Anthony Romero, director of the American Civil Liberties Union, has published in the NY Times a plea to pardon the officials who approved or conducted torture. This seemed to me ridiculous at first, but on reading his argument I find that it makes a certain kind of perverse sense. Given that the US government has shown itself incapable of prosecuting these atrocities, the only way to assert the principle that these were in fact crimes, and not simply exuberant excesses of patriotic zeal, is to issue pardons. It would also have the salutary effect of making explicit the intention of the US not to prosecute, opening the way for other governments and international courts.
But when you let that sink in, it makes clear how close the corruption of the American state has come to making the US ungovernable. A state that is incapable of punishing officials who conspire to commit some of the most heinous war crimes of recent times is either a tyranny or constitutional anarchy; and the US is definitely not a tyranny. The US constitution has had a good run, but it seems to be coming apart at the seams. Continue reading “Pardons instead of prosecutions”

