The Case Against Rumsfeld

Statement of Rear Admiral John D. Hutson (Ret. USN) Former Judge Advocate General of the Navy

Press Conference, March 1, 2005
Washington, DC

Rear Admiral John D. Hutson served as the Navy’s Judge Advocate General from 1997 to 2000. He currently serves as the President and Dean of Franklin Pierce Law Center in Concord, New Hampshire. As the Judge Advocate General of the Navy, Admiral Hutson presided over the JAG Corps -- 1,600 officers, enlisted and civilian personnel in the U.S. Navy and the U.S. Marines -- and advised the Secretary of the Navy, the Commandant of the Marines, and the senior leadership of the Navy in all legal matters related to military justice.

Admiral Hutson is of counsel to Human Rights First in this litigation.

Remarks:

It is the mission of the United States Armed Forces to fight and win our nation’s wars. Whatever contributes positively to that mission is good. Whatever degrades it or undermines it is bad.

Our military should reflect our American culture and values. We want the military to be representative of what it is fighting to preserve. It ultimately weakens our national defense if we permit the Armed Forces to become foreign to the rest of society or to take on values that are inimical to Americans.

That’s why the drafters of the Constitution were so wise in ensuring civilian leadership of the military rather than a general staff, and why we have historically encouraged the participation of citizen soldiers.

Civilian leadership, however, is not a guarantee of success. The civilian leaders bear a grave responsibility. In recent years, Secretary Rumsfeld has failed to uphold that duty. He has permitted, and indeed encouraged, military personnel to fall far short of the aspirational standards that Americans deserve and expect in our armed forces. His leadership has been found wanting in the most fundamental and important ways.

During my career in the Navy, I learned the value and strength of the chain of command. Not only direct orders go down the chain of command, but also attitudes.

In dealing with detainees, the attitude at the top was that they are all just terrorists, beneath contempt and outside the law so they could be treated inhumanely. Our effort to gain information vitiated 200 years of history. International obligations didn’t matter, nor did morality or humanity. It was okay to lose our soul as long as we got information, no matter how unreliable.

That attitude dropped like a rock down the chain of command, and we had Abu Ghraib and its progeny. The self-respect of the military and the country was diminished. Our international reputation will be tarnished for generations. In the end, Secretary Rumsfeld’s nonfeasance and malfeasance has imperiled the war effort and endangered troops.

The military becomes chaotic without accountability. Only by enforcing the concept of accountability can we begin healing, redeeming our respect, and repairing our international reputation. I believe the buck stops at the desk of the Secretary of Defense.

For generations the United States was respected for adherence to the rule of law and for holding human rights first. That empowered our military prowess. Now we risk becoming just another country that countances torture for short term gain. That is beneath us and makes us weaker in the long run.

There is no reason to fight this war if we lose our soul in the process. That permits our enemies to win every bit as much as if we just surrendered. It doesn’t come from strength, but from weakness. It is the cowardly way out. Now we need to take a first step toward regaining the moral high ground.