Torture began at the top

Along with Goldsmith's earlier revelations, the current Senate investigation has established definitively that the drive to make torture an instrument of U.S. policy originated at the highest levels of the Bush administration -- mainly in the circle that included Cheney, Rumsfeld and Addington. This group had come to Washington determined to implement its theory of "the unitary executive," which holds that presidential powers of all sorts have been dangerously diminished since the Vietnam War. The fact that these guys seem to have defined executive branch power as the ability to hold people in secret and torture them pushes the creepy quotient into areas that probably require psychoanalytic credentials.

Right-wing -- as opposed to conservative -- commentators already have begun branding the Senate investigation and parallel House inquiries as a witch hunt designed to discredit administration policies that they say have kept the country free from attack for seven years. (It's interesting, however, that even Pentagon spokespeople no longer hint that interrogations involving torture elicited information on planned attacks, let alone imminent ones.)

Part of the hysteria over all this that you see in places like the Wall Street Journal editorial pages stems from an anxiety that congressional inquiries, like that of Levin's committee, will lead to indictments and possibly even war crimes trials for officials who participated in the administration's deliberations over torture and the treatment of prisoners.

It's true that there are a handful of European rights activists and people on the lacy left fringe of American politics who would dearly like to see such trials, but actually pursuing them would be a profound -- even tragic -- mistake. Our political system works as smoothly as it does, in part, because we've never criminalized differences over policy. Since Andrew Jackson's time, our electoral victors celebrate by throwing the losers out of work -- not into jail cells.

The Bush administration has been wretchedly mistaken in its conception of executive power, deceitful in its push for war with Iraq and appalling in its scheming to make torture an instrument of state power. But a healthy democracy punishes policy mistakes, however egregious, and seeks redress for its societal wounds, however deep, at the ballot box and not in the prisoner's dock.

To do otherwise risks the stability of our own electoral politics almost as recklessly as the Bush/Cheney regime has risked our national interests abroad.

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timothy.rutten@latimes.com