Bush's detentions are on his orders
http://www.newsday.com/news/opinion/letters/When a sergeant orders his men to move out and complete an assigned mission, no matter how daunting or dangerous it may be, not a man among them will say the order does not apply to them. There is no thought of seeking plausible deniability or using lawyerly arguments to deflect the awesome, dangerous responsibility thrust on their young shoulders.
They do their jobs. They obey. This bond is a trust called the chain of command. It is unbreakable from beginning to end because all believe their obedience is based on the righteousness and necessity of the orders given - which, in turn, require whatever sacrifice necessary to complete.
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In "Questions that Bush can't ignore" you state that "President George W. Bush should bring U.S. detention practices into line with U.S. law and tradition, which demand due process." It is only because "higher ups" beginning with him give orders that men below act, and no amount of clever sidestepping to make him and his administration seem innocent of the consequences of those orders will work.
To do so is to break that sacred trust and thus command unlawful conduct in the guise of lawful orders. It is simply wrong and thoroughly immoral.
Editor's note: The writer is a former captain in the U.S. Marine Corps.