What ifs and buts

Dahlia Lithwick and Emily Bazelon wonder what it would have meant had the CIA not destroyed the torture tapes.

Kevin Drum started asking the questions we are posing over the weekend. He pointed out that the tapes would have revealed "not just that we had brutally tortured an al-Qaeda operative, but that we had brutally tortured an al-Qaeda operative who was (a) unimportant and low-ranking, (b) mentally unstable, (c) had no useful information, and (d) eventually spewed out an endless series of worthless, fantastical 'confessions' under duress." Those confessions, and others like them, have been the underpinning for much of the government's legal assault on the rule of law in recent years, from free and open trials, to secret expansions of executive powers. Certainly Drum is speculating, just like we are. It's impossible to say for sure what the tapes would have revealed, much less how such revelations might have changed all these recent events. But it's worth trying to refit the pieces, because this evidence was deliberately obliterated. Otherwise, the CIA's act of destruction wins.

Like so many crimes committed over the past seven years, I'm not holding my breath that anyone will be held to account on this.

Kevin Drum continues to ask interesting questions.