CIA: Please don’t torture our torturers!

“Attorney General [Eric] Holder’s decision to re-open the criminal investigation creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute.” An “atmosphere of continuous jeopardy?” Well, boo frickin’ hoo: Seven former CIA heads try to bigfoot President Obama (and not AG Holder, where jurisdiction resides) into stopping the — already purposefully hamstrung — investigations into Dubya-era CIA torture.

As usual, Salon‘s irreplaceable Glenn Greenwald is already on top of it: “Do leaders of organizations in general ever believe that their organizations and its members should be criminally investigated and possibly prosecuted for acts carried out on behalf of that organization?…What these CIA Directors are urging would be completely improper. In fact, one could plausibly argue that where (as here) the DOJ determines that serious crimes might have been committed and an investigation needed, it would constitute obstruction of justice for the President to intervene by quashing any possibility of prosecution.“

Symptoms of a Diseased Punditry.

More recent signs of the freefall of journalistic integrity in the Beltway:

* Marc Ambinder, a thoroughly lousy blogging “journalist” in the Atlantic stable, chalks up prescient criticism of the Bush administration’s gaming of security alerts as solely the result of liberal fringe-hippy “gut hatred.” Says Ambinder in a burst of CYA blather: “Information asymmetry is always going to exist, and, living as we do in a Democratic system, most journalists are going to give the government the benefit of some doubt, even having learned lessons about giving the government that benefit.” Way to speak truth to power, Marc. In other words, suck-up, spit-down, and let’s not let the facts — or god forbid, any attempted acts of daily journalism — get in the way of our obsequious administration boot-licking.

FWIW, after getting roundly slammed for this ridiculous understanding of what constitutes journalism, Ambinder walked back his comments…some. (It hasn’t caused him to deviate from his usual m.o., however, which is acting as stenographer to people in power and parsing the day’s news to find that exact comfortable midpoint where the CW resides. And sadly,he’s not even the worst blogger over at the Atlantic — that would be the former Jane Galt, Megan McArdle.)

* TIME’s Joe Klein has been on a bit of a losing streak lately. Ostensibly a “liberal” — at least the Village’s town crier, Howard Kurtz, considers him one — Klein is, like Ambinder and so many other of his ostensibly lefty pundit colleagues — really just an establishmentarian. He rolls over for the powerful and spends most of his copy and television appearances simply honing his “I’m a lefty, but I’m one of the sane ones” schtick. Take any given issue, look over Klein’s output, and you’ll usually find him, a la Howard Fineman, staking out that comfortable middle where roadkill dies and TV pundits thrive. (Most recent case in point: health care reform, where’s he’s for…something…but lately could really take or leave that goofy public option.)

Anyway, Klein recently made the mistake of mouthing off about those crazy lefties, and particularly Glenn Greenwald — whom he weirdly deems a “civil liberties absolutist” — in front of a very able blogger (and in a bit of grand historical irony, the granddaughter of I.F. Stone), who cut him short in hilarious fashion. Klein then took his anti-Greenwald crusade to Journolist, where his angry screeds and troubles with facts didn’t seem particularly well-received either.

So, now Klein has taken to ranting on Swampland about his recent troubles. Arguing that Greenwald indulges in “intemperate attacks in which he questions the character of — no, it’s worse than that: he slimes — anyone who has the temerity to disagree with him,” Klein also deems Aimai, the aforementioned partygoer/blogger, a “rather pathetic woman acolyte of Greenwald” — a bit intemperate, don’tcha think? As for Greenwald himself, Klein considers him “thoroughly dishonorable,” as well as — I kid you not — insufficiently pro-military. “I have never seen him write a positive sentence about the US military,” Klein declaims, a paragraph or so before he admits that “I am not a religious reader of Greenwald.”

Now, putting aside whether Klein’s blatant and bizarre Cheneyism is true — it isn’t — as well as Klein’s self-evident buffoonery here, how would penning enthusiastic copy about the US armed forces be in any way a reasonable evaluator of journalistic integrity? It’s like these pundits have so talked themselves into ignoring the grotesquely under-reported Pentagon pundit scandal that they’re starting to believe their own talking points. Screaming “You don’t love the troops!!” is a naked and craven attempt at ad hominem obfuscation pretty much every time a politician engages in it. But coming from the pen of a journalist, and a purported “lefty” one at that, it’s just plain ridiculous.

(By the way, Greenwald’s own thoughts on this are here, although the Swampland commenters do just as solid a job of eviscerating Klein for this disastrous posting. As does Aimai the Acolyte, who in her response gets in this certifiable zinger: “He’s not a public intellectual — he’s a f**king wind sock. And he knows it.“)

* Moving to another purported lefty of the establishment press, calling out the WP‘s Richard Cohen for dim reasoning and faulty logic these days is like calling the sky blue — it’s just the way it is. Nevertheless, his piece on torture today was particularly vile, and it’s a textbook case of two standard operating Beltway-pundit presumptions, also witnessed in the cases of Ambinder and Klein: [1] Establishment journalists are exceedingly special people, and [2] the height of wisdom is always to be found in the exact middle-of-the-road.

To take point one first, Cohen frets about Attorney General Holder’s new weaksauce-as-intended inquiry into CIA torture because of the outrageous and despicable violations of civil liberties committed upon…Judith Miller. He writes: “Special prosecutors are often themselves like interrogators — they don’t know when to stop. They go on and on because, well, they can go on and on. One of them managed to put Judith Miller of The New York Times in jail — a wee bit of torture right there.” Uh, no.

A few years after getting absolutely played by the powers-that-be and reporting lies about the existence of WMD in Iraq in the paper of record, NYT reporter Judith Miller spent three months in a comparatively nice prison cell because she refused to testify in the Plame investigation about one of those very same powerful people, Scooter Libby. Now, however you feel about what happened with Ms. Miller, she was not tortured. She was not waterboarded dozens or hundreds of times. She was not tortured for refusing to assert a false positive. She was never given the Room 101 treatment. And she did not die in our custody. So that truly bizarre analogy breaks down pretty quickly.

Even more irritating, however, is the hemming-and-hawing, “pox on both your houses” attempt at moderation Cohen tries to employ through the rest of this piece. “This business of what constitutes torture is a complicated matter. It is further complicated by questions about its efficacy: Does it sometimes work? Does it never work? Is it always immoral? What about torture that saves lives? What if it saves many lives? What if one of those lives is your child’s?” Cohen asks these questions as if they’re unanswerable profundities…or as if all of the considerable data showing torture is completely ineffective does not exist.

Then he plays the 24 game: “Ah yes, the interrogator must build rapport with the captured terrorist. That might work, but it would take time. It could take a lot of time.” Again, Cohen ignores the fact that the ticking-time-bomb scenario is a comic book fantasy with absolutely no application to the real world.

And he saves his worst for last: Torture, Cohen writes, “cannot be the subject of an ideological tug of war, both sides taking extreme and illogical positions — torture never works, torture always works, torture is always immoral, torture is moral if it saves lives. Torture always is ugly. So, though, is the hole in the ground where the World Trade Center once stood. ” Did you catch that? Before Cohen took us to commercial with a resounding chorus of 9/11, 9/11, 9/11, he deemed that “torture never works” and “torture is always immoral” are now “extreme and illogical positions,” right on a par with “torture always works.” Say what?

It is exactly these types of false equivalencies, usually fostered by columnists these days to CYA and prostrate before power, that is killing what’s left of journalistic integrity in the Beltway. For some reason or another — most likely so as not to lose their privileged place of influence in the hive — “journalists” like Ambinder, Klein, and Cohen seem to think it’s their job finding, and then reporting from, the safe, non-threatening and perfectly vanilla midpoint between opposing political sides. The whole “holding up claims to independent, verifiable facts” aspect of journalism is a completely lost art among far too many of today’s pundit class. It gets in the way of their lazy sense of entitlement, I guess, and I’m sure it really cuts back on the talking out of one’s ass on TV for a living.

Put another way, it’s Paul Begala’s “Neil Armstrong principle all over again: “If John McCain and Sarah Palin were to say the moon was made of green cheese, we can be certain that Barack Obama and Joe Biden would pounce on it, and point out it’s actually made of rock. And you just know the headline in the paper the next day would read: ‘CANDIDATES CLASH ON LUNAR LANDSCAPE.’“

For all of Ambinder, Klein, and Cohen’s many faults, the problem with establishment journalism today is bigger than any of them — they’re just useful case studies in a diseased system. The values ostensibly undergirding the punditocracy — speak truth to power; check your sources, resort to facts; have some clue what you’re talking about — have been corrupted, and the whole rotten enterprise is now in an advanced state of decay. (For yet another example, see MSNBC’s Chuck Todd, who — as soon as he moved up a few pegs in the Beltway regime — started laughing off torture investigations as cable news “catnip.”)

This long post may just read like sarcastic score-settling, but this is no small matter. The desiccated values and m.o. of today’s Beltway pundit class are helping to kill off health care reform. They’re helping Dubya-era criminals get away with torture. And they’re going to derail any meaningful attempts at systemic political reform in the future…unless we start holding their feet to the fire. A republic needs no courtiers — it damn well needs good journalists.

The story of our journalistic establishment over the past thirty years is basically Bob Woodward, writ large: Beltway journalists and pundits used to challenge the politicians in power and serve as the public’s vital and necessary watchdogs. Now, like any old mutt, far too many just want to sit next to the masters, bark at those who would deign to threaten them, and try to get rewarded for their servility with an occasional scratch behind the ears. This will not do.

Lithwick: No More Kabuki Theater.

“Holder has fallen prey to the sort of magical legal thinking that seeps through the whole CIA report: the presumption that if there’s a legal memo, it must be legal…In other words, we are now protecting the good-faith torturers. That isn’t just wrong, it’s outrageous. It ratifies the most toxic aspect of the whole legal war on terror: that anything becomes permissible if it’s served up with a side of memo. Paper your misconduct with footnotes and justifications–even after the fact–and you can do as you please.“

Slate‘s Dahlia Lithwick explains the fundamental problem with the Justice Department’s new inquiry into Dubya-era torture: “Pretending we are investigating and curtailing a torture program isn’t all that different from pretending we didn’t torture in the first place.“

Meanwhile — hold on to your hats, people — Slate‘s Tim Noah discovers that Dick Cheney hasn’t been entirely truthful about what’s in the theoretically exculpatory CIA memos. “Portions have been redacted, so perhaps the evidence Cheney claims that enhanced interrogation saved American lives has been blacked out. But judging from what’s visible to the naked eye, the documents do not provide anything like the vindication that Cheney claims.” (Of course, even if they did provide said vindication, the question of whether or not torture is effective — 24 notwithstanding, we’re pretty sure it isn’t — is a completely separate question from whether or not torture is legal — it isn’t.)

A Republic, If You Can Keep It.

“‘An investigation that focuses only on low-ranking operators would be, I think, worse than doing nothing at all,’ said Tom Malinowski, Washington advocacy director for Human Rights Watch.” Per both the WP’s recommendation and an earlier trial balloon of a few weeks ago, Attorney General Eric Holder announces he’s considering a ridiculously abbreviated investigation into the Dubya era torture regime, one that will focus only on “‘whether people went beyond the techniques that were authorized’ in Bush administration memos that liberally interpreted anti-torture laws.“

In other words, Attorney General Holder’s big plan appears to be snag a Jack Lint (re: Lynndie England) or two, while retroactively legitimizing the real criminals who set these thoroughly un-American torture policies in motion, and then call it a day. This is not justice, nor is it change we can believe in.

Civil libertarians across the board are livid at today’s news, and for good reason. Worse, this is just the most recent chapter in the Obama administration’s blatantly terrible record on civil liberties issues over these past six months. The President’s nudge, nudge, wink wink stance on all this last April — these aren’t “really” our policies” — looks ever more mealymouthed and insulting with each new revelation. That dog won’t hunt anymore.

Whatever happens with health insurance reform, and let’s hope it passes with real teeth, the president’s civil liberties record thus far counts as a real moral failure for this administration. Their enthusiastic continuation of Dubya-era policies on this front does violence not only to the reasons why many of us voted for Obama in the first place, but to the founding principles of our increasingly aggrieved republic. For shame.

Farewell, Froomkin.

“That’s why this Froomkin firing is so revealing. The fact that one of the very few people to practice real adversarial journalism in the Bush era was decreed not to be a real ‘journalist’ — and has now been fired by the Post — is one of the most illustrative episodes of the past several years regarding what the real function of the establishment media is.” Glenn Greenwald, Paul Krugman, Steve Benen, and Andrew Sullivan, among others, respond with justifiable outrage to the WP’s recent firing of Dan Froomkin.

What they said. So, let me get this straight: Froomkin — a guy who’s spoken-truth-to-power during both the Bush and Obama administrations, and who’s been one of the few “killer apps” in the WP’s dwindling journalistic arsenal — is shown the door while paleolithic dinosaurs like Charles Krauthammer are still on the payroll? Riiiight. Particularly in light of the death spiral of academia, it’s just plain depressing to watch the establishment media burn away its last vestiges of integrity these days. It’s just not a good time for people of the writerly persuasion, no matter how you cut it.

Update: “When I look back on the Bush years, I think of the lies. There were so many.” Froomkin signs off.

The District Thirteen.

“Some of the 13 manipulated the federal bureaucracy and the legal process to ‘preauthorize’ torture in the days after 9/11. Others helped implement torture, and still others helped write the memos that provided the Bush administration with a legal fig leaf after torture had already begun…Between 9/11 and the end of 2002, the Torture 13 decided to torture, then reverse-engineered the techniques, and then crafted the legal cover. Here’s who they are and what they did.“

Triskaidecaphobics, beware: From the bookmarks and in her debut for Salon, blogger Marcy Wheeler lists the thirteen officials most responsible for the Dubya-era torture regime. A baker’s dozen of orange jumpsuits, please.

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.

I don’t agree with that…do I?

“I actually think that the state secret doctrine should be modified. I think right how it’s over-broad. But keep in mind what happens is, we come into office, we’re in for a week — and suddenly we’ve got a court filing that’s coming up. And so we don’t have the time to effectively think through what, exactly, should a overarching reform of that doctrine take. We’ve got to respond to the immediate case in front of us.”

In case you missed it last night — I’ll concede, I’d forgotten about the presser and was watching the NBA playoffs — President Obama was finally asked about his troubling continuation of Dubya’s state secrets policy during his “100 Days” press conference last night. [Full transcript.] And his answer — basically, the justice department turns like a battleship, but we’re on the case — is somewhat heartening, I guess, in that the president seems to concede anew that the privilege has been abused of late, even under his own administration. But, as Salon‘s Glenn Greenwald reminds us today, the Obama/Holder JD has done a good bit more than just “stay the course” on states’ secrets since coming into office, and last night’s excuse — well, despite our actions over 100 days, this isn’t *really* our policy — isn’t going to hold water for much longer.

Also last night, while sort of pressed into it by ABC News’ Jake Tapper, President Obama said in no uncertain terms both that waterboarding is torture (correct) and that, as we all know, his predecessor’s administration sanctioned it: “I believe that waterboarding was torture. And I think that the — whatever legal rationales were used, it was a mistake.” Now, it isn’t the president’s call to move forward on an investigation and possible prosecutions at this point — that task falls to Attorney General Holder. Still, if what the president said last night is true, and it obviously is, then AG Holder has only one choice moving forward. It’s time to get to the bottom of this.

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.