The Nation.



In Kind

Diary of a Mad Law Professor

By Patricia J. Williams

This article appeared in the May 31, 2004 edition of The Nation.

May 13, 2004

As of this writing, seven in ten Americans want Defense Secretary Donald Rumsfeld to remain at his post, a vote of confidence that exceeds that even for the President himself. The majority apparently agree with Bush that Rumsfeld is doing a "superb job," that war is hell, and--Geneva Conventions notwithstanding--that hell includes war crimes like rape and torture. So the people have spoken, the poll people at least--a jolly thumbs-up to "whatever it takes." Nevertheless, it's awfully hard not to look at those hoods and think Inquisition; or the piles of naked and sodomized men and think Abner Louima; or the battered corpses and think Emmett Till. According to Time magazine, the photo of the prisoner with electrodes attached to his arms and genitals is illustrative of "a classic torture method known as crucifixion.... This kind of standing torture was used by the Gestapo and by Stalin...although the wires and the threat of electrocution if you fell were a Brazilian police innovation."

This is not minor or mere "lack of discipline." This mess is the predictable byproduct of any authority that starts "sweeping" up "bad guys" and holding them without charge, in solitary and in secret, and presuming them guilty. It flourished beyond the reach of any formal oversight by Congress, by lawyers or by the judiciary, a condition vaguely rationalized as "consistent with" if not "precisely" pursuant to the Geneva Conventions. Bloodied prisoners were moved around to avoid oversight by international observers, a rather too disciplined bit of sanitizing. Indeed, all this unpleasantness embarrasses even Rumsfeld, who is feeling "terrible" these days. Just terrible.

Perhaps those approval ratings will shift as yet more revelations come to light; as the denial wears off and the criminality sinks in. But what does it mean for the state of our Union that so many ordinary Americans currently seem to resemble a battered wife explaining to the police how her husband was just trying to discipline that wailing baby when he accidentally tossed it out the window...

Subscriber Login

4 ISSUES FREE

Subscribe Now!

The only way to read this article and the full contents of each week's issue of The Nation online is by subscribing to the magazine. Subscribe now and read this article -- and every article published since for the past five years -- right now.

There's no obligation -- try The Nation for four weeks free.

.

About Patricia J. Williams

Patricia J. Williams, a professor of law at Columbia University and a member of the State Bar of California, writes The Nation column "Diary of a Mad Law Professor." Her books include The Rooster's Egg (1995), Seeing a Color-Blind Future: The Paradox of Race (1997) and, most recently, Open House: On Family Food, Friends, Piano Lessons and The Search for a Room of My Own (Farrar Straus and Giroux, 2004.) more...

Popular Topics
Most Searched

Issues »

Most Emailed

Issues »

Blogs

» Campaign 08

Witnessing Republican Disaster in Mississippi | I traveled to Mississippi to probe the impact of a million-dollar Republican attack ad campaign that linked an insurgent Democratic candidate to Barack Obama and Rev. Jeremiah Wright.
Max Blumenthal

» J Street

Friday Capitol Letter | This week's round-up from Washington.
Te-Ping Chen

» ActNow!

No European Star Wars | Czech hunger strikers challenge Bush plan to deploy missile defense system in their homeland.
Peter Rothberg

» Editor's Cut

Pentagon, Pimps & Propaganda (continued) | The incestuous relationship between the government, the networks and so-called “independent” military analysts reveals the essence of a new military-media-industrial complex.
Katrina vanden Heuvel

» The Beat

California Decision Makes Same-Sex Marriage a 2008 Issue | Democrats need to recognize that social issues will be a part of the debate. And they need to get this one right.
John Nichols

» The Notion

Internet Gurus Flock to Harvard Conference | Blogging from the most important Internet gathering in the country.
Ari Melber

» Passing Through

The Disappearing Upper Class | Our focus on the "working class" vote highlights how oddly we use language to describe class in American politics.
Zephyr Teachout

» And Another Thing

Preachers and Politics | Secularism looks better and better.
Katha Pollitt