Did Bush’s Legalization of Torture Pave Way for Trump to Pardon War Criminals?

The men who wrote the torture memos after the attacks on Sept. 11, and served under President George W. Bush, have never been prosecuted. Nor have they ever seriously been taken to task-as a legal matter-for their actions. This, despite solitary life in confinement, electrical shock, “virtual” disappearances, executions, rectal rehydration, or covering up deaths caused by torture. Neither has the public ever debated the normalization of such tortuous resolutions, which combined brutality and legality not witnessed previously in American history.

Take the case of Rhidhar al-Najjar, who was left hanging-which involved handcuffing one or both wrists to an overhead bar which would not allow him to lower his arms-for 22 hours each day for two consecutive days. Or that of Gul Rahman. He was subjected to “48 hours of sleep deprivation, auditory overload, total darkness and isolation, a cold shower, electrical shocks and beatings.” After being “shackled (for quite some time) to the wall of his cell in a position that required (him) to rest on the bare concrete floor…wearing only a sweatshirt,” he was found dead. (1)

Torturing Even War Crimes
Some law experts consequently point to this, the normalization of torture, as paving the way for President Donald Trump’s pardoning of a rash of war criminals. Indeed, and since the Bush administration specifically approved of such torture techniques with very little backlash, they see Trump doing the same. They’re also concerned that just as torture was given a new definition, so too will war crimes committed by U.S. troops. In other words, shooting civilians at random or executing prisoners of war and desecrating corpses may no longer constitute a war crime.

On hearing that Trump wanted to pardon a war criminal, Edward Gallagher, Congressman Dan Crenshaw (R-TX) may have said it best. A former Navy SEAL, he told “National Review” that he would oppose the president’s pardon for Gallagher charged with murdering an Iraqi prisoner war before the accused’s war crimes trial could take place. Adhering to a system of due process and the “rule of law,” he also described how such cases should be decided by the courts, where all evidence can be viewed. “Only after that should a pardon be considered” he said.

No End for War Criminals
This goes for other war criminals, military and corporate alike. Indeed, and as Trump prepares to issue many more pardons of either already convicted war criminals or those still facing charges of war crimes, on this Memorial Day, May 27, some are accusing him of wanting to do so for the purpose of winning more support among military personnel and his corporate donors. Others, meanwhile, say it’s another ploy which caters mainly to his base, most of whom like him have never been activated for war or witnessed a real-life battle situation.

Gallagher, who Trump wants to pardon, allegedly murdered an Iraqi in custody. Fellow SEAL members testified that he also gunned down an Iraqi girl and killed another suspected terrorist in custody by stabbing him with a knife. While some, like FOX News, dismiss such crimes and call him a war hero, others claim that it’s an insult. They think Trump is preparing to insult service members by standing up for the worst among them. It’s also unfair. Unfair that while they never lost their values through all the tragedies of that war (Iraq), he would pardon those who did.

Bribery, Not “Bullshit!”
Although each case is distinct, one pardon is especially troubling. One that has been nearly buried in the mainstream press. To be sure, and as reported by “The Intercept,” Trump plans to quickly pardon a military contractor found guilty of murdering fourteen unarmed Iraqis in 2007. The former Blackwater military contractor, who still has ties to Eric Prince, would be a first in presidential pardons. Recall too that Eric Prince, a former CEO of Blackwater, donated $250,000 to Trump’s campaign. It is also alleged that he lied to Congress about the Trump Tower meeting.

Even Gallagher’s pardon is disturbing. This is because Trump’s favorite news channel FOX News has been at the heart of his pardon. As reported by The Daily Beast, Pete Hegseth, a “Fox & Friends” co-host and former adviser to the president, has since January repeatedly pressed Trump to pardon him. An Iraq War veteran and formerly the head of the ultra-conservative group Concerned Veterans for America, it’s included private meetings and even some type of payments. It’s evidently worked, as Trump now calls the charges against Gallagher “bullshit

One Thing That’s Not Working
One thing that isn’t working is what some see Trump is doing to American ideals. As Lili Folder said when she wrote in to “PRI World,” “Guilty individuals should be held fully accountable. This is contrary to the code of honor embraced by military law and guidelines.” The former veteran went on to add that, “I would feel deeply ashamed of the military organization if such crimes were excused on the whim of someone who doesn’t understand what it means to serve. This is not what we pledge when we take the oath to defend the constitution against all enemies.”

Other veterans defended her ideals, noting it appeared Trump was trying to politicize the military. Many also agreed that the president seemed too willing to abuse his power, and that war crimes should be in the same category as crimes against humanity. In the meantime, experts warn that issuing such pardons as Trump wants to do on Memorial Day, memorializes crimes of war and those who commit them instead of the soldiers who fought with valor and honor. What’s more, it’s the same kind of slippery slope the Nazi’s used at the Nuremburg Trials.

The Original Question
Did Bush’s legalization of torture help pave the way for Trump to normalize the pardoning of war criminals? Possibly so, since it “legalized” the practices by constituting itself as its own judicial system. This is another danger when considering Trump’s pardons. Through the process of legalization and then normalization, will Trump’s men write a series of new war crimes memos, making war crimes themselves a kind of quasi-behavior with its own quasi-judicial system? Both of which are outside the rule of law and breeches the Geneva Convention?

Either way, some think Memorial Day should be a solemn day to remember those who’ve fought with valor and honor in defense of their country. This includes supporting your government only when it deserves it. Consequently, this may not include Trump nor his war crime pardons.

Still, and at this moment in time, does it even include the government?

Dallas Darling is the author of Politics 501: An A-Z Reading on Conscientious Political Thought and Action, Some Nations Above God: 52 Weekly Reflections On Modern-Day Imperialism, Militarism, And Consumerism in the Context of John’s Apocalyptic Vision, and The Other Side Of Christianity: Reflections on Faith, Politics, Spirituality, History, and Peace. He is a correspondent for www.WN.com. You can read more of Dallas’ writings at www.beverlydarling.com and www.WN.com/dallasdarling.

(1) Harcourt, Bernard E. The Counterrevolution: How Our Government Went to War Against Its Own Citizens. New York, New York: Basic Books, 2018., pp 63, 64.