“Waterboarding is torture.” True story. In his confirmation hearings before the Senate, Obama’s nominee for Attorney General, Eric Holder, states the obvious. Then again, it’s been several years since the obvious had a seat anywhere near the table at OAG, so this is cause for rejoicing. As Sen. Dick Durbin put it, ““In three words, the world changed.“
Category: Gulags and Torture
Don’t let the door hit you on the way out…
After eight long years, the end is in sight, and the Idiot Wind is at long last subsiding. For the 43rd president of these United States, George Dubya Bush, gave his final press conference today, during which he finally conceded that “there have been disappointments.” Why, yes, yes, there have. “Abu Ghraib obviously was a huge disappointment during the presidency. Not having weapons of mass destruction was a significant disappointment. I don’t know if you want to call those mistakes or not, but they were — things didn’t go according to plan, let’s put it that way.” Um, yeah.
At any rate, don’t worry: I’m sure we’ll be getting one last round of 9/11, 9/11, 9/11 before closing time, when Dubya delivers his “farewell address” on Thursday. One can only hope that it turns out to be Eisenhoweresque, and not one more final, futile attempt to rewrite the history books. But I’m not keeping my fingers crossed.
Situational Ethics II: Yoo So Crazy.
“We hope the new vice president will not reverse his commitment to the Senate’s constitutional authority.” Uh, the new one? What about the old one? First it was Karl Rove discovering the virtues of executive transparency. Now the walrus and the carpenter of Dubya apparachiks, Johns “Bomb Iran” Bolton and “Torture at will” Yoo respectively, actually have the temerity to sing the praises of congressional oversight in foreign policy. “If Mr. Obama were to submit either of these agreements for approval by a simple majority of the House and Senate, his actions would pose a serious challenge to American principles of law and democratic governance.” Oh, a “serious challenge” to law and democracy, eh? These assholes have no shame.
The Senate: Never Again.
“‘The abuse of detainees in U.S. custody cannot simply be attributed to the actions of “a few bad apples” acting on their own,’ the panel concludes. ‘The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.” A new bipartisan report by the Senate Armed Services Committee lays the blame for detainee abuse squarely on Donald Rumsfeld and his top deputies. “Those efforts damaged our ability to collect accurate intelligence that could save lives, strengthened the hand of our enemies, and compromised our moral authority.”
Also of note, the statement today by Sen. John McCain, the ranking GOP member who signed off on the investigation: “The committee’s report details the inexcusable link between abusive interrogation techniques used by our enemies who ignored the Geneva Conventions and interrogation policy for detainees in U.S. custody. These policies are wrong and must never be repeated.” It’s good to be on the same page again, Senator.
Escape from New York.
“On an island under military occupation at the edge of an empire, the armed forces of a global superpower detain hundreds and sometimes even thousands of allegedly unlawful combatants. The powerful nation consigns the detainees to a legal limbo, subjecting them to treatment that critics around the world decry as inhumane, unenlightened, and ultimately self-defeating. That may sound like a history of Guantanamo. Yet the year was 1776, the superpower was Great Britain, and the setting was New York City. The ‘unlawful’ combatants were American revolutionaries.”
in a mixed review of Edwin Burrows’ Forgotten Patriots, friend and Columbia prof John Witt notes “eerie” parallels between Guantanamo Bay and revolutionary-era Manhattan, and offers choice advice for President-elect Obama. “To succeed, he will have to reunite the twin American traditions of interest and idealism. They are traditions his predecessor tore apart, but they are the true legacy of the Revolution.“
Priority #1: Gutting the Gitmo Gulag.
“Announcing the closure of the controversial detention facility would be among the most potent signals the incoming administration could send of its sharp break with the Bush era, according to the advisers, who spoke on the condition of anonymity because they are not authorized to speak for the president-elect. They believe the move would create a global wave of diplomatic and popular goodwill that could accelerate the transfer of some detainees to other countries.” In the WP today, unnamed Obama advisors make the case for the president-elect closing the Gitmo gulag next-to-immediately. (The ACLU has echoed similarly, and the UN Human Rights Commission suggested thus back in 2006.)
Nevertheless, while agreeing Gitmo is a catastrophic mistake that needs to be rectified pronto, Slate‘s Jonathan Mahler and Newsweek‘s Dan Ephron sense some implementation problems ahead. “[T]he prisoner mess created by Bush with the stroke of a pen in November 2001, and made messier over seven years, will take time and resourcefulness to clean up…[T]he controversial facility will probably still be open for business a year from now.“
However the national embarrassment at Guantanamo is handled by the new administration, it seems a safe bet that some of the intelligence officials that have carried water for Dubya on Gitmo, torture, warrantless wiretaps, and other issues will soon be sent packing, namely Director of National Intelligence Mike McConnell and CIA head Michael Hayden. “McConnell and Hayden, both career intelligence professionals, interpret the Obama team not reaching out to them as a sign that they will not be kept on, intelligence officials said.” But, hey, heck of a job, Mikeys.
“Believe Me, It’s Torture.”
“You may have read by now the official lie about this treatment, which is that it ‘simulates’ the feeling of drowning. This is not the case. You feel that you are drowning because you are drowning — or, rather, being drowned, albeit slowly and under controlled conditions and at the mercy (or otherwise) of those who are applying the pressure.” By way of Dangerous Meta, Hitch gets waterboarded. [Video.]
“Also, in case it’s of interest, I have since woken up trying to push the bedcovers off my face, and if I do anything that makes me short of breath I find myself clawing at the air with a horrible sensation of smothering and claustrophobia…[I]f waterboarding does not constitute torture, then there is no such thing as torture.”
The Manchurian Handbook.
How low have we sunk under Dubya? Apparently, under this administration, we’ve actually been plagiarizing Maoist torture techniques for use in the Gitmo gulag. “‘What makes this document doubly stunning is that these were techniques to get false confessions,’ Levin said. ‘People say we need intelligence, and we do. But we don’t need false intelligence.’”
The Court: Show us the Bodies.
“The laws and Constitution are designed to survive, and remain in force, in extraordinary times,” Justice Anthony M. Kennedy wrote for a five-member majority clearly impatient that some prisoners have been held for six years without a hearing.” In a setback for the Dubya administration and a victory for the American way of life, the Supreme Court grants habeas corpus rights to Guantanamo detainees. (The decision in Boumediene v. Bush is now the fourth time the Court has reaffirmed the rule of law over Dubya’s monarchial anti-terror policies.)
In vicious dissent, the conservative bloc: Roberts, Scalia, Thomas, and Alito, with Scalia in particular scowling and ranting like a Batman villain. “‘America is at war with radical Islamists,’ he wrote, adding that the decision ‘will almost certainly cause more Americans to be killed.’ He went on to say: ‘The Nation will live to regret what the court has done today.’” To which I say, “Get over it.” I highly doubt we’ll regret it as much as your being put on the Court in the first place, Justice Scalia.
Yoo must be joking. | SSDAG.
“Our previous opinions make clear that customary international law is not federal law and that the president is free to override it at his discretion,” said the memo written by John Yoo, who was then deputy assistant attorney general for the Office of Legal Counsel.” (Nor, apparently, does the Fourth Amendment apply.) An unsettling memorandum by Dubya stooge John Yoo which advocates both dictatorial rule and the legality of torture is released to the public, five years later. “‘The whole point of the memo is obviously to nullify every possible legal restraint on the president’s wartime authority,’ Jaffer said. ‘The memo was meant to allow torture, and that’s exactly what it did.‘”
More than anything, I’m reminded of Lincoln’s remarks to the Indiana fourteenth: “‘Whenever I hear anyone arguing over slavery, I feel a strong impulse to see it tried on him personally.’“
And, just in case anyone was under the impression that this sort of thing only happened in the dark days of 2003, witness Attorney General Mukasey last week getting publicly verklempt and making up 9/11 tales as he goes along, all to help preserve the NSA’s warrantless wiretaps. At this point, Chuck Schumer has a lot to answer for.