cyrano | And I thought I was nauseous before

Eric Holder and Barack Obama have taken pains to tell the American people that water-boarding is illegal torture. So what? That's just their opinion. President Bush disagrees. The persistent failure to hold anyone accountable at any level for years of state-sanctioned abuse speaks louder than their words. It has taken this issue from a legal question to a matter of personal taste. What we choose to define as torture is now just another policy disagreement, like extending the Bush tax cuts or picking a caterer. This is precisely the kind of sliding-scale ethical guesswork the rule of law should preclude.

Those of us who have been hollering about America's descent into torture for the past nine years didn't do so because we like terrorists or secretly hope for more terror attacks. We did it because if a nation is unable to decry something as always and deeply wrong, it has tacitly accepted it as sometimes and often right. Or, as President Bush now puts it, damn right. It spawns a legal regime that cannot be contained in time or in place; a regime that requires that torture testimony be used at trials and that terror policies be withheld from public scrutiny. It demands the shielding of torture photos and the exoneration of those who destroyed torture tapes just a day after the statute of limitations had run out. Indeed, as Andrew Cohen notes, when the men ordering the destruction of those tapes are celebrated as "heroes," who's to say otherwise?

And yes, I think it's apt that the Man in Black is my icon here.