Seven years after the attacks of September 11, only one terror suspect held outside of the U.S. criminal court system, has been tried and sentenced. Salim Hamdin, Osama bin Laden’s driver, was sentenced in August to five and one-half years and eligible for parole in five months. The prosecution in the military trial of limited rights had asked for 30 years. Of the 759 detainees acknowledged to have been held in Guantanamo, approximately 340 remain with but a handful charged as a result of the Bush Administration’s controversial anti-terrorism program. Exhaustively researched by New Yorker staff writer and best-selling author Jane Mayer, The Dark Side examines how key people in the Bush Administration took advantage of this country’s state of chaos and fear to make radical decisions while destroying constitutional protections. Hardly a page can be viewed without a reference to or, at the very least, acquiring a sense of the lurking shadows of Vice President Dick Cheney, Cheney’s creepy lawyer David Addington and, to a lesser degree, cocksure Secretary of Defense Donald Rumsfeld. Addington, a humorless loner and true believer, develops a relationship with the VP much as Cheney with Bush and becomes known to his peers as “Cheney’s Cheney.” Appearing on Meet the Press on the Sunday after the attacks, Cheney offered insight into how the administration viewed the threat and how it planned to respond. Cheney also provided the book’s title. “We’ll have to work sort of the dark side, if you will,” Cheney explained on the TV program. “We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agendas---if we are going to be successful. That’s the world these folks operate in. And, uh, so it’s going to be vital for us to use any means at our disposal basically, to achieve our objectives.” Those means quickly became torture in such places as Abu Ghraib and Guantanamo with Cheney, Addington and others including the loyal and highly inept Roberto Gonzales spending a remarkable amount of time writing self-serving letters to prove their innocence should their agenda to generate greater presidential powers be short-circuited. The challenge of how to bring terror suspects to justice was accomplished by creating a shadowy War Council, then excluding much of the government with a series of end runs involving nearly all of the administration’s most experienced experts in military and international law. What they came up with was an alternative legal system run by the executive branch. Cheney was in full flight. Addington’s legal excesses permitted him to, as White House lawyer Jack Goldsmith put it, influence the administration’s legal positions “to a remarkable degree.” According to Mayer, “some Bush Administration lawyers came to believe the President and Vice President were deeply ill-served by Addington. ‘He was more like Cheney’s agent than like a lawyer. A lawyer sometimes says no,’ one lamented. ‘Addington never said, ‘There is a line you can’t cross.’” When Abu Ghraib torture photos and stories were released in the U.S. in April, 2004, it wasn’t long before the public became aware of Guantanamo with the Supreme Court shattering the suggestion that the prison was not under U.S. control but, rather, of existence in some kind of legal black hole. The Court’s decision, giving detainees a chance to challenge their imprisonment, found arch conservative Justice Antonin Scalia voting against the Bush Administration. Scalia even thundered at the White House: “Indefinite imprisonment at the will of the Executive” strikes at “the very core of liberty.” If The Dark Side has a minor shortcoming, it’s a failure of attribution in some key situations--understandable since the subject is the most secretive White House in history. Some revealing observations include Colin Powell‘s observation about Addington (“He doesn’t believe in the Constitution”) and from Rumsfeld who, up to his eyeballs in trying to distance himself from charges that torture directives emanated at the top rather than the other way around, comments about Guantonamo: “I don’t do detainees.” Powell’s take on Bush not being stupid but easily manipulated, while somewhat reassuring, also is alarming. A confidant suggests that Powell thought it was easy to play on Bush’s wish to be seen as doing the tough thing while making “hard” choices. “He has these cowboy characteristics, and when you know where to rub him, you can really get him to do some dumb things. You have to play on those swaggering bits of his self-image. Cheney knew exactly how to push all his buttons,” Powell confided to a friend. At the heart of the Bush Administration’s lust for expanded presidential authority is the hardly surprising seeking of power. According to conservative legal scholar and former Justice Dept. official Jack Goldsmith, they spoke often of a desire for “maximum flexibility.” Lost, in Mayer’s view, was “any appreciation for the legitimacy in a democracy that stems from winning consensus, including the consent of the governed. Also overlooked was the original reason for checks and balances; they were designed to offset human fallibility.” Goldsmith is one of the heroes of the book and there aren’t nearly enough. Many of the good guys are conservative lawyers who knew better than to subvert laws and deeply held American ideals in this wickedly disturbing book about bullying at the highest levels of government. Goldsmith, once the President’s private lawyer, was an early whistle-blower on the Bush/Cheney approach to domestic spying “the way they dealt with other laws they didn’t like: They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations.” Goldsmith eventually was forced to quit following a series of humiliations by Addington. In a turn of high irony, Goldsmith was greeted with protests when he started teaching law at Harvard. His problem was the painful linkage to the Bush Administration. If, as has been suggested, the measure of a society is the way its prisoners are treated, then this country’s abandonment of the Geneva Convention is a chilling indictment of an infamy that will stand as George W. Bush’s legacy. -30-
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