Sunday, September 20, 2009

letter to Attorney General Eric Holder, July 11, 2009

July 11, 2009

Attorney General Eric Holder
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530

Dear Mr. Attorney General:

The Washington State Religious Campaign Against Torture, affiliated with the National Religious Campaign Against Torture, urges you appoint a Special Counsel in order to initiate a criminal investigation into all violations of federal law since 2001 related to torture and cruel, inhuman and degrading treatment of prisoners in the "war on terror," including the wars in Afghanistan and Iraq.

In March of 2009, excerpts of an International Committee of the Red Cross (ICRC) report were released that concluded that detainees had been subjected to torture – a crime under both domestic and international law. Evidence contained within the DOJ memos released in April, the Senate Armed Services Report, as well as several other credible sources, strongly suggests that felonies have been committed and were authorized at high levels of the previous administration. This is not a matter, as has been alleged, of criminalizing policy differences. The anti-torture laws are clear. Their enforcement is not a discretionary matter.

Both the Geneva Conventions and the Convention Against Torture obligate such an investigation, and if evidence warrants, prosecution. The War Crimes Act, 18 U.S.C., 2441, provides for jurisdiction in the courts for acts or conspiracy to commit acts of torture and cruel or inhuman treatment, both identified as punishable war crimes. The federal anti-torture statute, 18 U.S.C., 2341A, also creates jurisdiction in U.S. courts.

There are compelling political reasons for the appointment of a special counsel, not least of which bear upon the good name and moral and legal standing of the United States in the world. By far the most important reason, however, is that when the government itself
flaunts the law, the rule of law is put in grave danger. The cornerstone of any viable legal order is that no one should be above the law. No office should protect individuals from the willful violation of law. No bureaucracy’s legal interpretation designed to evade the law should be allowed to have the practical standing of law, indemnifying government officials from accountability under the law.

If the Department of Justice does not act, if those responsible for violating the law are not held accountable, we fear that a culture of impunity will take hold and that nothing will prevent future leaders in times of fear or threat to act once again outside the law.

We join the National Religious Campaign (NRCAT), the Presbyterian Church USA; the American Civil Liberties Union, Representatives Jerrold Nadler and John Conyers, and others in asking you to appoint a Special Counsel.

Sincerely,

Robert Crawford, facilitator,
Washington State Religious Campaign Against Torture

cc: Senator Harry Reid, Representatives Nancy Pelosi, John Conyers, and Jerrold Nadler; and the Washington State Congressional Delegation.

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