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Independent Investigation of Military Abuses Needed

by TChris

Can we trust the Pentagon to investigate itself? In addition to criminal investigations of specific abuse allegations, the military has opened six broader investigations into the treatment of prisoners. But by charging each investigation with a narrow and specific task, the Pentagon assures itself that no investigation is likely to follow the evidence very far up the chain of command.

None of the investigations has been assigned to look specifically at higher-ups at the Pentagon, or at leadership in Central Command, which has responsibility for Iraq. Even the investigation most eagerly anticipated by Congress, Maj. Gen. George Fay's look at military interrogators, is expected to stop well short of determining if any responsibility lies with top generals or Pentagon policy-makers, because Fay's probe is designed to focus on the role of military intelligence at the prison.

Only an independent investigation can reach to the top of the Pentagon.

"No one who is a uniformed officer is going to have the authority to get into [questioning] Rumsfeld" or his top deputies, said Scott Silliman, a military justice expert and law professor at Duke University. "The only way you're going to crack that nut is to have either the statutorily independent [Pentagon] inspector general take a look at it, or Congress."

Donald Rumsfeld undoubtedly hoped to preempt an independent investigation by appointing a panel, headed by former defense secretary James Schlesinger, to review the military's detention operations and decide whether further inquiries are warranted. But the panel, hand-picked by Rumsfeld, is hardly independent, as evidenced by remarks made by one of its members, former Republican Congresswoman Tillie Fowler, who insists that Rumsfeld will not be a focus of the panel's investigation.

"The secretary is an honest, decent, honorable man, who'd never condone this type of activity," she said in a telephone interview, referring to the images of naked, hooded and shackled prisoners being abused at Abu Ghraib last fall. "This was not a tone set by the secretary."

The panel selected an executive director who was employed by a major defense contractor. If he wants to return to the work he knows so well after the panel concludes its investigation, he isn't likely to push the panel to be critical of the Pentagon.

We might expect our elected representatives to step in and do the job, but House Republicans claim that Congressional investigations would "distract from the larger effort in Iraq." That's like saying that investigating responsibility for child abuse in a day care center would "distract" from the larger effort to provide child care. Some Republicans are starting to dissent from the party line, including Rep. Heather Wilson of New Mexico, who says she's disappointed that the House has abdicated its investigative oversight role. Voters should be disappointed too, and they should remember their disappointment in November.

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