There are some disturbing similarities between the Obama white paper and the Bush torture memos. Both use slippery legal language to parse dark government programs. Both have been deliberately hidden from public and even congressional oversight. And both involve the blurring of C.I.A. and military operations, and even include some of the same personnel. John Brennan, Obama’s nominee to direct the C.I.A., is a long-time veteran of the agency who, prior to joining the Obama Administration, served as chief of staff for former C.I.A. director George Tenet, under the Bush Administration during the depths of the torture scandal. Despite this, several human-rights experts have endorsed Brennan’s promotion, and Obama seems to respect him deeply. Whether that trust is well-placed remains to be seen; Brennan’s refusal, during his Senate confirmation hearings last week, to admit that waterboarding—the partial drowning of a prisoner—is a form of torture was a chilling display of institutional loyalty.
Clearly there are plenty of troubling questions surrounding the Obama Administration’s targeted-killing program. But, that said, are Obama’s drones comparable in terms of human-rights violations, to Bush’s Torture program?
Those who argue so miss an important distinction, one that David Cole also has brought up: torture under all our systems of law—including the laws of war—is illegal. This is true without exception, regardless of the circumstances, including national-security emergencies. Torture is also condemned by every major religion. Waterboarding was, and is, a form of torture. This has been established as far back as the Spanish Inquisition, and as recently as the Vietnam War. To argue otherwise is to legalize criminality. That was what the Bush Administration’s torture memos did.