Slate has compiled a list of The 10 most outrageous civil liberties violations of 2006. Perhaps the one I find more galling is the Abuse of José Padilla, since it clearly represents the hubris of the current U.S. administration.
First, he was, according to then-Attorney General John Ashcroft, “exploring a plan to build and explode a radiological dispersion device, or ‘dirty bomb,’ in the United States.” Then, he was planning to blow up apartments. Then he was just part of a vague terror conspiracy to commit jihad in Bosnia and Chechnya. Always, he was a U.S. citizen. After three and a half years, in which he was denied the most basic legal rights, it has now emerged that Padilla was either outright tortured or near-tortured. According to a recent motion, during Padilla’s years of almost complete isolation, he was treated by the U.S. government to sensory and sleep deprivation, extreme cold, stress positions, threats of execution, and drugging with truth serum. Experts say he is too mentally damaged to stand trial. The Bush administration supported his motion for a mental competency assessment, in hopes that will help prevent his torture claims from ever coming to trial, or, as Yale Law School’s inimitable Jack Balkin put it: “You can’t believe Padilla when he says we tortured him because he’s crazy from all the things we did to him.”
One can’t help but wonder if this will become their modus operandi: torture them until they’re driven mad, and then state their claims of torture can’t be believed because they’re mentally unstable.