A nation of laws

That do not apply to the outgoing administration. Dahlia Lithwick writes in today's Times that we can't simply "forgive and forget" the crimes committed by high officials.

Those who say that there should be no investigation or prosecution of senior officials who authorized torture and warrant-less surveillance rarely even bother offering legal justifications. They argue that the Obama administration has more urgent problems to contend with. They insist that any such process would devolve into partisan backbiting from which this country could never recover. And they insist, as did Attorney General Michael Mukasey in early December, that there is no basis on which to prosecute the architects of torture and wiretapping policies because each was acting to “protect the security in the country and in the belief that he or she was doing something lawful.”

Others — including unnamed officials on the Obama transition team — have already claimed that there is simply no political will for criminal prosecutions, or even a truth commission.

Of course all this is not the language of the law either. It is the language of self-fulfilling prophecy. With each successive recitation that there is no political will, the political will dissipates. With each repetition of the mantra that Americans just want to turn the page on the past eight years, Americans feel ever better about turning the page.

And why wouldn’t we? We aren’t merely forgiving Mr. Rumsfeld and Vice President Dick Cheney (who admitted in December to approving torture techniques) and others for their actions. We are also forgiving ourselves. We are telling ourselves that what happened at Abu Ghraib is behind us, and that what happened at C.I.A. black sites is over. We are telling ourselves that bad people did bad things under bad circumstances, but that it’s better to forgive and forget, that we are really truly sorry and it won’t happen again. We sound like a nation of drunks after a bender. We are full of good intentions, but unwilling to hold ourselves to account.

Lynndie England is in jail. The people who authorized her behavior are not.