Tehran v. Twitter.

“‘The Iranian government must understand that the world is watching,’ Obama said in a written statement. ‘We call on the Iranian government to stop all violent and unjust actions against its own people.’

As protests — and violence — escalate in Tehran after last week’s dubious election returns, the world increasingly looks to social networking sites to ascertain what’s really going on in the streets. The revolution may not be televised, but — so far at least — it seems to be managing quite well with Twitter: “This is a country where you have tens of thousands of bloggers, and these bloggers have been in a situation where the Internet has been filtered since 2004. Anyone worth their salt knows how to find an open proxy [to get around government firewalls and filters], knows how to work around censorship…The Iranian government, by filtering the Internet for so long, has actually trained a cadre of people who really know who to get around censorship.

Update: Over at Salon, Iranian-American journalist Hooman Majd (who’s making the rounds — I saw him on the Lehrer News Hour yesterday as well) argues that the role of social networking has been vastly overstated: “More people have access to the Internet in Iran than other Middle Eastern countries but often it’s dial-up, it’s slow, they don’t do it like we do all day long…The depiction of the Internet revolution isn’t quite accurate. We’re putting our own image onto Iran. Of course there are people Twittering from the demonstrations; they’re just not representative of the vast majority of Iranians. What was so heartwarming about this whole thing is that the Iranian people stood up in mass and said you can’t take this away from us.

Not this time, Luthor.

“Any legitimate terror suspect, she said, would almost certainly be held in remote, high-security ‘supermax’ federal prisons, which are already home to convicted terrorists like British shoe bomber Richard Reid and Zacarias Moussaoui, the alleged 20th hijacker of the Sept. 11, 2001, terrorist attacks. That’s what these prisons are designed for.” The WP’s Dan Froomkin surveys the most recent idiocy being spouted by Republicans — as well as FBI director Robert Mueller and far too many Senate Democrats: that moving detainees from Gitmo into maximum security prisons would represent a clear and present danger to the republic. (As always, see also Glenn Greenwald on this ridiculous subject.)

I’m unclear as to what the GOP thinks will happen if we move these detainees into our regular prison system (other than that it’ll probably be harder to waterboard them.) What kind of fantasyland do these yokels reside in? These detainees aren’t Lex Luthor or the Joker. They have no vast army of misguided goons waiting to help them in the Big House. (In fact, I think they’ll find they don’t have much in common with your run-of-the-mill hard time lifer.) Nor have they concocted any diabolical master plans to escape from these extremely secure institutions. Newsflash: Those supercriminal types you read about in comics don’t actually exist. (And, while we’re debunking conservative fantasies, forget what you saw Jack Bauer do: “ticking time bomb” scenarios don’t in fact happen either, and, even if they did, torture is in no way effective as a means of obtaining the information you’d need. Not that its efficacy matters anyway, because it’s a war crime regardless.)

Absurd. Blatantly absurd. And altogether irritating that, once again, too many Democrats in Congress are not only taking these inchoate lunacies seriously, but grimly echoing them as if there’s even a modicum of sound reasoning going on here. Can these conservatives and their Dem enablers distinguish between the Real World and their bizarre, half-baked realm of nightmares anymore? At this point, I half-expect Chuck Grassley and Harry Reid to tell me they’re imprisoning Zubadayah, Khalid Sheikh Mohammed, et al in a pane of glass and shooting them into the far reaches of space. I mean, it worked for General Zod in Superman II, right?

Onward, Christian Soldiers.

“To paraphrase Al Pacino in ‘Godfather III,’ just when we thought we were out, the Bush mob keeps pulling us back in. And will keep doing so. No matter how hard President Obama tries to turn the page on the previous administration, he can’t. Until there is true transparency and true accountability, revelations of that unresolved eight-year nightmare will keep raining down drip by drip, disrupting the new administration’s high ambitions.” In today’s NYT, Frank Rich makes the case for a full investigation into Dubya-era crimes (as, in a switch, does Maureen Dowd — with some unattributed help from TPM’s Josh Marshall.)

Also linked in Rich’s piece is a damning profile of Donald Rumsfeld’s tenure at Defense by GQ’s Robert Draper, which happens to include these bizarre and, diplomatically speaking, blatantly idiotic Christian-minded cover sheets created especially for Dubya’s briefings. “This mixing of Crusades-like messaging with war imagery, which until now has not been revealed, had become routine…At least one Muslim analyst in the building had been greatly offended; others privately worried that if these covers were leaked during a war conducted in an Islamic nation, the fallout–as one Pentagon staffer would later say — ‘would be as bad as Abu Ghraib.’ But the Pentagon’s top officials were apparently unconcerned about the effect such a disclosure might have on the conduct of the war or on Bush’s public standing…Rumsfeld likely saw the Scriptures as a way of making a personal connection with a president who frequently quoted the Bible.

The Ghosts of Ford and Bourne.

As most everyone keeping up on current events these days knows, the people around the president, as well as the president himself, spend a good bit of time emphasizing the pragmatic nature of this administration. One senior administration official recently deemed the president a “devout nonideologue”, and Obama himself has argued several times that he aims to tackle the myriad problems before us with a “ruthless pragmatism.” Now, we’ve seen nothing to indicate that Obama’s pragmatic nature is an act. If anything, from installing Sen. Clinton as his Secretary of State to keeping Sec. Gates at Defense, it’s clear that pragmatism, accommodation, and inclusiveness are his temperamental instincts as a politician. Nevertheless, it’s also clear that comparisons to Franklin Roosevelt, and the “bold, persistent experimentation” Roosevelt promised in 1932 — and subsequently followed through on over the course of the decade — aren’t entirely undesired by the White House.

Well, I’ve been traveling over the past few days, and thus haven’t been following the news as closely as usual. Still, even given President Obama’s health care announcement on Monday (highly reminiscent of the NRA in that it purports to let the big players in the health care industry help write the codes, so to speak) and the welcome declaration on Wednesday that the administration would soon seek a new regulatory apparatus for derivatives markets, Franklin Roosevelt was not the first president that came to mind as a point of reference for Obama this week.

No, that would be Gerald Ford, who, most historians agree, was an honorable man thrust into a thorny dilemma by the crimes of his predecessor, and who grievously hamstrung his own brief administration by deciding to pardon Richard Nixon. And now, it seems, history gets dangerously close to repeating itself. For, it’s moved beyond obvious that the Dubya administration not only willfully engaged in torture — clearly, bad enough — but did so to compel false confessions of an Iraq-9/11 connection that they knew never existed. And yet, we’ve already witnessed the ungainly sight of President Obama equivocating on the question of prosecutions in the name of some dubious “time for reflection, not retribution.” (Never mind that, as President Obama reminds us on other matters, wounds, like corruption, fester in the dark.)

This week, President Obama has compounded his recent error — twice. In the first of two eleventh-hour reversals, Obama — who has promised us “an unprecedented level of openness in government” many times over — instead chose to side with the publicists of the Pentagon and block the court-ordered release of new photographs detailing detainee abuse: “‘The publication of these photos would not add any additional benefit to our understanding of what was carried out in the past by a small number of individuals,’ Obama said yesterday. ‘In fact, the most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in danger.‘” (How bad are they? If Sy Hersh is correct, and there’s no reason to think he isn’t, they could be very, very bad.)

Then, today, the Obama administration announced they will continue using extra-legal military tribunals, not federal courts or military courts martial, for Gitmo suspects. “‘Military commissions have a long tradition in the United States,’ said Obama in a statement. ‘They are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered.’” (The key line of the WP story: “In recent weeks, however, the administration appears to have bowed to fears articulated by the Pentagon that bringing some detainees before regular courts presented enormous legal hurdles and could risk acquittals.)”

Obama’s statements aside, the arguments — re: excuses — in favor of blocking the release of these no-doubt-horrifying photos and maintaining extralegal tribunals — now with 33% less illegality! — are the thin gruel you might expect. The WP’s Dan Froomkin already eviscerated the former quite devastatingly, while Salon‘s Glenn Greenwald, laudable as usual, has taken point on the idiocy of the latter: “[W]e’ll give due process as long as we’re sure we can win, and if we can’t, we’ll give you something less.” In both cases, the principle animating the advice given to President Obama seems mainly to be the usual self-serving, CYA behavior of Dubya holdovers at the Pentagon.

But that doesn’t absolve President Obama of his failures here. For whatever reason — perhaps he’s trying to smooth things over in these areas so he can focus on the considerable domestic problems on his plate — Obama is increasingly making the exact same mistake as Gerald Ford. As other commentators have pointed out, by shoving the rampant illegalities of the GWoT under the rug — or worse, perpetuating them — Obama is dangerously close to making his administration retroactively complicit in the crimes of the previous administration.

Now, I’d like to move on to fixing the economy and universal health care — not to mention voting, lobbying, and campaign finance reform — as much as the next guy., But sidestepping the tough choices on torture and the imperial presidency, as Paul Krugman (whom I’ve had issues with but am in complete lockstep with here) noted a few weeks ago, is simply not an option, if we are to maintain anything resembling our national soul after this egregious wallowing in torture and illegality.

Speaking of which, a quick comment on the emerging question of what and when Speaker Pelosi knew about torture (which the Republicans have shamelessly latched onto like a life raft — see in particular Karl Rove frantically pointing at her to save his own skin the other day. You can almost smell the desperate flop sweat exuding from his every pore.) Well, let’s look into it. Commissions, investigations, prosecutions — let’s quit screwing around and start getting to the bottom of this fiasco. I can’t believe I have to keep writing this like it’s even a bone of contention, but look: If we can’t get it together enough to collectively agree that torture is both immoral and illegal, and that those who designed and orchestrated these war crimes during the Dubya administration be subject to investigation, prosecution, and punishment, then we might as well call this whole “rule of law” thing off. As ethicist David Luban noted yesterday in congressional testimony, the relevant case law here is not oblique. Either the laws apply to those at the very top, or they don’t — in which case, it’s hard to see why anyone else should feel bound to respect them either.

Which brings me back to pragmatism. Hey, in general, I’m all for it, particularly when you consider all the many imbecilities thrust upon the world by the blind ideological purity of the neocons of late. But, let’s remember, the limits of pragmatism as a guiding national philosophy were exposed before all the world before Obama, or even FDR, ever took office. When, after several years of trying to stay well out of the whole mess, Woodrow Wilson entered America into World War I in 1917, the very fathers of Pragmatism, most notably philosopher of education John Dewey, convinced themselves war was now the correct call and exhorted their fellow progressives, usually in the pages of The New Republic, to get behind it. (Many did, but others — such as Jane Addams and Nation editor Oswald Villard — did not.) War went from being a moral abomination to a great and necessary opportunity for national renewal. Given it was a done deal, the pragmatic thing to do now was to go with the flow.

Aghast at this 180-degree shift in the thinking of people he greatly admired, a young writer named Randolph Bourne called shenanigans on this “pragmatic” turnaround, and excoriated his former mentors for their lapse into war fervor. “It must never be forgotten that in every community it was the least liberal and least democratic elements among whom the preparedness and later the war sentiment was found,” Bourne wrote. “The intellectuals, in other words, have identified themselves with the least democratic forces in American life. They have assumed the leadership for war of those very classes whom the American democracy had been immemorially fighting. Only in a world where irony was dead could an intellectual class enter war at the head of such illiberal cohorts in the avowed cause of world-liberalism and world-democracy.

Now, you’d be hard-pressed to find a bigger cheerleader for the progressives than I. But the fact remains that Bourne, who perished soon thereafter in the 1918 influenza epidemic, was prescient in a way that many of the leading progressive thinkers were not. The emotions unleashed by the Great War and its aftermath (as well as the sight of the accompanying Russian Revolution) soon fractured completely the progressive movement in America, and proved exceedingly fertile soil for the reascendancy of the most reactionary elements around. (Back then “Bolshevik” and “anarchist” were preferred as the favorite epithets of the “One Hundred Percent American” right-wing, although “socialist,” then as now, was also in vogue. At least then they had real socialists around, tho’.) And the pragmatic writers and thinkers of TNR, who thought they could ride the mad tiger through a “war to end all wars,” instead found their hopes and dreams chewed up and mangled beyond recognition. They wanted a “world made safe for democracy” and they ended up with the Red Scare, Warren Harding, and an interstitial peace at Versailles that lasted less than a generation.

The point being: however laudable a virtue in most circumstances, pragmatism for pragmatism’s sake can lead one into serious trouble. And, as a guiding light of national moral principle, it occasionally reeks. As Dewey and his TNR compatriots discovered to their everlasting chagrin, you can talk yourself into pretty much anything and deem it “pragmatic,” when it’s in fact just the path of least resistance. And, when your guiding philosophy of leadership is to always view intense opposing sides as Scylla and Charybdis, and then to steer through them by finding the calm, healthy middle, you can bet dollars-to-donuts that the conservative freaks of the industry will always be pushing that “center” as far right as possible, regardless of the issues involved. And, eventually, without a guiding moral imperative at work — like, I dunno, torture is illegal, immoral, and criminal, or the rule of law applies to everyone — you may discover that that middle channel is no longer in the middle at all, but has diverted strongly to the right. In which case, welcome to Gerald Ford territory.

Nobody wants that, of course. We — on the left, at least — all want to remember the Obama administration not as a well-meaning dupe notable mainly for its unfortunate rubberstamping of Dubya-era atrocities, but as a transformational presidency akin to those of Lincoln and the two Roosevelts. To accomplish this goal, it would behoove the White House to remember that Lincoln, pragmatic that he was, came to abolition gradually, but come to abolition he did. Or consider that Franklin Roosevelt, pragmatic that he was, eventually chose his side as well. “I should like to have it said of my first Administration that in it the forces of selfishness and of lust for power met their match,” FDR said in his renomination speech of 1936. “I should like to have it said of my second Administration that in it these forces met their master.

I should like to have it said of President Obama’s administration as well. The alternative — Obama’s sad, “pragmatic” capitulation to Dubya-era criminals — is too depressing to contemplate. But the picture below (found here) gives you a pretty good sense of what it’ll mean for America if we don’t get to the bottom of this, and soon.

U.S. History for Dummies.

As many readers here well know, I’ve spent a good bit of time over the past decade studying US history. (In fact, over the past few years, I’ve occasionally helped my advisor keep a textbook up to date that recently drew the ire of right-wing blowhard Bill O’Reilly. Apparently, those damn pesky facts were somehow mitigating O’Reilly’s ability to spew forth the usual idiotic blather.)

Anyway, over that period of time, I believe I have in fact learned me a few things. So, as a public service of sorts, and because, after this morning’s revelations, I’ve reached the limit of craven and/or patently stupid falsehoods that I can feasibly ingest over so short a time, some “U.S. History for Dummies.” I expect most everyone who comes by this site with any frequency knows all this, but ya never know. Apologies for the didacticism in advance — if this were this a Coors Light commercial, this would be where i vent. (And thanks to Lia for the timely visual tax lesson, above.)

  • The Tea Party: As you no doubt know, the Boston Tea Party of 1773 was recently appropriated by FOX News and the conservative group Freedomworks to simulate a widespread popular uprising against high taxes. (In other words, it was an “astroturf,” rather than a grass-roots, movement.) And, yes, the inconvenient fact that President Obama and the Democratic Congress actually lowered income taxes for 95% of Americans earlier this year didn’t seem to dissuade them from trying to jury-rig some rather dubious anti-tax ramparts and gin up enough disgruntled FOX-watchers to man them.

    At any rate, as most people remember from high school, the original 1773 Tea Party was not a protest against high taxes or high prices at all. (In fact, legally imported tea — i.e. that of the East India Company, which was both suffering serious setbacks over in India and losing market share to smuggled Dutch tea at the time — was actually cheaper in the colonies after the Tea Act, since it was now exempt from the usual obligations.)

    In small part a reaction of the East India’s commercial rivals to this sweetheart deal, the Boston Tea Party was mainly held to uphold the principle of No taxation without representation. Which I don’t think I need to explain. So, with the minor exception of DC-area conservatives who attended the tea gathering in Washington (without crossing over from Virginia or Maryland), the, uh, “teabaggers” don’t really have a leg to stand on here. This is particularly true after you consider that both ruthless gerrymandering and the vagaries of the Electoral College (I’m looking at you, Wyoming) actually tend to lead to over-representation of conservative Republicans in our halls of governance, even despite heavy losses for the “Grand Old Party” in 2006 and 2008.

  • The “Right” of Secession: Apparently, Rick Perry, the right-wing governor of Texas, really wants to keep his job. As such, he’s scared stiff of the forthcoming primary challenge by Sen. Kay Bailey Hutchison, who happens to be much more popular than he is among Texas Republicans. So, to sow up his “activist” (re: freak show) bona fides, this desperate fellow has been doing anything and everything he possibly can to prostrate himself before the paranoid ultra-right, including appearing before the current poobahs of the GOP’s lunatic fringe, Glenn Beck and Michael Savage. As you no doubt know, this recently culminated in Gov. Perry’s upholding Texas’ right to secede before a crowd of rabid teabaggers. Said the Governor: ““We’ve got a great union. There’s absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that…

    Well, in fact, no state in the Union has any legal right to secede. (Not even Texas.) The existence of such a right was posited and debated quite often in the early years of the republic: by Jefferson and Madison in the Virginia and Kentucky resolutions, by the members of the Hartford Convention, by South Carolina’s philosopher-politician John C. Calhoun, and countless others.

    But the illegality of secession was eventually confirmed — in blood — when eleven states attempted to pull out of the Union in 1861, due mainly to differing opinions on the institution of slavery and its expansion into the western territories. As a result of this insurrection by the southern states, a violent conflict broke out, which we call the Civil War. It lasted four years, and it was kind of a big deal.

    Prior to the war, the states of the Confederacy believed secession to be their natural right, while those remaining in the Union believed it to be tantamount to an act of treason. With the Union victory in that conflict, and the subsequent readmittance of southern states in such a manner that reaffirmed that no right of secession exists, the question was settled. So it remains to this day.

  • Waterboarding, Torture, and “Just Following Orders”: In the wake of recent revelations, there’s been a renewed push among certain conservatives to laugh off waterboarding as not being constitutive of torture. (See also Rush Limbaugh’s fratboy defense of Abu Ghraib a few years ago.) But (as even John McCain concedes), in the years after World War II, there was no question among Americans that waterboarding is torture. In fact, Japanese soldiers were tried and convicted of war crimes for waterboarding American GIs and Filipino prisoners. When you think about it, it’s not really a tough call.

    Another argument we’ve heard lately — today Sen. McCain made it with his usual comrades-in-arms, Sens. Lieberman and Graham, while trying to protect Dubya’s lawyers — is that the CIA officials who actually conducted these recent acts of torture should be exempt from prosecution, because they were following the legal dictates of those higher-up in the administration. (To follow the reasoning around the circle, the torturers should be exempt because they were listening to the lawyers, and the lawyers should be exempt because they didn’t do the actual torturing. Cute.)

    Anyway, whatever you think of the merits of this argument, this is usually referred to as the Nuremberg defense, and it is in fact no defense at all. Argues Principle IV of the Nuremberg Principles, devised by the Allies after WWII to determine what constituted a war crime: “The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.” Insert “CIA interrogator” for person in that last sentence and you can pretty much see the problem.

  • Is America a Christian Nation?: At the end of his recent European tour, President Obama told an audience in Turkey the following: “We do not consider ourselves a Christian nation or a Jewish nation or a Muslim nation. We consider ourselves a nation of citizens who are bound by ideals and a set of values.” This statement — well the “not a Christian nation” part of it, at least — prompted no small amount of consternation from the porcine-moralist wing of the GOP — James Dobson, Karl Rove, Newt Gingrich, and sundry other freaks of the industry — all of whom fell over themselves to proclaim to the Heavens and preach to the FOX News choir that, yes, Virginia, America is a glorious Christian nation.

    America is not a Christian nation. This will be patently obvious to anyone who’s ever heard the phrase “separation of church and state.” Unlike, say, England, America does not have and has never had an official, established church. This is very much by design. For proof of this not-very-radical claim, see the very first clause of the very first amendment to the Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

    If that doesn’t do it for you, see George Washington’s famous 1790 letter to the Jewish residents of Newport, Rhode Island. “May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit under his own vine and fig tree, and there shall be none to make him afraid.

    Or consider that Thomas Jefferson skipped his presidency on his tombstone to make room for his authorship of the Virginia Statute for Religious Freedom: “Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.” (We could also make mention of the Jefferson Bible, but let’s start slow.)

    Is the reasoning here too circuitous for Rove, Gingrich, et al to follow? Ok, then, here’s the cheat sheet: the 1797 Treaty of Tripoli, passed by a Congress of our Founders without declaim and signed into law by President John Adams. It begins: “As the Government of the United States of America is not, in any sense, founded on the Christian religion…” Did y’all catch it this time? Good, let’s move on.

  • A Smile for Chavez: Our new president also attended the Summit of the Americas recently, at which he was photographed smiling and shaking hands with Venezuelan autocrat Hugo Chavez, a particular bete noire of the right who has said all manner of unpleasant things about America over the past few years.

    After the picture was taken, conservatives went predictably livid, with Matt Drudge headlining the offending photograph with the usual red text, Dick Cheney deeming Obama “a weak president” on FOX News, and Gingrich arguing that it made Obama look “weak like Carter.” “We didn’t rush over, smile and greet Russian dictators,” said Newt, and he wasn’t the only potential 2012’er aghast at Obama’s behavior. Sen. John Ensign of Nevada called the president “irresponsible” and the consistently shameless Mitt Romney painted Obama a “timid advocate for freedom”.

    Um, ok. Well, let’s see here…


    I could go on. With regards to that last one — Reagan yukking it up with Mikhail Gorbachev, then of “the evil Empire” — it didn’t take long before (surprise) Newt was caught in a contradiction. Apparently, Gingrich had previously argued on his website that Ronald Reagan’s good humor with Gorby was a sign of strength, not weakness.

    Speaking of which, as Lawrence O’Donnell noted on MSNBC the other day, saintly old Ronald Reagan didn’t just smile and shake hands with America’s enemies. His administration sold them weapons under the table. So, please, assorted puddin’-heads of the GOP talkocracy, spare me your warmed-over tripe about poor diplomacy and weak leadership. As with everything else above, I’ve swallowed enough of your swill over the past few weeks to last me a lifetime.

  • Pouring Water on a Drowning Man.

    “The Times article, based on information from former intelligence officers who spoke on condition of anonymity, said Abu Zubaydah had revealed a great deal of information before harsh methods were used and after his captors stripped him of clothes, kept him in a cold cell and kept him awake at night. The article said interrogators at the secret prison in Thailand believed he had given up all the information he had, but officials at headquarters ordered them to use waterboarding.” Perusing last week’s sordid torture memos, eagle-eyed blogger Marcy Wheeler discovered an unsettling statistic: two suspects — Abu Zubaydah and Khalid Shaikh Mohammed — were waterboarded by the CIA 266 times. Zubaydah “revealed no new information after being waterboarded, the article said, a conclusion that appears to be supported by a footnote to a 2005 Justice Department memo saying the use of the harshest methods appeared to have been ‘unnecessary’ in his case.

    Meanwhile, as right-wing stooges like former CIA director Michael Hayden and Mike Allen’s anonymous friend excoriate the president for breaking tradition and revealing the illegalities of the Dubya era, Chief of Staff Rahm Emanuel ventured onto the Sunday shows to tamp down talk of any prosecutions, even for the higher-ups. “[P]eople in good faith were operating with the guidance they were provided. They shouldn’t be prosecuted…those who devised policy, he [Obama] believes that they were — should not be prosecuted either, and that’s not the place that we go — as he said in that letter.

    Wrong answer, Rahm. And, unless President Obama were to grant full pardons to the architects of Dubya-era torture, it’s not even his call whether or not they should be prosecuted. In fact, choosing not to prosecute them would constitute a violation of international law.

    Update: The White House doesn’t necessarily agree with Rahm. “[A]dministration officials said Monday that Mr. Emanuel had meant the officials who ordered the policies carried out, not the lawyers who provided the legal rationale. Three Bush administration lawyers who signed memos, John C. Yoo, Jay S. Bybee and Steven G. Bradbury, are the subjects of a coming report by the Justice Department’s ethics office that officials say is sharply critical of their work. The ethics office has the power to recommend disbarment or other professional penalties or, less likely, to refer cases for criminal prosecution.

    Update 2: “With respect to those who formulated those legal decisions, I would say that that is going to be more of a decision for the attorney general within the parameters of various laws, and I don’t want to prejudge that.” President Obama opens the door further for prosecution.

    Inside our Room 101.

    “You asked me once,” said O’Brien, “what was in Room 101. I told you that you knew the answer already. Everyone knows it. The thing that is in Room 101 is the worst thing in the world.”

    The door opened again. A guard came in, carrying something made of wire, a box or basket of some kind. He set it down on the further table. Because of the position in which O’Brien was standing, Winston could not see what the thing was.

    “The worst thing in the world,” said O’Brien, “varies from individual to individual. It may be burial alive, or death by fire, or by drowning, or by implement, or fifty other deaths. There are cases where it is some quite trivial thing, not even fatal…In your case,” said O’Brien, “the worst thing in the world happens to be rats.”

    And, sometimes, here in our own Room 101, it’s insects. As breaking everywhere this afternoon, the President authorizes the release of four long-awaited CIA memos that detail the rationalizing and application of Bush-era torture policies. [No. 1 | No. 2, No. 3a/3b | 4a/4b.] And, as Salon‘s Glenn Greenwald notes, they seem to suggest that even the parties-that-be knew what they were doing constituted torture. (“Each year, in the State Department’s Country Reports on Human Rights Practices, the United States condemns coercive interrogation techniques and other practices employed by other countries. Certain of the techniques the United States has condemned appear to bear resemblance to some of the CIA interrogation techniques…The State Department’s inclusion of nudity, water dousing, sleep deprivation, and food deprivation among the conduct it condemns is significant and provides some indication of an executive foreign relations tradition condemning the use of these techniques.“) But, they approved these already-condemned practices as legal anyway, with the caveat that they “cannot predict with confidence whether a court would agree with this conclusion.” Yeah, you think?

    Well, let’s hope the courts get a chance to decide either way. While releasing these documents today, Pres. Obama and Attorney General Holder also made clear that the CIA interrogators involved will not be prosecuted for these acts. “‘It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department,’ he said in a statement.” Um, I’m of the opinion that it would be unfair to get strung up in a, cough, “stress position” by a bunch of Cheney-authorized CIA yahoos and then see no legal recourse for it. (And, hey, “just following orders” — what a novel legal defense. Who were the ad wizards that came up with that one?)

    On the other hand, as the WP points out: “Today’s carefully worded statement left open the possibility, however, that agents and higher-level officials who may have ventured beyond the strategies approved by Bush lawyers could face legal jeopardy for their actions.” That still closes too many legal doors, imho. The strategies approved by Bush lawyers are horrible — and illegal — enough. But, at least we can still hold out the minute possibility that the real, top-level architects of Dubya-era torture policy will face some sort of prosecution for their crimes, above and beyond their inevitable condemnation in the history books. (President Obama may argue that “[t]his is a time for reflection, not retribution,” but, the law is the law. And, as he should know, pardoning Nixon didn’t do Gerald Ford any favors.)

    Either way, let’s be clear: These memos prove beyond a shadow of a doubt — as if there were any doubt left — that it was the stated and directed policy of the Dubya-era CIA to engage in acts they knew to be torture. That is unacceptable, completely antithetical to our ideals, and exceedingly worthy of a criminal investigation. If, in the name of national unity or CIA morale or whatever, the president wants to give a pass to the flunkies who actually held the victims down as they flailed, choked, or writhed in agony…well, that just means somebody else higher-up has to pay. Fine. But, if the rule of law means anything anymore, and I believe it does, the people responsible must be held to account.

    We are the World.

    We are its leaders. We are the ones who make a brighter day, so let’s give a trillion. “Mr. Brown, who organized the meeting in a hangarlike conference center in London, said: ‘This is the day the world came together to fight against the global recession. Our message today is clear and certain: we believe that global problems require global solutions.’

    In the meantime, Slate‘s Fred Kaplan applauds the return of real, honest-to-goodness American statecraft in London. “Vast multinational conferences, like the G20 summit…are useful mainly for the ‘bilaterals’ — the one-on-one side-room conversations — and, in these forums, President Barack Obama is living up to high expectations. Which is to say, the United States seems to be returning to diplomatic basics — a development that in the wake of the last eight years is practically revolutionary.

    At the very least, the president’s diplomatic mojo seemed to work on Russian president Dmitry Medvedev. “‘Yesterday I spoke about this with my new comrade President Barack Obama,’ Medvedev told reporters travelling with him to the London summit…’I liked the talks. It is easy to talk to him. He can listen. The start of this relationship is good,’ he said, adding: ‘Today it’s a totally different situation (compared to Bush).'”

    A Fork in the Road.

    “It’s a debate that the Bush administration never seriously had in the seven years following the post-9/11 invasion. Now, by contrast, in the wake of three major strategic reviews, Obama is extending and deepening the discussion of Afghanistan, because the outcome of this debate may set the course of American foreign policy for the remainder of his presidency.” Counter-terrorism (CT) or counter-insurgency (COIN)? In Slate, Fred Kaplan discusses the major decision on Afghanistan before Obama this week.

    Update: “‘We have a clear and focused goal: to disrupt, dismantle and defeat al-Qaeda in Afghanistan and Pakistan, and to prevent their return to either country in the future,’ Obama said. ‘That is the goal that must be achieved.’” The president announces our new Af-Pak strategy. Sounds like the COINS won out. Update 2: Or did they? Call it CT-plus.

    Clinton: Mea Culpa, Mexico.

    “‘I feel very strongly we have a co-responsibility,’ Clinton told reporters accompanying her to Mexico City a day after the Obama administration said it would send more money, technology and manpower to secure the Southwestern frontier and help Mexico battle the cartels.” During a visit to our ailing neighbor, Secretary of State Clinton admits American culpability in the exacerbating of Mexico’s drug war. “‘Our insatiable demand for illegal drugs fuels the drug trade,’ she said. ‘Our inability to prevent weapons from being illegally smuggled across the border to arm these criminals causes the deaths of police officers, soldiers and civilians… Clearly, what we have been doing has not worked and it is unfair for our incapacity… to be creating a situation where people are holding the Mexican government and people responsible,’ she said.’That’s not right.’

    Well, cheers to Sec. Clinton for being honest about some of the causes of Mexico’s escalating drug violence. Still, in pledging tighter borders, more troops, yadda yadda yadda, she and the administration are still dancing around one of the more obvious solutions to the problem.