Haynes to exit stage right

For all the offensive officials in the Bush administration, it’s worth pausing a moment to celebrate when one of them leaves government service.

William J. Haynes II has served as general counsel at the Pentagon, where he was best known for having written the Defense Department’s infamous 2002 policies endorsing torture against terrorist suspects (in the process, Haynes sidestepped any military lawyer who was likely to object to his legal conclusions). On everything from military tribunals to bypassing the Geneva Conventions to detaining U.S. citizens without counsel or judicial review, it was Haynes who helped write the administration’s book.

Yesterday, to the country’s benefit, Haynes left the Pentagon and joined the private sector.

The Defense Department’s longest-serving general counsel, who has been criticized for his role in crafting Bush administration policies for detaining and trying suspected terrorists, is resigning to return to private life next month, the Pentagon said Monday. […]

In 2006, President Bush nominated Haynes for a seat on the 4th U.S. Circuit Court of Appeals, based in Richmond, Va. The nomination was withdrawn in January 2007 when it appeared that the Senate’s new Democratic majority would not confirm Haynes.

A group of retired military officers opposing Bush’s position on the treatment of detainees had urged lawmakers to block Haynes’ appointment to the court. They contended that his role in establishing detention and interrogation policies led to abuses at the detention facility at the U.S. naval base at Guantanamo Bay, Cuba, and called into question the military’s commitment to the rule of law.

The degree to which Haynes’ service had become scandalous became even more apparent just last week.

This one spoke volumes.

At this point, it’s not even controversial to say that the military commissions at Guantanamo Bay are a sham. The current chief judge there has written that the military tribunals have “credibility problems.” And the former chief prosecutor, after resigning, publicly criticized the system as “deeply politicized.”

Now that former prosecutor, Col. Morris Davis, has given more evidence of that politicization in an interview with The Nation after the six Gitmo detainees were charged. Davis says that in an August, 2005 meeting with William Haynes, then the Pentagon’s general counsel, Haynes seemed to completely discount the possibility of the military tribunals acquitting any of the detainees. Now, of course, Haynes has been installed as the official overseeing the whole process, both the prosecutors and the defense.

When Davis noted that trials would at least validate the process, win or lose, Haynes wouldn’t hear of it: “Wait a minute, we can’t have acquittals,” Haynes said. “If we’ve been holding these guys for so long, how can we explain letting them get off? We can’t have acquittals, we’ve got to have convictions.”

That this guy served as long as he did is a scandal. That Bush twice tried to give this guy a lifetime appointment to the federal appeals court is an outrage. That this guy is leaving government service now is a relief.

“Wait a minute, we can’t have acquittals,” Haynes said. “If we’ve been holding these guys for so long, how can we explain letting them get off? We can’t have acquittals, we’ve got to have convictions.”

Correct me if I’m wrong, but isn’t this EXACTLY what “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed,…” was written for?

When you shred the Bill of Rights, this is what you get: a bunch of “criminals” who are guilty by reason of lengthy captivity.

  • What Tom said in #2, except maybe it will take a few days.

    If these guys skate, if the Dems don’t prosecute, it will send a single, very clear message to the next batch of crooks: Go for it. Fuck the constitution, just do what you will, because there will be no penalty.

  • Lifetime appointment as a federal judge? It’s as if George W. Bush was more than a petulant moron. It’s as if he were intelligently trying to destroy the United States of America.

    I’m having a hard time trying to conceive of what Haynes is qualified to do in the private sector. Who in the private sector needs torture advocates and designers of kangaroo courts? Syria?

    But I see that Haynes is a former “Staff vice president and associate general counsel” at General Dynamics. Yes, the military-industrial complex! The perfect soft landing for this moral midget.

    It’s amazing and ironic that the Harvard law school could produce both Barak Obama and William Haynes. Obviously it isn’t your education – it’s what you do with it.

  • I’m having a hard time trying to conceive of what Haynes is qualified to do in the private sector. Who in the private sector needs torture advocates and designers of kangaroo courts? Syria?

    Based on past history of revolving door DC, Haynes will get a job at a law firm that specializes in suing the Government on behalf of illegally detained persons of foreign birth;>

  • Or act as a consultant for government officials being sued for their participation in illegally detaining persons of foreign birth;>

  • How long is the list of pardons that President Bush will need to issue on the way out? Who do you think is on the list?

  • “Yesterday, to the country’s benefit, Haynes left the Pentagon and joined the private sector.”

    Sorry CB, but I have to disagree with that statement in principle. While yes, it’s good that Hayes will not be able to wreak more of his amoral damage at his position, it is not good for this country that he will now get to make even more money being a high-priced legal whore for an unscrupulous company. In a just world he’d be facing what Tom Cleaver and Racer X said.

  • It remains to be seen what sort of retroactive or perpetual immunity Bush tries to grant on his way out, assuming he gets out. Ultimately, unless Bush and Cheney are impeached, and convicted, there no longer is any effective limit to the ends an administration can go to get what it wants. This administration has effectively ended all accountability, and no future administration is likely to give up unlimited power voluntarily.

    Why is this not an issue in the presidential campaign? Perhaps it will be in the general, but so far I’ve not seen much discussion of this quintiessential issue. I definitely want to hear from Obama and McCain what they have to say about returning to a true nation of laws not men.

  • Let’s see, what’s on the list of things urgently in need of repair in the next four years?

    Bill of Rights –
    Global Warming –
    War: threatening to expand regionally, from Pakistan to Sudan and Kenya to Turkey, and overwhelm our military –
    Peak Oil and Gas –
    Economy –

    Why is it I see the cover of ‘The World is Flat’. Is that the ship of state going over the edge?

    Who’s at the helm – Thomas Friedman, Dick Cheney, or the DLC?

    The October surprise should be interesting – so much opportunity, so many opportunists! Which surprise will they pull out of the bag?

    I guess we just have to build a movement that will put the ship of state back on course. With fewer of us gainfully employed we’ll have more time.

  • “Wait a minute, we can’t have acquittals,” Haynes said. “If we’ve been holding these guys for so long, how can we explain letting them get off? We can’t have acquittals, we’ve got to have convictions.”

    This rings a bell. This is more or less what Felix Dzershinsky, former head of the Cheka, said after the early purges in Soviet-Russia in the 1920s left Cheka prisons full of political prisoners. I wonder if Haynes would also condone show trials and drugging prisoners in order to get them to sign a confession. He already condoned that other main instrument of the Cheka, several physical and psychological torture.

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