Worries About War Crimes Heat up in the White House

By Frank Rich, The New York Times. Posted July 14, 2008.

We know what a criminal White House looks like from "The Final Days," Bob Woodward and Carl Bernstein's classic account of Richard Nixon's unraveling. The cauldron of lies, paranoia and illegal surveillance boiled over, until it was finally every man for himself as desperate courtiers scrambled to save their reputations and, in a few patriotic instances, their country.

"The Final Days" was published in 1976, two years after Nixon abdicated in disgrace. With the Bush presidency, no journalist (or turncoat White House memoirist) is waiting for the corpse to be carted away. The latest and perhaps most chilling example arrives this week from Jane Mayer of The New Yorker, long a relentless journalist on the war-on-terror torture beat. Her book "The Dark Side" connects the dots of her own past reporting and that of her top-tier colleagues (including James Risen and Scott Shane of The New York Times) to portray a White House that, like its prototype, savaged its enemies within almost as ferociously as it did the Constitution.

Some of "The Dark Side" seems right out of "The Final Days," minus Nixon's operatic boozing and weeping. We learn, for instance, that in 2004 two conservative Republican Justice Department officials had become "so paranoid" that "they actually thought they might be in physical danger." The fear of being wiretapped by their own peers drove them to speak in code.

The men were John Ashcroft's deputy attorney general, James Comey, and an assistant attorney general, Jack Goldsmith. Their sin was to challenge the White House's don, Dick Cheney, and his consigliere, his chief of staff David Addington, when they circumvented the Geneva Conventions to make torture the covert law of the land. Mr. Comey and Mr. Goldsmith failed to stop the "torture memos" and are long gone from the White House. But Vice President Cheney and Mr. Addington remain enabled by a president, attorney general (Michael Mukasey) and C.I.A. director (Michael Hayden) who won't shut the door firmly on torture even now.

Nixon parallels take us only so far, however. "The Dark Side" is scarier than "The Final Days" because these final days aren't over yet and because the stakes are much higher. Watergate was all about a paranoid president's narcissistic determination to cling to power at any cost. In Ms. Mayer's portrayal of the Bush White House, the president is a secondary, even passive, figure, and the motives invoked by Mr. Cheney to restore Nixon-style executive powers are theoretically selfless. Possessed by the ticking-bomb scenarios of television's "24," all they want to do is protect America from further terrorist strikes.

So what if they cut corners, the administration's last defenders argue. While prissy lawyers insist on habeas corpus and court-issued wiretap warrants, the rest of us are being kept safe by the Cheney posse.

But are we safe? As Al Qaeda and the Taliban surge this summer, that single question is even more urgent than the moral and legal issues attending torture.

On those larger issues, the evidence is in, merely awaiting adjudication. Mr. Bush's 2005 proclamation that "we do not torture" was long ago revealed as a lie. Antonio Taguba, the retired major general who investigated detainee abuse for the Army, concluded that "there is no longer any doubt" that "war crimes were committed." Ms. Mayer uncovered another damning verdict: Red Cross investigators flatly told the C.I.A. last year that America was practicing torture and vulnerable to war-crimes charges.

Top Bush hands are starting to get sweaty about where they left their fingerprints. Scapegoating the rotten apples at the bottom of the military's barrel may not be a slam-dunk escape route from accountability anymore.

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