June 19, 2004

Lying To The US Supreme Court:

"We now know, of course, that top military officials knew of the Abu Ghraib prisoner abuse at least as early as January. And evidence is mounting that the abuse was not, as Secretary of Defense Donald Rumsfeld claims, merely carried out by a few 'bad apples,' but the result of secret directives approved by high-level military and CIA officials. Yet last month, in oral arguments before the Supreme Court, government lawyers from the Justice Department's Office of the Solicitor General (OSG) - seeking to persuade the court to back off and let the administration run the war on terrorism as it sees fit - solemnly assured the justices that such things were not happening at US-run detention centers.

So what gives? Did the deputy solicitor general deceive the court? Probably not. Most likely, defense officials deliberately hid knowledge of torture and prisoner abuse from the government's own lawyers. Most likely, defense officials did everything in their power to prevent news of the Abu Ghraib investigation from reaching the justices - who, after all, were being asked to give the president carte blanche to hold prisoners indefinitely, incommunicado, and without interference from the courts. Fortunately, this maneuver was thwarted in the nick of time - before the Supreme Court actually decided the 'enemy combatant' cases, which it is expected to do in June - by a handful of digital photos and the blessings of a free press."

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