We have Godwin's law, which argues that:
"As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one" (Wiki).
Now we have something else, something I never thought an American leader would say in public, let alone argue in front of Congress. What we now have is Mukasey's law, which I will define as such:
"When a democracy is in decline, the increasingly illegal and immoral acts of its leaders will be justified by the same arguments used by the Nazis to justify their illegal and immoral acts."
The Attorney General of the United States quite literally turned to the Nazi defense in order to argue why he won't allow the Department of Justice to investigate war crimes committed by US military and intelligence personnel under the orders of the US President. The argument that Mukasey presents is summarized in this Boston Globe article as follows:
"Attorney General Michael B. Mukasey said yesterday that he will not
allow the Justice Department to investigate whether CIA interrogators
broke an antitorture law when they subjected detainees to simulated
drownings, a controversial interrogation technique known as
waterboarding that the Bush administration this week acknowledged it
has used in the war on terrorism.
Testifying
before the House Judiciary Committee, Mukasey said it would be
inappropriate to investigate the interrogators because the Justice
Department had issued secret memos concluding that President Bush's
wartime powers made waterboarding and warrantless surveillance legally
permissible.
"Essentially, it would tell people, you rely on a
Justice Department opinion as part of a program, then you will be
subject to criminal investigation when and if the tenure of the person
who wrote the opinion changes or, indeed, the political winds change,"
Mukasey said. "And that's not something that I think would be
appropriate, and it's not something I will do."'
In other words, what Mukasey is saying is that the White House, DOD, and CIA all relied on a bad legal opinion of John Yoo (the DOJ hack), and as a result, they should not be held accountable. Before I get to the truly sinister background of this argument, let me first point out that every department's, cabinet's, and even White House's own legal council signed off on the legal permission slip to torture issued forth by John Yoo.
In fact, David Addington, Dick Cheney's legal council was promoted. Alberto Gonzales, the White House council was also promoted. Yoo went off to get a full professorship at Berkley. Not only have the legal minds behind the US torture program escaped accountability, so have their leaders and the actors who carried out the orders of those leaders. Everyone from inception to execution has been given a pass. And even though Yoo is being blamed now entirely, he too has yet to face any questions. He has not been disbarred even. It is a slap in the face of justice to watch this charade play out on the public stage, for the world to see.
More importantly, it is a failed argument already tested in the world court by morally deranged politicians, lawyers, doctors, and others we have come to call war criminals.
You see, during the Nuremberg trials, the legal minds who crafted legal advice for Hitler and his machine of evil were charged with war crimes and crimes against humanity. Moreover, the Nazi leaders who used those legal rulings to issue orders and the underlings who subsequently followed them were also found guilty of war crimes and crimes against humanity. Even German leaders of industry were put on trial and convicted for crimes against humanity because they aided their government in the "war effort."
In other words, at every stage - from planning to execution - everyone who made it possible for people to be tortured, disappeared, and murdered were held accountable. The Nuremberg trials showed the future that the evils of history could be avoided - if punished and diligently watched for - and needed to be avoided if humanity was to survive.
Yet we are to believe that Dick Cheney's push for torture chambers all over the world, the use of secret flights (via industry help) to kidnap and transport prisoners from chamber to chamber and ultimately to grave, the destruction of evidence clearly documenting these crimes being committed, and the litany of other crimes in between that allow one man's evil vision to be realized has been defended by Mukasey as the fault of a single lawyer giving bad legal advice?
My god, what have we become when the only argument available to a government claiming to be a democracy is the argument used by Nazis to justify their crimes? Think about this and let it sink in fully. Really consider this.
And if your mind fails to realize what I am talking about, then let me once again share photos taken by our own people showing exactly what Mukasey is including in his defense of simulated drowning. You do realize that when he says "waterboarding," what he means is the whole host of crimes of which waterboarding is only the most visible, right?