Obama's Justice: Reconciliation, Not Retribution
Wednesday 18 February 2009
by: Cynthia Boaz, t r u t h o u t | Perspective

President Barack Obama. (Photo: Gerald Herbert / AP)
In the wake of Sen. Patrick Leahy's (somewhat) surprising and determined call for a Truth Commission to investigate the abuses of the Bush-Cheney administration, the Obama administration has been - to many progressives and those on the left of center - disturbingly silent. It's safe to say that the president's less-than-forceful position on the issue has been a source of intense criticism and skepticism from the left about the president's sincerity regarding his claims to promote a new era of transparency and accountability in American politics.
These concerns reflect a fundamental misunderstanding of the president's perspective as well as his role. A Truth Commission is a serious matter. In societies overcoming severe oppression or wrongdoing, Truth (or Truth and Reconciliation) Commissions can serve a critical role in healing the wounds wrought by the injustices and can promote much-needed trust, goodwill and reconciliation between the various parties. Peru, South Africa, Morocco and East Timor are just a few of the places where TRCs have helped their societies heal and have facilitated reform by acknowledging past wrongs and ensuring that the horrors of history will not be repeated.
Night after night, on radio talk shows, disgruntled, self-identified progressives call in to inform the host and her audience that we (the American people) can - in fact - "walk and chew gum at the same time" (a response to the argument on the part of some Obama defenders that now - in the midst of the worst economic crisis in decades - is simply not the right time to focus our energies on a task of this magnitude - that such an effort would be an irresponsible distraction). Those folks, many of whom, frankly, invoke images of villagers wielding torches and pitchforks, are sadly missing the point.
For starters, the Obama administration has taken as its primary goal the mission of reconciliation, not retribution. Although his efforts have been thus far frustrated by a small but dogmatic segment of the Republican Party, Obama is, in the truest sense, a unifier. It is simply not the style - politically or personally - of this president to seek the same sort of "justice" desired by the pitchfork-wielding villagers. In the mind of this president (I imagine, anyway) emphasis on punishing wrongdoers runs the risk - especially in this very politically contentious climate - of only promoting divisions and inflaming precisely the wrong emotions necessary for a culture of healing - namely, anger, hostility and the desire for vengeance. To wit: one caller to a progressive radio show stated (apparently oblivious to the irony) that "Bush should be publicly shamed." Surely this person - and others like him - do not seriously believe that the appropriate response to the culture of impunity we've been subject to for the past eight years is the subsequent creation of a culture of retribution.
This is not to say that the president does not hold a high regard for the rule of law, or that Bush and the others should not be held accountable for their misdeeds - which in some cases, appear to rise to the level of crimes against humanity. To the contrary - and this brings me to my second point - the rule of law can only truly be applied in an environment that is as independent from political motive as possible. If Obama were to come out openly advocating the seeking of legal retribution for the crimes of Bush, Cheney, Rumsfeld and the others, it could not but be regarded (accurately, in my view) as a political maneuver. Such an event would degrade the president's legitimacy by rendering his tactics no better than those of the people he would seek to prosecute. While the president certainly can (and should) not hinder the prosecution of his predecessor and his administration should another state (who can use the ICC) or entity (such as an organized group wishing to file a class-action suit against the previous administration for harm to the group as a whole - e.g. taxpayers organization, veterans groups, etc.), it is not the job of the president himself to seek such "justice." Directly punishing their predecessors is something done by tyrants in authoritarian regimes, not by legitimate, democratic leaders in an open society. This is why it was the widely revered cleric Desmond Tutu, rather than the newly elected President Nelson Mandela, who led South Africa's own Truth and Reconciliation Commission at the conclusion of Apartheid in that country.
As Americans and democratic citizens, we have an obligation to acknowledge the truth about our recent shared past and its present consequences. But this can only legitimately be done by those whose job it is to hold leaders accountable in a democratic society - the people. And it can only justly be motivated by a genuine desire to adhere to the rule of law, not by a desire to seek political retaliation. Otherwise, our collective hope for evolution beyond the stains of our recent past is nothing more than a facade for our complicity in politics as usual.
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Cynthia Boaz is assistant professor of political science at Sonoma State University, where she specializes in political development, quality of democracy and nonviolent struggle.



Comments
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Each day that passes makes
Wed, 02/18/2009 - 14:53 — Hammer (not verified)Right on Cynthia. As much as
Wed, 02/18/2009 - 14:58 — Bruce Miller (not verified)So let's get the commission
Wed, 02/18/2009 - 14:58 — Anonymous (not verified)So what do you do for those
Wed, 02/18/2009 - 14:59 — MaryAnn Heard (not verified)This argument strikes me as
Wed, 02/18/2009 - 15:03 — mohanan (not verified)While there are more
Wed, 02/18/2009 - 15:36 — Anonymous (not verified)Amen. I want to see Bush
Wed, 02/18/2009 - 15:40 — Anonymous (not verified)Just before offering again
Wed, 02/18/2009 - 15:45 — Anonymous (not verified)Boaz misunderstands what is
Wed, 02/18/2009 - 15:47 — Edmund McWilliams (not verified)Cynthia: I must, I'm afraid,
Wed, 02/18/2009 - 15:53 — Dennis Loo (not verified)Cynthia is right in that it
Wed, 02/18/2009 - 15:56 — Mike (not verified)How does Cynthia Boaz think
Wed, 02/18/2009 - 15:58 — Pete Hart (not verified)Those in the Bush
Wed, 02/18/2009 - 15:59 — Anonymous (not verified)Amen, and thank you.
Wed, 02/18/2009 - 16:07 — Ken (not verified)On my fridge is a cartoon of
Wed, 02/18/2009 - 16:11 — SoPo John (not verified)"Truth Commission" = another
Wed, 02/18/2009 - 16:12 — mysterioso (not verified)While Ms. Boaz is certainly
Wed, 02/18/2009 - 16:15 — BillyDoc (not verified)Ms. Boaz-Regarding the
Wed, 02/18/2009 - 16:19 — Michael (not verified)I think some posters here
Wed, 02/18/2009 - 16:21 — FJ (not verified)Thank you Professor Boaz for
Wed, 02/18/2009 - 16:32 — Anonymous (not verified)Obama stated that "no one is
Wed, 02/18/2009 - 16:32 — Anonymous (not verified)To clarify an unfortunate
Wed, 02/18/2009 - 16:41 — Cynthia B. (not verified)Agreed. So specifically what
Wed, 02/18/2009 - 16:44 — MichaelM (not verified)Truth and reconciliation is
Wed, 02/18/2009 - 16:45 — Anonymous (not verified)this is so deeply and
Wed, 02/18/2009 - 16:54 — isa kocher (not verified)On legal matters: ask
Wed, 02/18/2009 - 16:55 — NYCartist (not verified)After 8 years of deceit and
Wed, 02/18/2009 - 17:01 — Anonymous (not verified)No interference from Obama,
Wed, 02/18/2009 - 17:25 — Michael S. Cullen (not verified)There should be
Wed, 02/18/2009 - 17:39 — bmorejoe (not verified)I think I understand what Ms
Wed, 02/18/2009 - 17:46 — Anonymous (not verified)Of course , the innocent
Wed, 02/18/2009 - 17:55 — Anonymous (not verified)Retribution cannot be
Wed, 02/18/2009 - 17:55 — Ken Allen (not verified)I would like to know when
Wed, 02/18/2009 - 18:04 — Anonymous (not verified)Hey Cynthia, you can't have
Wed, 02/18/2009 - 18:05 — Anonymous (not verified)Cynthia Boaz makes a cogent
Wed, 02/18/2009 - 18:05 — Frank Silovsky (not verified)Should the crimes, by the
Wed, 02/18/2009 - 18:08 — jstuv (not verified)What about the people who
Wed, 02/18/2009 - 18:11 — Anonymous (not verified)We have the RNC Eight being
Wed, 02/18/2009 - 18:19 — Bruce (not verified)Since when is investigating
Wed, 02/18/2009 - 18:23 — Bruce (not verified)I can't express how wrong I
Wed, 02/18/2009 - 18:28 — Anonymous (not verified)When did the word Justice
Wed, 02/18/2009 - 18:34 — I just want to know when (not verified)South Africa's Truth
Wed, 02/18/2009 - 18:40 — Gary Carnivele (not verified)This is not an issue our
Wed, 02/18/2009 - 18:41 — R. C. Day (not verified)Ms Boaz explained it
Wed, 02/18/2009 - 18:45 — Susan Jones (not verified)Bravo. Well said.
Wed, 02/18/2009 - 18:46 — Alicia (not verified)Thank you Cynthia for
Wed, 02/18/2009 - 18:55 — Jason (not verified)You say the President simply
Wed, 02/18/2009 - 19:33 — Anonymous (not verified)Thank you, Cynthia Boaz. I
Wed, 02/18/2009 - 20:08 — Anonymous (not verified)"With malice toward none..."
Wed, 02/18/2009 - 20:23 — Anonymous (not verified)Dr. Boaz' argument makes me
Wed, 02/18/2009 - 20:39 — Jon A. Jackson (not verified)The US Government consists
Wed, 02/18/2009 - 20:51 — windskull (not verified)It's not "The Bushes" or
Wed, 02/18/2009 - 21:01 — Anonymous (not verified)I'm not quite sure what her
Wed, 02/18/2009 - 21:17 — Terry (not verified)"Justice is not
Wed, 02/18/2009 - 21:41 — Anonymous (not verified)No "Change" or "Hope"
Wed, 02/18/2009 - 21:53 — Chris D (not verified)This is just a continuation of business as usual. In America, when one of the two corporate parties gets into power, it ignores the high crimes and misdemeanors of the other party's previous reign.
When Clinton got in, he let Reagan and Bush Sr. off the hook for the Iran-Contra affair, and for egregious war crimes in Nicaragua and elsewhere. When Bush II got in, he gave Clinton a pass for blowing up the asprin factory in Sudan and for bombing Kosovo on dubious pretexts, among other things. Now a Democrat is back in the White House again and the same sorry cycle repeats itself.
America has more of its citizens in prison than any other country. Harsh mandatory minimum sentencing laws and "three strikes" provisions send even nonviolent petty criminals to prison, sometimes for life. But members of the elite political class of the two corporate-controlled parties enjoy a quite different standard from rest of America. No one argues that the fellow caught climbing out of someone else's window with their TV set should be let go because investigating him for burglary would be "retribution." No on argues that we should just forget about his blatant crime and instead all "unify" and "heal."
But when well connected highly placed politicos commit far worse and far more numerous crimes in plain sight, nothing happens to them, because that is just not how we do things here in the Land Of The Free.
I can understand his
Wed, 02/18/2009 - 22:17 — Stefan Albrecht (not verified)I'm afraid many folks (whose
Wed, 02/18/2009 - 22:24 — Cynthia BoazPatience, people. Take the
Wed, 02/18/2009 - 22:26 — Anonymous (not verified)This is not an intellectual
Wed, 02/18/2009 - 22:34 — Dave Alpert (not verified)Special Prosecutor, or let
Wed, 02/18/2009 - 22:47 — Anonymous (not verified)The author says: "It is
Wed, 02/18/2009 - 23:01 — Anonymous (not verified)David,
Wed, 02/18/2009 - 23:09 — Cynthia Boazrighteous anger is not the
Wed, 02/18/2009 - 23:24 — Anonymous (not verified)khid, since it seems this
Thu, 02/19/2009 - 00:25 — Cynthia BoazThis is the name I am using.
Thu, 02/19/2009 - 00:37 — David Spaethica (not verified)David, I'm confused. I don't
Thu, 02/19/2009 - 00:40 — Cynthia Boaz"Let's let a variety of
Thu, 02/19/2009 - 00:46 — David Spaethica (not verified)David, I have no idea,
Thu, 02/19/2009 - 00:54 — Cynthia BoazHere is my problem with what
Thu, 02/19/2009 - 01:01 — David Spaethica (not verified)First things first. And the
Thu, 02/19/2009 - 01:03 — Alan Q (not verified)Can someone please tell
Thu, 02/19/2009 - 01:10 — Bill Nierstedt (not verified)Valid question, David. The
Thu, 02/19/2009 - 01:17 — Cynthia Boaz"Just look at the anger in
Thu, 02/19/2009 - 02:02 — David Spaethica (not verified)Professor Boaz, if I might
Thu, 02/19/2009 - 02:42 — Mr.E (not verified)Look, the fact is these
Thu, 02/19/2009 - 02:52 — DougH (not verified)Dr. Boaz, thanks for
Thu, 02/19/2009 - 03:35 — Anonymous (not verified)03:35, where did I profess
Thu, 02/19/2009 - 03:47 — Cynthia BoazCynthia, we don't need a
Thu, 02/19/2009 - 04:00 — mysterioso (not verified)Yikes! Yes, we know the
Thu, 02/19/2009 - 04:23 — Paul in Minneapolis (not verified)Well, I am certainly wrong
Thu, 02/19/2009 - 04:23 — Anonymous (not verified)FLAK. “Reconciliation”
Thu, 02/19/2009 - 04:28 — Anonymous (not verified)Dear Dr. Boaz, I'm not an
Thu, 02/19/2009 - 04:32 — Frank (not verified)04:28- I'm starting to feel
Thu, 02/19/2009 - 04:50 — Cynthia BoazThe U.S. signed a treaty,
Thu, 02/19/2009 - 05:11 — Lyle (not verified)Torture. Torture!!! What
Thu, 02/19/2009 - 06:06 — Anonymous (not verified)Seems to me we gave most of
Thu, 02/19/2009 - 06:47 — Daniel Avery (not verified)The email below sums up
Thu, 02/19/2009 - 07:58 — Cynthia BoazThe idea/ls that this person attributes to me- simply for saying that Obama should not lead the prosecution of Bush/Cheney- are incredible. Aren't we supposed to be the ones who advocate for social justice, tolerance, acceptance of diversity (including in ideas and values), and nonviolence? If not, then who are we? If we can't have a sane and humane discussion amongst even ourselves, than what are we-- progressives-- doing that is so different from those we seek to judge?
I know one thing. The man who wrote the email below is not someone I would feel comfortable entrusting to run a Truth Commission or -- God forbid--a trial. Would you?
And just for the record, I declined payment for the article.
"Hey Cynthia, Just finished reading your little rant about not bringing the Crime Family Bush to trial for their various acts of treason and sedition as to do so might seem political. After all since it was our corpo-rat masters and our elite that committed those war crimes, crimes against humanity, crimes against the Constitution, crimes against the Bill of Rights, mass murder, genocide, concentration camps, mass kidnapping, official torture, theft of trillions etc. we should look the other way and concentrate on putting those pot smokers and thieves stealing a loaf of bread to feed their starving families in the death camps instead, huh? I'm guessing you were paid the traditional 30 pieces of silver for your rant? How do you look into the mirror in the morning without cutting your throat or don't you wear makeup?
If Barry doesn't bring these monsters to justice by giving them all 6 years down in Gitmo to be water boarded and have broom handles shoved up their ass, (I wonder if that would be considered torture when applied to them?) followed by a quick people's tribunal and some very slow, painful executions on PBS then this country is doomed.
The only thing that will bring this country together is not a truth commission, like the cover up of 911 but capital, criminal, trials. The hundreds of thousands of dead, the millions of wounded and the millions of displaced cry out for justice. Can't you hear their cries Cynthia, or are you deaf as well as blind?"
Okay, I see the dilemma,
Thu, 02/19/2009 - 09:24 — Ken Hall (not verified)It is no “summation” to
Thu, 02/19/2009 - 14:21 — Anonymous (not verified)Certainly treating the Bush
Thu, 02/19/2009 - 14:57 — L.D. Freitas (not verified)"— That to secure these
Thu, 02/19/2009 - 16:12 — Anonymous (not verified)Professor Boaz, I have read
Thu, 02/19/2009 - 17:46 — Mr.E (not verified)Cynthia Boaz. Thank you for
Thu, 02/19/2009 - 18:09 — DavidInRichmond (not verified)Anon at 16:12 that is a
Thu, 02/19/2009 - 18:46 — BillyDoc (not verified)It is understandable to not
Thu, 02/19/2009 - 18:52 — Anonymous (not verified)I really don't see the need
Thu, 02/19/2009 - 19:21 — Karen Lee (not verified)Folks might get a better
Thu, 02/19/2009 - 20:10 — Abbama (not verified)Romania's Nicolae Ceauşescu
Thu, 02/19/2009 - 20:58 — icon_daemon (not verified)Sorry, Cynthia, I'm not
Thu, 02/19/2009 - 22:17 — Bisbonian (not verified)Why the double standard? If
Fri, 02/20/2009 - 00:24 — Brian (not verified)Then let the legislature do
Fri, 02/20/2009 - 01:32 — SlidingHomeInOregon (not verified)Instead of letting our anger
Fri, 02/20/2009 - 01:49 — Cynthia BoazTo Reconcile: to restore to
Fri, 02/20/2009 - 02:32 — Xntrk (not verified)From what I can remember,
Fri, 02/20/2009 - 04:51 — L.D. Freitas (not verified)Truth & Reconciliation? What
Fri, 02/20/2009 - 10:14 — Warren Tarrer (not verified)Cynthia, I had to write
Fri, 02/20/2009 - 18:49 — Jason (not verified)Regarding the statement that
Sat, 02/21/2009 - 07:11 — jahf (not verified)America's ultimate global PR
Sat, 02/21/2009 - 17:15 — MichaelG (not verified)If the crimes of Bush &
Sun, 02/22/2009 - 20:59 — A Peterson (not verified)I say not reconciliation nor
Mon, 02/23/2009 - 00:14 — maxgen (not verified)Truth and Reconciliation
Mon, 02/23/2009 - 01:49 — Bilaal (not verified)What ever happened to
Mon, 02/23/2009 - 14:23 — radline9 (not verified)EYE ON THE BALL. There is a
Mon, 02/23/2009 - 19:11 — Anonymous (not verified)"The Constitution in Crisis"
Mon, 02/23/2009 - 19:13 — Anonymous (not verified)I agree that President Obama
Mon, 02/23/2009 - 19:26 — Philos' (not verified)Reconciliation and
Wed, 02/25/2009 - 00:45 — Anonymous (not verified)