Investigate Abu Ghraib and Prosecute Any Guilty Parties

Like virtually every commander of every branch of the military service from the founding of our republic until today, I despise torture in all forms, by all names.

Because of the Abu Ghraib crimes, innocent Iraqis were victims of crimes and American troops were killed. The Abu Ghraib crimes should be investigated by an honorable and independent authority and anyone guilty of crimes should be charged, tried, convicted and incarcerated based on the code of military justice and criminal, civilian and international laws long accepted in American jurisdictions.

Leading military reporter Tom Ricks tells the story of an Army captain who spent months bringing former Sunni insurgents to our side. Ricks often describes the case of the insurgent the captain came to know well, who was radicalized by Abu Ghraib and helped lead a cell that exploded some 200 roadside bombs. Had Abu Ghraib not happened, those 200 bombs would not have exploded and American troops would be alive today on active duty or with their families.

Military commanders for over 200 years have opposed torture for good reason. Religious leaders of every denomination, of every faith, in America and around the world — except for the spiritual advisers to terrorists — oppose torture for good reason. A majority of Americans and what Jefferson called the decent opinion of mankind, around the world, including the overwhelming majority of Americans who have ever served in uniform, oppose torture for good reason.

It is unconscionable that in the case of Abu Ghraib, the private is prosecuted, the sergeant is prosecuted, and the cover-up protects everyone else. We should find the truth, wherever it leads. We should prosecute any who are guilty, no matter who they are. We should have an honest and fair investigation and, if needed, a judicious and fair trial including all of the protections, and all of the truth-finding rules, of both military and civilian justice.

I am proposing more than the truth commission that some have called for, in the case of Abu Ghraib. We must find the truth, but if any are guilty, we must enforce the law, now and forever, to ensure that justice is done, to enforce the rules that should govern our conduct and to instruct one and all that in America, this must never happen again.

Abu Ghraib was torture that inflicted pain in violation of law against completely innocent Iraqis. Abu Ghraib was torture that led to the deaths of Americans in uniform. Abu Ghraib was torture that stained our image around the world. My colleague on this site, Ron Christie, a former aide to Vice President Cheney, does not seem to understand this, but our friends, allies and virtually everyone around the world most certainly does.

There should be a full investigation of exactly what happened at Abu Ghraib, exactly who approved it, exactly which legal opinions (if any) sought to unethically and illegally justify these policies of torture, exactly what execute orders (if any) were approved at the levels and if they were, they should be disclosed and appropriate actions taken.

George Washington; commanders of every service throughout our history; religious leaders of every faith; American troops for time immemorial; allied leaders of every nation friendly with the United States; huge majorities of Americans; and the decent opinion of mankind, and womankind, in every nation around the world all oppose torture.

Those who disagree with me must believe that crimes were committed and that those crimes should go unpunished. This is wrong and indeed contrary to the core principles of our nation, the core rules of law, our obligations to international laws that we uphold, common decency and the life-and-death interests of our men and women in uniform who pay the price of the torture they disapprove of.

We punished the private. We should punish anyone else guilty of the crime, or the cover-up of the crime. It is simple as basic decency and as simple as the pledge to faithfully execute the laws of our country.