Of course, we must also admit to less favorable possibilities. In addition to those who support Haspel or have no problem with torture, many will accept assurances that America will never torture again; others (including the media) will have a short attention span about Haspel's history with torture; and still others will be unaware or misinformed about the Bush-Cheney torture program. As always, too many will not pay attention or simply not care.
The coalitions assembled to oppose Haspel and Pompeo's nominations were surely strengthened -- both nationally and at the grassroots. These coalitions included those fighting against Islamophobia and the growing threat of war. In the Trump era, there are indications that single issue politics may give way to movements that link militarism with racism, poverty, environmental degradation, and pervasive violence. It is not enough to be against torture.
Crucially, Haspel's confirmation, despite her commission of a crime, points to the challenge of accountability. Not one of the principal architects or key participants in U.S. torture has ever been held criminally accountable. The fiction of legality lives on. A bipartisan consensus prevents criminal investigation and prosecution. Efforts to hold perpetrators criminally accountable take place almost entirely outside the United States. Some progress has been made on winning civil cases, as demonstrated by the recent settlement in the ACLU case against the two psychologists who contracted with the CIA to carry out its torture program. However, without criminal accountability, made worse by rewarding the criminals, the expectation of impunity prevails.
The Senate's investigative approach to accountability continues to be flawed by extreme partisanship and practices of secrecy, such as the suppression of the full Senate Intelligence Committee report on torture. The Senate's role is also compromised by a bipartisan acceptance of a structure of oversight relying on secret, classified hearings. It appears that only a major legitimation crisis spurs the Senate to a more assertive role.
Senate action can inform the public and lead to meaningful reforms. The Church and Pike Committee investigations in the 1970s and to a certain extent the SSCI Torture Report and the Armed Services Committee report on torture in the military are examples. The problem is that reforms come up against powerful institutions that push back against them and a national security ideology weighted toward tolerance of illegitimate violence. They can only be effective and long-lasting if they have strong public backing.
The decisive domain of accountability is political -- the ability and willingness of the American people to hold our government to high moral standards. I include in this category people participating in party caucuses, voters in primaries and general elections, government workers (willing to take risks to become whistleblowers); professional associations, and educational and religious institutions. This is a vast challenge. Yet, it is one for which grassroots organizations are best suited.
In short, accountability will not come from the top. It will come from people taking on the political responsibility of a moral politics, people willing to perceive injustice and then give voice to their opposition.
A big thanks to all who worked to defeat Haspel's nomination. Once again, we assess, we regroup, and we summon our energy for the next battle.
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