The Long Shadow of Torture: A Case Study in Delayed Justice

The recent ruling by Judge Michael Schrama throwing out Khalid Sheikh Mohammed’s confession due to concerns over its voluntariness has shed light on a long-standing problem: the use of torture as an interrogation technique. This case is often associated with the War on Terror, but it serves as a stark reminder that the consequences of such actions can linger for decades.

The 9/11 Commission’s findings on Mohammed’s involvement in the attacks were clear. However, proving his guilt beyond a reasonable doubt has proven elusive. Without the tainted confession, prosecutors now face a daunting task in securing a conviction, highlighting the pernicious impact of torture on the pursuit of justice.

The Bush administration justified circumventing normal procedures by citing the gravity of the attacks and the perceived urgency of preventing future ones. However, this willingness to bend or break the rules has had far-reaching consequences that continue to haunt us today. The decision to use torture not only undermined justice but also created a culture of impunity, where those responsible for egregious actions have often been able to avoid accountability.

The current White House has emphasized speed over rules, with the Trump administration exemplifying this approach. For instance, the botched Reflecting Pool repair and improper deportations demonstrate the consequences of prioritizing expediency over due process. The long-term effects of such decisions will likely take years to fully materialize, as seen in the destruction of American scientific research, the hollowing out of the civil service, and the wrecking of the global order.

Accountability becomes a vital lesson in this context: investigating and potentially punishing misconduct is essential in preventing the entrenchment of impunity. The Obama administration’s decision not to investigate or prosecute those responsible for torture during the Bush years created an atmosphere of immunity, allowing perpetrators like Jay Bybee, John Yoo, and Gina Haspel to retain influence.

In a nation beset by polarization and division, the temptation to bend or break rules is strong. However, as the prolonged process of trying to convict Mohammed shows, undermining justice now has a pernicious tendency to undermine it later. The long shadow of torture serves as a stark reminder that the consequences of our actions today will be felt for years to come.

The pursuit of justice must not be sacrificed at the altar of expediency or convenience. It’s time to confront the ghosts of our past and hold those responsible accountable for their actions. Only by doing so can we begin to rebuild a system that prioritizes human rights and due process above all else. The case of Khalid Sheikh Mohammed serves as a stark warning: delayed justice is not justice at all, but rather a hollow promise that the rule of law will eventually prevail – a promise that often means justice remains elusive, lingering just out of reach for years to come.