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.

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.

Bin Laden Long Enough.

“‘If you think of this as sort of a combination of [the hunt for] Eric Rudolph, who was the Olympic bomber, and the movie ‘Deliverance,’ multiplied by a factor of 10, that’s really what you’re focusing on in trying to find bin Laden,’ said Robert Grenier, the former CIA station chief in Pakistan.” Also high on the foreign policy to-do list for President-elect Obama: bringing the war on terror back to Osama bin Laden.

Alas, despite Dubya’s occasional bouts of half-hearted bluster, it seems the bin Laden trail may well have gone ice-cold over the past few years, while we’ve been focused on Iraq. “Robert Baer, a former CIA field officer, told CNN he’s talked to ‘a dozen CIA guys who’ve been on the hunt for him, and half of them told me they assumed he was dead, the other half said they assumed he was alive, but the key word here is assume. They don’t know.’…[Commander of special operations at Tora Bora Dalton] Fury says the best route for the president-elect to take would be to change the dialogue about bin Laden…He believes taunting the al Qaeda leader may force him to prove he’s relevant and, in the process, lead the United States right to him.“

232.

A very happy 232nd birthday to our American republic. In the year 2008, frankly, our record is mixed. On one hand, we’ve continued to stand by while our witless joke of a president has assumed many of the dubious royal prerogatives that originally propelled our forefathers toward Independence. On the other, we stand poised to make history this November in a way that would make the founding generation gasp in awe at how far we’ve come.

So, let’s enjoy the 4th, and take a moment not only to remember how precarious the American experiment once was, but also to ponder what we hope to make of it in our own time. For, regardless of how terrible the past eight years — or forty years, for that matter — have been, “we have it in our power to begin the world over again.“

Update: The Muppets are celebrating too. (Via Bitten Tongue/Gideonse Bible.)

“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.

“The military trainers who came to Guantanamo Bay in December 2002 based an entire interrogation class on a chart showing the effects of ‘coercive management techniques’ for possible use on prisoners, including ‘sleep deprivation,’ ‘prolonged constraint,’ and ‘exposure.’ What the trainers did not say, and may not have known, was that their chart had been copied verbatim from a 1957 Air Force study of Chinese Communist techniques used during the Korean War to obtain confessions, many of them false, from American prisoners…The only change made in the chart presented at Guantanamo was to drop its original title: ‘Communist Coercive Methods for Eliciting Individual Compliance.‘”

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.’”

Stating — and Rejecting — the Obvious.

“‘As he’s said many times before, Senator Obama honors and respects Senator McCain’s service, and of course he rejects yesterday’s statement by General Clark,’ Obama spokesman Bill Burton said in a statement.” So…I guess Wes Clark won’t be the veep. For some ill-defined reason, the Obama campaign sees fit to throw the general under the bus because Clark, a guy I run hot and cold on, simply stated the obvious. Getting shot down over Vietnam, however ostensibly character-building, in no way constitutes executive experience: “I certainly honor his service as a prisoner of war. He was a hero to me and to hundreds of thousands and millions of others in the armed forces as a prisoner of war. And he has traveled all over the world. But he hasn’t held executive responsibility…I don’t think riding in a fighter plane and getting shot down is a qualification to be president.”

Said Obama in Independence today: “McCain had ‘endured physical torment in service to our country’ and ‘no one should ever devalue that service, especially for the sake of a political campaign, and that goes for supporters on both sides.’” Fair enough, but that wasn’t at all what Clark was doing. McCain’s basically getting away with the same sort of resume inflation as Sen. Clinton did in the primaries, and Clark — a five-star general who knows what he’s talking about — called him on it.

One could argue that there’s a method to this move by the Obama campaign, but even that theory suggests a certain ugly political opportunism at work. (One could also argue karma had some part to play in all this, since Clark earlier jumped all over Samantha Powers’ gaffe during the primaries.) Nonetheless, between this, the Senator’s switchback on telecom immunity (which I discussed in the comments here), and various other recent triangulations, the Obama campaign has had a pretty lousy week. I don’t know if it’s the recent influx of “veteran” hands, an attempt to beat back the National Journal liberal label, or just an early-summer malaise, but that sickly-sweet smell of Old-School Dem Politics is lingering in the air. Get it together, y’all. I know the polls look good, but this defensive-minded playing-not-to-lose is assuredly not the way to go.

Update: “I’ve said this for some weeks now, they’ve been repeated many times.” Clark sticks to his guns, and Webb has his back. Meanwhile, Salon‘s Glenn Greenwald makes the case against Obama’s last two weeks: “There is no question, at least to me, that having Obama beat McCain is vitally important…[but] his election is less likely, not more likely, the more homage he pays to these these tired, status-quo-perpetuating Beltway pieties.“

Update II: Obama clarifies on Clark: “I don’t think that General Clark you know had the same intent as the swift boat ads that we saw four years ago, I reject that analogy…I think in at least one publication was reported that my comments yesterday about Senator McCain were in a response to General Clark. I think my staff will confirm that that was in a draft of that speech that I had written two months ago.”

Update III: Fred Kaplan has a theory about Clark v. McCain: Grunts are from Mars, Flyboys are from Venus.

We screwed up Afghanistan…

“Just as it had on the day before 9/11, Al Qaeda now has a band of terror camps from which to plan and train for attacks against Western targets, including the United States…’The United States faces a threat from Al Qaeda today that is comparable to what it faced on Sept. 11, 2001,’ said Seth Jones, a Pentagon consultant and a terrorism expert at the RAND Corporation.“

In the NYT, Mark Mazzetti and David Rohde explore how, despite all their endless bluster and unconstitutional behavior, the Dubya administration is losing the war against Al Qaeda, and has apparently given up on catching Bin Laden. “By late 2005, many inside the CIA headquarters in Virginia had reached the conclusion that their hunt for Bin Laden had reached a dead end…’You had a very finite number’ of experienced officers, said one former senior intelligence official. ‘Those people all went to Iraq. We were all hurting because of Iraq.’”

To live inside the law, you must be honest.

“In the lower courts, according to a study Professor Long published in the Washington & Lee Law Review last year, Mr. Dylan is by far the most cited songwriter. He has been quoted in 26 opinions. Paul Simon is next, with 8 (12 if you count those attributed to Simon & Garfunkel). Bruce Springsteen has 5.“

With great lawyers, you have discussed lepers and crooks: By way of Ted at the Late Adopter, the NYT examines Chief Justice Roberts’ use of Dylan in court opinions. “Mr. Dylan has only once before been cited as an authority on Article III standing, which concerns who can bring a lawsuit in federal court…The larger objection is that the citation is not true to the original point Mr. Dylan was making, which was about the freedom that having nothing conveys and not about who may sue a phone company.”

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.