The Senate torture report alleges several grave abuses – such as use of rectal feeding and rehydration in the absence of medical necessity – that were not authorized by even the dubious legal memos, and thus do not fit the Justice Department’s rationale. Even Alberto Gonzales, attorney general under President George W. Bush, has said he is troubled by evidence suggesting the CIA went beyond Justice Department guidance. The Senate torture report also concludes that the CIA “repeatedly provided inaccurate information” to the Justice Department.
If the Justice Department already knew of the abuses reported in the Senate torture report, it must do more to explain why it found no basis for prosecutions. And if the Justice Department did not have access to this information, how can it dismiss the Senate torture report’s new evidence out of hand?
Nor is it sufficient for the Justice Department to cite “good faith” reliance on dubious legal guidance as a basis for closing investigations. The U.S. is bound by international law to ensure accountability for torture.
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