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[JDPriestly]

47. Criminal penalties, among other things, serve as deterrents to

criminal behavior, anti-social behavior.

The question is partly whether our leaders are or are not above the law. Think of the man in Cleveland who kidnapped the women and kept them locked up in his house. Was he a torturer among other things? He was recently sentenced to a prison term. Should those who torture under the orders of leaders who condone criminal acts be subject ot the same kinds of legal penalties that the man in Cleveland is subject to?

Or are government employees who believe in good faith that they are torturing to protect Americans subject to a different, more lenient law. I don't think they can claim to have done it in self-defense or defense of others, but then special laws apply in war. Is torture OK in war against prisoners of war. I don't think so, but if the Obama administration thinks it is then that may be why Obama is so reluctant to discuss criminal penalties. I think that torture is illegal under international law and violates the principles our military has followed since Washington and the American Revolution. So I think that those who engaged in torture should be charged with crimes on that ground.

The second issue is deterrence. If we want to stand up for the principles that George Washington stood for and enforced in the Revolutionary War and that we have tried to stand for and enforce with our military since that time, then we should try to deter future CIA or military officers from torturing prisoners. So on this ground also, criminal penalties for the torture are appropriate.

Are as a nation we what we claim to be or not?

We like to see ourselves on the moral high ground. It's time to demonstrate that we are in my view. And that means charging those who tortured and those who approved of the torture with crimes.

But that is politically a very difficult thing to do.

Other nations likd the Palestinians and Israel may choose to do what serves their interests without thought of morality, but should we do that?