As three female protesters in Abu Ghraib-style orange jumpsuits and black headscarves stood vigil in the back of the Senate Judiciary hearing room, like the supernatural chorus in “Macbeth,” William Haynes was grilled about his worthiness to ascend to the federal bench when his main claim to the promotion is complicity in letting Dick Cheney dance a jig on the Geneva Conventions.
“The State Department characterizes the use of dogs as an interrogation aid as torture, cruel, inhumane and degrading treatment,’’ Senator Dick Durbin, a Democrat, said to the Pentagon general counsel. “We publicly condemned the countries of Libya and Burma for using dogs in interrogation. In November of 2002, you recommended that Secretary Rumsfeld approve the use of dogs to intimidate detainees at Guantánamo.
“The Department of Defense’s own investigation concluded that this technique migrated from Guantánamo to Iraq and Abu Ghraib. At least two members of the armed forces have now been convicted under the Uniform Code of Military Justice for using dogs to frighten detainees. It is striking that as these soldiers were prosecuted, you were being promoted. What message are we sending our troops? And what message are we sending the world, in light of your role in promulgating abusive interrogation techniques, like the use of dogs, stress positions and forced nudity. What message are we sending if we promote you to the second highest court in the land?”
The senator added that the message would be terribly unfair: “Well, we’re going to dispatch a few privates, a few corporals, a sergeant, maybe it will get to a lieutenant, but it’ll never get upstairs. ... Apparently, upstairs there’s a promotion party. Downstairs people are being sent to prison.’’
Mr. Haynes, 48, lamely resorted to the argument that Abu Ghraib was simply a few bad apples, “the work of the night shift, without any authority whatsoever.”