Skip Navigation

The Daily Dish - 2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

"I Was A Big Supporter Of Waterboarding" Ctd

By The Daily Dish
Feb 15 2010, 1:06 AM ET

A reader writes:

I think your enthusiasm may have gotten the best of you here. Yes, waterboarding is a war crime.  Those who performed it can and should be prosecuted.  Likewise everybody up the chain of command (military or civilian) who authorized or ordered it, all the way to George W. Bush.  You can also make a solid case against the attorneys (e.g. Yoo) who provided the legal "justification" for it -- at least, if our actions after WW II are any guide.

But Cheney is a much harder problem.  Simply put, he was NOT in the chain of command. 



As Vice President, he had authority only over his own staff.  He had no authority to order or authorize any action by the military, the CIA (or any other branch of the Federal government).  So, to find him guilty of war crimes it would seem to be necessary to either prove that he somehow usurped the authority to give such orders, or that he was specifically delegated authority in that area by the President.

Just arguing in favor of such actions is not enough.  It may be morally reprehensible.  It may be exceptionally stupid.  In my opinion, it was both.  But I don't see how you can make the leap from someone arguing for an action which he has no authority to implement to committing a war crime.  I confess, I regret it deeply -- but I just don't see the legal justification for it.

Or am I missing something really obvious?

Presented by

More at The Atlantic

Fact-Checking Claims on the Wonders of Pomegranate Juice Fact-Checking Claims on the Wonders of Pomegranate Juice
The New Welfare State: Faster, Cheaper ... and Out of Control? The New Welfare State: Faster, Cheaper ... and Out of Control?
Trash Bin Babies: India's Female Infanticide Crisis India's Female Infanticide Crisis
'Tis the Season to be Hateful (in Sports) It's Okay to Hate Sports Stars
How the Global Middle Class Can Save the American Middle Class How the Global Middle Class Can Save America's Middle Class
View All Correspondents

The Biggest Story in Photos

Where in the World? Part 3: A Google Earth Puzzle

May 25, 2012

Subscribe Now

SAVE 59%! 10 issues JUST $2.45 PER COPY

Facebook

Newsletters

Sign up to receive our free newsletters

(sample)

(sample)

(sample)

(sample)

(sample)

(sample)