The questions this case presents go to the heart of our constitutional system, and, if left unanswered, pose significant threats to our troops. These are the first military trials of their kind the United States had conducted since World War II, and we're gratified the court has recognized the need to act.
More Quotes from Deborah Pearlstein:
Looking closely at these cases, we found time and again badly flawed investigations, and a lack of command responsibility for what's gone wrong especially in cases where victims were tortured to death. The result across the board has been to create a culture of impunity, where no one, especially not command, is held fully accountable for detainee deaths. If the United States is serious about preventing torture going forward, there must be accountability up and down the chain of command.Deborah Pearlstein
Secretary Rumsfeld takes the extraordinary position in his brief that ordering torture was 'within the scope of his employment' as Secretary of Defense. Especially in light of recent finds that no one at senior levels has been held to account for gross acts of torture and abuse of detainees, this is a remarkable abdication of the responsibility of command.
Deborah Pearlstein
Death is a given in wartime. But this isn't about death in the heat of battle this is about how we treat those already at the mercy of U.S. forces. It's about who is responsible for the policy and practice of the United States.
Deborah Pearlstein
Juries are being presented a real mixed bag of evidence, where on one hand the person before them bears some direct responsibility for the crime that is committed, but on the other hand they're hearing evidence that this person was operating under either unlawful orders or mixed messages about what sort of job they were supposed to be doing.
Deborah Pearlstein
In 2004 the court said there is no such thing as unlimited executive power, even in wartime, but it left for another day the substantive rights any individuals have. This is really the Supreme Court's first opportunity to put meat on the bones of those rights.
Deborah Pearlstein
There is a culture of impunity that no one would be held fully accountable for detainee deaths.
Deborah Pearlstein
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