Today's NYT has an op-ed by Roger Cohen giving thanks that our next president is a constitutional lawyer.
Of the 770 detainees grabbed here and there and flown to Guantánamo, only 23 have ever been charged with a crime. Of the more than 500 so far released, many traumatized by those “enhanced” techniques, not one has received an apology or compensation for their season in hell.
What they got on release was a single piece of paper from the American government. A U.S. official met one of the dozens of Afghans now released from Guantánamo and was so appalled by this document that he forwarded me a copy.
Dated Oct. 7, 2006, it reads as follows:
“An Administrative Review Board has reviewed the information about you that was talked about at the meeting on 02 December 2005 and the deciding official in the United States has made a decision about what will happen to you. You will be sent to the country of Afghanistan. Your departure will occur as soon as possible.”
That’s it, the one and only record on paper of protracted U.S. incarceration: three sentences for four years of a young Afghan’s life, written in language Orwell would have recognized.
We have “the deciding official,” not an officer, general or judge. We have “the information about you,” not allegations, or accusations, let alone charges. We have “a decision about what will happen to you,” not a judgment, ruling or verdict. This is the lexicon of totalitarianism. It is acutely embarrassing to the United States.
That is why I am thankful above all that the next U.S. commander in chief is a constitutional lawyer. Nothing has been more damaging to the United States than the violation of the legal principles at the heart of the American idea.