Wednesday, August 06, 2008

Did FBI Torture Ft. Detrick Anthrax Researcher to Death?

If news accounts are true, then based on definitions found on a memorandum at the Department of Justice Office of Legal Counsel Website, I think one could reasonably conclude that allegations of FBI harrassment of Bruce Ivins and his family fit the legal definition of "torture":
Section 2340A provides that "[w]hoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life." (9) Section 2340(1) defines "torture" as "an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control."(10)
Driving a suspect to commit suicide through the infliction of mental pain and suffering in no way promotes equal justice or rule of law.

Instead of arranging a photo-op with anthrax victims' families (actually families of innocent bystanders, since the intended victims were people like Tom Brokaw, Senator Daschle, and Senator Leahy), perhaps Attorney General Mukasey might begin a torture investigation of the FBI agents involved in this fiasco...and if there is evidence of torture, prosecute the FBI agents involved to the full extent of the law.

IMHO, the death of Bruce Ivins--guilty or not--before he had a chance to face his accusers in a courtroom, makes a mockery of American claims to fight human rights abuses around the world--and of Mukasey's oath of office to preserve, protect and defend the Constitution of the United States. (BTW, where is the Human Rights Watch press release on this case?)

More updates from Glenn Greenwald on Salon.com, at Meryl Nass's blog and Larisa Alexandrovna's blog..