I’m reposting this in advance of the release of the torture report, and because (via Digby), the ACLU is making a similar argument in all seriousness.

Consider an effort to measure the misdeeds of the ‘global war on terror.’ On the one side of the balance sheet, we have Richard B. Cheney. This gentleman, now in private life, is a self-admitted and unrepentant perpetrator of war crimes – specifically, of ordering the torture of Al Qaeda detainees. Along with other senior members of the Bush regime, he is also guilty of the outsourcing of even viler forms of torture through the extraordinary rendition of individuals to regimes notorious for torturing prisoners (including the dispatch of Maher Arar, who was entirely innocent, to the torturers of Syria). The Obama administration has shown no enthusiasm whatsoever for prosecuting Cheney, or other Bush senior officials, for their crimes. While Obama has effectively admitted that they were torturers, he has indicated, both through public statements and continued inaction, that he would prefer to let bygones be bygones.

On the other, we have Chelsea Manning. She appears to be a confused individual – but her initial motivation for leaking information, if the transcripts are correct, were perfectly clear. She was appalled at what he saw as major abuses of authority by the US, including incidents that he witnessed directly in Iraq. There is no evidence that her leaking of information has caused anything worse than embarrassment for the US. Yet she is being pursued by the Obama administration with the vengefulness of Greek Furies. While Manning was being kept in solitary confinement, and treated in an inhuman fashion, Richard Cheney was enjoying the manifold pleasures of a well-compensated private life, being subjected to no more than the occasional impertinent question on a Sunday talk show, and the inconveniences of being unable to travel to jurisdictions where he might be arrested.

It would appear then that the administration is rather more prepared to let bygones be bygones in some cases than in others. High officials, who ordered that torture be carried out and dragged the US into international disrepute, are given an _ex post_ carte blanche for their crimes, while a low-ranking soldier who is at most guilty of leaking minor secrets at the lowest levels of classification, was treated inhumanely and sentenced to decades of imprisonment.

So here’s my proposal. It’s perfectly clear that Richard B. Cheney will never be prosecuted because a prosecution would be politically inconvenient. If that’s the Obama administration’s decision (and it’s pretty clear that it _is_ the Obama administration’s decision), then the administration should own it. The president should grant Richard Cheney a pardon for his crimes. Simultaneously, as an acknowledgement that the high crimes of state officials should not go unpunished while the lesser crimes of those who opposed the Iraq war are exposed to the vengefulness of the military tribunal system, Chelsea Manning should receive a complete pardon too.

I can’t imagine that Richard B. Cheney would _like_ getting a presidential pardon. Indeed, I rather imagine that he’d vigorously protest it. It would serve as the best formal acknowledgment that we’re likely to get that he is, indeed, a criminal. Obviously, it would also be an unhappy compromise for those who think that he should be exposed to the full rigors of the law. But I personally think that it would be an acceptable compromise (others may reasonably disagree), if it were applied to both sides rather than just one.

(Originally posted with minor differences here