bad mood. Rather than risk alienation, Obama has given in to them, at the expense of his natural constituency, the political progressives who find it appalling that the Bush/Cheney torture is not being fully exposed (and prosecuted) to prevent it from happening again -- and sooner, rather than later.

I would encourage those who are demanding exposure and prosecution to keep pounding their drums. Clearly, they are on the right side of this issue, and Obama knows it. While he is going to placate the national security bureaucrats from time to time in order to lead them effectively, hopefully the pressure for him to deal with the atrocious behavior of Bush and Cheney is only just getting started.