Is Prosecuting Torturers Justice or Retribution?

Mr. Obama repeatedly has said that he wants to look forward, rather than back, on the torture issue. In this, he is violating his oath of office, when he swore to uphold the Constitution and the laws of the land. The history of the Bush administration's justification and use of torture is not a minor thing to be let go of as "bygones." These were not misdemeanors, committed in an excess of zeal in the aftermath of 9/11. These were high crimes, under any definition, and the President has the duty to investigate and prosecute.

It is not enough to issue executive orders banning torture. Many of Mr. Obama's good deeds to date consist of orders reversing the worst of the Bush policies. However, this is government by decree, easily reversed by the next President, unless fixed in law and firmly enforced. In the case of torture, the law already was clear, and letting it go sends the message that the highest level of U.S. government can get away with high crimes.

Protecting those who conducted the torture, with the argument that they were told it was legal, also is a mistake. We must never forget the Nuremburg principles, which stated clearly that "I was just following orders" is not a valid excuse for terrible crimes. The principle is the individual's responsibility to just say "no" to illegal and immoral orders. If we did not excuse Germans, who may have faced death for refusing orders, how can we excuse U.S. operatives, who faced at most career derailment? The good person who goes along with evil, is just as guilty.

Arguing that the CIA and others would be demoralized by such prosecutions is perverse. The CIA would be strengthened by the prosecutions, and those within it who want to uphold the law would be encouraged. The CIA needs to be proud of its behavior, not to be a example to the world of our worst behavior. Investigations and prosecutions, including the highest levels of the administration, are the best way to purge this horrible past, and to move forward with a renewed sense of purpose.

This is justice, not retribution. If all are to be equal before the law, then Bush, Cheney, and all those involved in torture must be brought before the bar. Mr. Obama, respect your oath of office, and do what is right.