Cheers to the US for convicting Charles Emmanuel for torture he committed in Liberia. It’s a no-brainer that the US prosecuting Emmanuel while not seriously considering prosecuting US officials for torture under any law is hypocritical. However, some progressives cite the Emmanuel case as evidence of US hypocrisy and legal precedent to prosecute Bush. But, in the legal context of torture prosecutions, hypocrisy arises only if the law used to prosecute Emmanuel is applicable to Bush but the US decides against prosecution.
While Emmanuel used different means of torture than the US, torture is torture…unless the law is the one used to prosecute Emmanuel. Emmanuel was prosecuted under a US law that creates a bifurcated torture system that distinguishes between Bush’s permissible “torture lite” and criminal “severe torture.” In fact, Bush created his “torture lite” system based on the law used to prosecute Emmanuel and likely decided to prosecute precisely because it creates legal precedent that Bush can cite to either prevent a prosecution or provide a defense creating reasonable doubt in one juror’s mind to set him free. Thus, progressives spotlighting this Emmanuel case may increase the odds against prosecution of US officials.