Tag: Torture

Yoo must be joking. | SSDAG.

“Our previous opinions make clear that customary international law is not federal law and that the president is free to override it at his discretion,” said the memo written by John Yoo, who was then deputy assistant attorney general for the Office of Legal Counsel.” (Nor, apparently, does the Fourth Amendment apply.) An unsettling memorandum by Dubya stooge John Yoo which advocates both dictatorial rule and the legality of torture is released to the public, five years later. “‘The whole point of the memo is obviously to nullify every possible legal restraint on the president’s wartime authority,’ Jaffer said. ‘The memo was meant to allow torture, and that’s exactly what it did.‘”

More than anything, I’m reminded of Lincoln’s remarks to the Indiana fourteenth: “‘Whenever I hear anyone arguing over slavery, I feel a strong impulse to see it tried on him personally.’“

And, just in case anyone was under the impression that this sort of thing only happened in the dark days of 2003, witness Attorney General Mukasey last week getting publicly verklempt and making up 9/11 tales as he goes along, all to help preserve the NSA’s warrantless wiretaps. At this point, Chuck Schumer has a lot to answer for.

Breathing is for Closers.

We’re adding a little something to this month’s sales contest. As you all know, first prize is a Cadillac Eldorado. Anybody want to see second prize? Second prize is a set of steak knives. Third prize is you’re waterboarded. Uh…As part of a “team-building exercise,” a Provo-based motivational speaker apparently held a waterboarding “in front of his sales team to demonstrate that they should work as hard on sales as the employee had worked to breathe.” We just took a big step closer to Brazil. (Via TPM.)

Yoo Tube.

“The situational forces that were going on in [Abu Ghraib] — the dehumanization, the lack of personal accountability, the lack of surveillance, the permission to get away with anti-social actions — it was like the Stanford prison study, but in spades.” New scenes of vileness and depravity emerge from Abu Ghraib. NSFW, and, in any case, no way to start your day.

Senate: No More Water Torture. McCain: Well…

The Senate bans waterboarding by a vote of 51-45 and, surprisingly enough, straight-talker John McCain votes against the bill. “McCain sided with the Bush administration yesterday on the waterboarding ban passed by the Senate, saying in a statement that the measure goes too far by applying military standards to intelligence agencies. He also said current laws already forbid waterboarding, and he urged the administration to declare it illegal.” God forbid we take too strong a stance against torture, eh, Senator? For shame.

Mukasey Unleashed.

“I think what I said was that we could not investigate or prosecute somebody for acting in reliance on a Justice Department opinion.” The honeymoon is way over. In congressional testimony yesterday, Attorney General and theoretical straight-shooter Michael Mukasey announces he won’t look into waterboarding, won’t look into the warrantless wiretaps, and won’t enforce the persecuted prosecutor contempt citations. His rationale for all this? If the Justice Department says it’s ok, it’s not illegal. “That would mean that the same department that authorized the program would now consider prosecuting somebody who followed that advice.” Sigh…it’s enough to make one miss Alberto Gonzales. Ok, not really.

U.S.: We Waterboarded.

“Hayden said Khalid Sheik Mohammed, Abu Zubayda and Abd al-Rahim al-Nashiri were waterboarded in 2002 and 2003. Hayden banned the technique in 2006, but National Intelligence Director Mike McConnell told senators during the same hearing Tuesday that waterboarding remains in the CIA arsenal — so long as it as the specific consent of the president and legal approval of the attorney general.“

Not to be lost in the Super Tuesday shuffle (as intended): CIA Director Michael Hayden admits that we’ve waterboarded at least three high-level detainees. “Human Rights Watch, which has been calling on the government to outlaw waterboarding as a form of illegal torture, called Hayden’s testimony ‘an explicit admission of criminal activity.’”

Kristof: “Experience” is a canard.

“The point is not that experience is pointless but that it needn’t be in politics to be useful. John McCain’s years as a P.O.W. gave him an understanding of torture and a moral authority to discuss it that no amount of Senate hearings ever could have conferred. In the same way, Mr. Obama’s years as an antipoverty organizer give him insights into one of our greatest challenges: how to end cycles of poverty.” LIke Tim Noah, the NYT’s Nicholas Kristof argues Clinton’s claims of superior “experience” don’t hold up. “[T]he presidential candidate left standing with the greatest experience by far is Mr. McCain; if Mrs. Clinton believes that’s the criterion for selecting the next president, she might consider backing him.To put it another way, think which politician is most experienced today in the classic sense, and thus — according to the ‘experience’ camp — best qualified to become the next president. That’s Dick Cheney. And I rest my case.”

The Commission, Stonewalled.

“There could have been absolutely no doubt in the mind of anyone at the C.I.A. — or the White House — of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” From a few days ago, 9/11 Commission Chairs Thomas Kean and Lee Hamilton angrily accuse the CIA and Dubya White House of stonewalling their investigation. “As a legal matter, it is not up to us to examine the C.I.A.’s failure to disclose the existence of these tapes. That is for others. What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one the greatest tragedies to confront this country. We call that obstruction.”

(Smoking Out) Eraserhead.

“Following a preliminary inquiry into the destruction by CIA personnel of videotapes of detainee interrogations, the Department’s National Security Division has recommended, and I have concluded, that there is a basis for initiating a criminal investigation of this matter.” Gee, you think? Attorney General Michael Mukasey announces a federal criminal probe into the matter of the destroyed CIA torture tapes. It will be headed by John H. Durham, currently “the second-in-command at the U.S. attorney’s office in Connecticut.“

Tortured Reasoning.

“The grim truth is, not much has changed. The Bush administration continues to limit our basic freedoms, conceal its own worst behavior, and insist that it does all this in order to make us more free.” As a follow-up to her 2006 list of civil liberties violations, Slate‘s Dahlia Lithwick surveys The Bush Administration’s Top 10 Stupidest Legal Arguments of 2007.