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Baptist Ethicist Statement on Executive Orders

Statement from Dr. David Gushee, Distinguished University Professor of Christian Ethics and President of Evangelicals for Human Rights:

Three years ago, in partnership with the National Religious Campaign Against Torture, evangelicals organized an initiative to protest and to reverse counterterrorism policies that violated Christian values, American values, and international moral and legal standards. Last year, we joined together with the Center for Victims of Torture to undertake a joint campaign for a presidential executive order on torture, cruelty, and detainee policy.

Today, President Obama issued four executive orders that fulfill and in some cases go beyond both our long-term goals and the specific principles we articulated last year. We have rejoiced today to hear that President Obama has ordered a) that all interrogations be conducted in a manner consistent with the U.S. Army Field Manual, b) that any CIA-run secret prisons be closed; c) that Red Cross access be provided to any and all detainees in our custody, thus no one will ever again simply disappear at the hands of the United States; d) that the United States will come into compliance with Common Article 3 of the Geneva Conventions as a “baseline” for all aspects of U.S. detainee policy; e) that no person in U.S. custody will be transferred to any country in which they will be tortured; f) recognition of habeas corpus for all prisoners at Guantanamo and a case-by-case review; g) humane treatment of all prisoners at Guantanamo until such time as each case can be properly disposed, with that (infamous) prison to be closed within one year; h) suspension of military commissions and review of policy issues in relation to such commissions i) establishment of a Special Task Force involving the highest officials of his administration to undertake a comprehensive review of options in detainee policy.

It is striking that a refrain running through these executive orders is a concern for national security, foreign policy, and justice. The president has implicitly but clearly recognized today that the aberrant detainee and interrogation policies of the last seven years in fact damaged our national security, harmed our foreign policy interests, and violated core principles of justice.
Our only concern about the documents we have seen today is the provision that the Special Task Force review of interrogation policy options might suggest possibilities not covered by the U.S. Army Field Manual. Here, we will restate our long-held view that the Golden Rule principle—that the United States treat anyone in our custody in a way that we would believe an American in custody should be treated—should be the standard.

While we celebrate today, there is more to do. Congress passed laws during the Bush years that in some cases need to be repudiated through new legislation. Executive orders are a powerful tool but they can be reversed by new presidents or under new circumstances. We need new laws, and we also need a comprehensive review of what was done to people in our name since September 11. We need a religious and moral accounting, not just a legal one.

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Discussion

1. Jan 23, 2009—1:37 pm | Permalink Closing Gitmo & Secret Prisons; Banning Torture « Levellers says

[...] An order to place all interrogations under the standards of the U.S. Army Field Manual (which spells out interrogation techniques allowed by international law, especially the Geneva Conventions), effectively banning torture.  Several sources seem to see a loophole for expanding those interrogation techniques in the order, but given the people Obama is putting in the Office of Legal Counsel, I don’t really fear that he will allow torture to sneak back in.  I worry more that what is ended by executive order could be allowed again by another executive order in a future administration.  Congress should act quickly to require all interrogations be controlled by the standards of the Geneva Conventions and the relevant treaties against torture. Statute removes this from simply policy differences.  (Prosecuting past abuses does this, too–putting all future administrations on notice.) We need to be vigilant, here. All politicians like to give themselves “wiggle room” vis-a-vis the law and Obama the Constitutional Scholar will struggle with Obama the Commander in Chief in a world of terrorist networks.  Congress, the courts, and WE, the PEOPLE, need to work against any temptations to backslide back into the Bush era.  Faith networks like Evangelicals for Human Rights and the National Religious Coalition Against Torture need to play our part–because stupid pro-torture TV shows like “24″ are shaping public attitudes where moral authorities do not speak up. UPDATE:  Aaron Weaver has posted the public reaction from my friend, Baptist ethicist Dave Gushee, founder of Evangelicals for Human Rights, on these orders at this link! [...]

2. Jan 23, 2009—8:47 pm | Permalink Michael Westmoreland-White says

Nice statement from Dave. Thanks for posting it, Aaron.

3. Jan 24, 2009—6:18 pm | Permalink DAvid Lowrie says

Thank you for this reminder about the dark side of leadership today. I pray the Lord will guide President Obama as he seeks to keep our land safe, and yet be human and just to our enemies. Loving enemies like Jesus taught is by far the most powerful way to change the world.

David Lowrie

4. Jan 26, 2009—10:30 am | Permalink Joe Blackmon says

Of course, instead of making this poor decision just as the left wanted him to do, there is another solution to torture.

If the enemy simply would lay down their weapons and agree to live peacefully there would be no problems. We would have no enemy soldiers to capture and interigate. The good guys (that would be us–have to explain that to liberals) would win.

5. Jan 26, 2009—6:51 pm | Permalink Cat's Dad says

In less than one week, President Obama has come through on his promise of “change.”

Think about it. We now can insure that terrorist detainees will not get all wet or uncomfortable, AND offer to pay for their wives back home to have abortions.

Let us pray our leader will be able to see out of both lenses and recognize who the enemies are.

6. Jan 26, 2009—7:29 pm | Permalink Joe Blackmon says

Cat’s Dad

Come on, dude. Didn’t you get the memo? America is the enemy. Gosh, don’t you know nuthin’?

7. Mar 3, 2009—3:33 am | Permalink Alexwebmaster says

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