Andrew Sullivan is concerned about something other than Karl Rove:
GENEVA SUSPENDED: We have new evidence that president Bush's suspension of the ban on torture under the Geneva Conventions and under American law was ordered over the objections of the judge advocate generals (JAGs) for the Army, Air Force and Marines. Money quote:
A law enacted in 1994 bars torture by U.S. military personnel anywhere in the world. But the Pentagon working group's 2003 report, prepared under the supervision of general counsel William J. Haynes II, said that "in order to respect the President's inherent constitutional authority to manage a military campaign ... [the prohibition against torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority." Haynes -- through Daniel J. Dell'Orto, principal deputy general counsel for the Defense Department -- wrote a memo March 17 that rescinded the working group's report, and Dell'Orto confirmed that withdrawal yesterday at the hearing. According to a copy of the memo obtained by The Washington Post, the general counsel's office determined that the report "does not reflect now-settled executive branch views of the relevant law."Notice how broad the original exception was. It legalized torture anywhere for any POWs - not just enemy combatants - if the president so ordered. And we now have a precedent that would permit even legitimate U.S. POWs to be tortured in retaliation. We had a president declaring himself above the law, and he got his legal lackey, Alberto Gonzales, to rubber-stamp it. Does any sane person really believe that president Bush's personal suspension of the law against torture had nothing to do with the abuses that followed in every single theater of the war on terror? Or that his decision hasn't put U.S. soldiers now and in the future at greater risk even in conventional combat? Notice also how the military's legal representatives opposed it. The secretary of state opposed it. This was Bush's choice. The line from Abu Ghraib and Gitmo to the White House is perfectly straight. And people are fixating on Karl Rove?
Click on the link to the story he was referring to, and you also find this exchange:
Sen. Carl M. Levin (Mich.), ranking Democrat on the committee, asked the JAGs if they felt the tactics recently reported by investigators were consistent with Geneva Conventions prohibitions on torture. Air Force Maj. Gen. Jack Rives said he believed they were inconsistent. Levin also asked the generals if they would want U.S. prisoners of war treated that way.
"No, Senator, we would not," Rives said.
