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A Liberal Defends George W. Bush’s Legacy

Or, how George W. Bush has been just awful enough

[Photo by schani licensed under the Creative Commons and found here.]

[digg-reddit-me]Many liberals argue that George W. Bush’s presidency has been an unmitigated disaster; most libertarians see George W. Bush as the worst thing to happen to America since our government interned hundreds of thousands of Americans purely based on race and expanded government involvement in the economy at the same time. Even many conservatives now see George Bush’s tenure as a series of betrayals. The past eight years have been a dark time – with the specter of terrorism hanging over our lives – with an economy that has only benefited the elites – with America’s standing and influence in the world dropping precipitously – and with a government flailing about in attempts to prevent the next attack, attempts that have primarily succeeded in undermining our inherent liberties.

There is clearly a broad consensus that the Bush presidency has been a failure. A recent poll of historians recently ranked George W. Bush’s presidency as the worst in history; late last year, The Atlantic ran a cover story asking what lessons we can learn from Bush’s failed presidency; the American people have given George W. Bush the lowest approval ratings for a president since polls have been taken; and recent news reports have shown that over three quarters of Americans believe our country is on the wrong track. The consensus clearly is that Bush’s presidency has failed. It’s true that a number of conservatives have tried to defend Bush – Ross Douthat for example pointed out that Bush’s disasters do not rival the catastrophes of Civil War or Great Depression yet. But even the group considered the architect of many of Bush’s policies – the neo-conservatives, have begun to argue – as have failed ideologues again and again throughout history – that it was not that their ideas that failed – rather their ideas were never truly tried. Bush must know he is in trouble when even the neoconservatives are attacking him as weak and ineffective – or to use the term they use, “liberal”.

Having a somewhat contrary nature, I’m not so sure this almost universal consensus is true.

While I do see Bush’s presidency as a disaster, I believe a kind of redemption can be found in this disaster because Bush’s presidency: (a) could have been much worse; and (b) has created a unique historical opportunity.

My postulate is that George W. Bush’s presidency has been just bad enough to avoid destroying the core institutions that form the backbone of our society while creating a virtuous backlash that will strengthen these institutions in the long term. Bush has abused his power just enough, and aggravated festering issues just enough, and presided over a decline that was so sudden that he has created near ideal conditions to move the country in a positive direction.

Throughout history, the price of radicalism has been steep and the chances of reversing deep-seated trends has been long. Conservatives who opposed the social welfare programs of the New Deal tried and failed for a generation to rollback the programs that Franklin Delano Rooselvelt instituted in the wake of a Republican-abetted disaster. Unsuccessful and marginalized, these conservatives finally settled on a strategy of indirection. They called this strategy “starve-the-beast.” Seeing that they could not win by attacking the institutions of the New Deal directly, they decided to deliberately increase government spending to irresponsible levels while cutting taxes – which would leave no choice for a hypothetical future administration but to raise taxes massively or to reduce the size of government. ((What else but this strategy could explain Ronald Reagan’s and George W. Bush’s massive deficit spending?)) These conservatives realized that the only way to achieve the ends they sought was to create a set of circumstances that proved their opponents wrong, to discredit, through their actions, the basis of liberalism and create a virtuous backlash against excessive governance. They had seen that effective change throughout history had only occurred when the reigning ideology was proved bankrupt by circumstances. These conservatives believed that if they could undermine the credibility of government enough, their ideology would be the only alternative.

Unfortunately for these conservatives, whatever George W. Bush’s intentions were, his administration has been the most effective proponent of liberalism in modern times – as it demonstrated the bankruptcy of contemporary conservatism, undermined the credibility of the Republican Party, and created precisely opposite virtuous backlash than which they intended.

Bush’s effectiveness in advancing the goals he stood against comes has taken several interrelated forms:

  • Theoretical extremism: Although Bush has asserted virtually unlimited power – to torture, to detain anyone without charges, to engage in military action and wiretap without congressional approval – he has been relatively modest in his use of what he asserts are near unlimited powers. This has allowed significant forces to grow in opposition to this power grab without the widespread societal chaos that would have arisen out of a president fully exerting the powers he has claimed. (If Bush used the powers he asserts are his on a greater scale in America, our society would clearly be a totalitarian one. Instead, we remain a fragile liberal democracy until either Bush’s assertions of power are repudiated or are fully asserted.)
  • Overuse of a single method: Karl Rove directed three national campaigns – using national security, patriotism, and September 11 as partisan tools to bludgeon the Democrats. In each successive election dominated by these themes though, they lost effectiveness until 2006 when finally, they ceased being the controlling factor as the people – fooled for some of the time – handed an historic loss to the Republican Party. (If Karl Rove hadn’t used these themes so promiscously and shamelessly, more people might have put stock in the current smear campaign and fear-mongering being used against Obama and the Democrats.)
  • Exacerbating existing conditions: Bush has accelerated a number of longstanding trends: towards domestic inequality and the stratification of Americans into a class-like system; towards the decline in America’s power in the world; towards the government’s fiscal insolvency; towards the expansion of executive power; and towards the increase in the price of oil. This acceleration has exacerbated these issues so as to make them more noticeable.
    A lobster will not realize it is being cooked if it placed in a pot of water at room temperature and gradually boiled to death. In the same way, many Americans did not realize the dangers and the extent of the changes to American society that have been ongoing since at least the 1970s. The Bush administration – in a number of areas – raised the temperature fast enough and carelessly enough that many people have begun to notice. (If the price of oil had increased more regularly, people would be less worried about how it would be affecting them – and less attention would be paid to the largest transfer of wealth in human history that is currently taking place. If Iraq hadn’t demonstrated the limits to American power, it might have taken much longer for policy-makers to realize that we no longer live in a unipolar world.)
  • Suddenness: The suddenness of America’s decline in relevancy has led to a widespread desire for America to re-assume some leadership role with the next president – a desire reflected most significantly in the worldwide and domestic support for Barack Obama.

Bush has – in almost every respect – pointed America in the direction it needs to go. He has demonstrated what not to do. It is hard to imagine the libertarian or the progressive movements achieving their widespread support and strength if not for Bush’s presidency.

This election cycle has already demonstrated the strength of two responses to the Bush administration’s legacy – the libertarian response as embodied in the unlikely success of Ron Paul and the progressive response as embodied in the progressive netroots which powered Obama’s campaign. As a card-carrying civil libertarian and a lifelong progressive, Barack Obama has an opportunity to synthesize these two competing movements – to create a rough political consensus of the next steps we need to take. (I’ve written before both about how the libertarian movement and liberalism seem to be converging and about how Obama represents some part of this.) However, Obama’s vote for the FISA Amendments Act was a poor start to the creation of this alliance – as he took a position in defiance of both of these movements.

In a very real sense George W. Bush’s legacy depends on how well the next president is able to capitalize on the opportunity given to him – in this campaign and in his potential presidency. The final judgment on Bush will not be knowable when he leaves office. Rather, some years later we will be able to make a definitive judgment – after we see how intractable the problems he leaves for his successor are and when we see what precedents the next president will reject and which he will build upon. Bush may be forgiven for his disrespect for the Constitution if the next president repudiates these precedents. (After all, Washington was forgiven for Hamilton’s army; Lincoln was forgiven for becoming a tyrant for several weeks; and FDR was forgiven for trying to pack the Supreme Court.)

But while I argue that Bush’s primary legacy is that of a uniter-not-a-divider whose presidency set America on a better path, this rosy evaluation of Bush’s legacy still leaves three areas uncovered – areas in which Bush created unique problems rather than exacerbating existing ones: Iraq, the War on Terror, and global climate change.

Complications

Iraq

It is hard to imagine another president invading Iraq under the circumstances that George W. Bush did. The many American and the far more Iraqi dead that resulted from this foolish gamble, this dumb war, will surely burden his soul and must undermine any positive legacy he leaves behind. Even assuming the best of intentions, the Iraq war has proved to be a strategic blunder that has empowered Iran, destabilized the region, inspired more extremism, degraded our military, and only achieved the removal of minor antagonist. Making this strategic error worse was the hubris and idiocy that dogged every step of the occupation. Although our alliance of convenience with the Sunni extremists who were fighting us just a few months ago has helped to stabilize Iraq and even given the recent show of independence by the Iraqi president in his call for us to set a firm date of withdrawl, Iraq still has a long way to go before we can get out of this quagmire. Until we get out, the Iraq war will continue to eat our resources, undermine our global position, and strengthen our enemies.

The War on Terror

Domestically, the Bush administration has done virtually nothing to harden potential targets of terrorism – allowing the use of the funds appropriated for this purpose to be pissed away on pork barrel spending. The main steps it has taken within America seem designed primarily to expand executive power rather than to achieve any particular goals related to terrorism – asserting the power to crush the testicles of a potential terrorist’s child, to detain individuals without charges for indefinite periods of time, to torture, and to ignore any laws that limit the president’s power. Abroad, the Bush administration squandered our best opportunity to destroy Al Qaeda when it began to shift resources to Iraq and away from those who attacked us. The nexus of world terrorism shifted as a result of the War on Terror from the center of Afghanistan to the lawless areas of the Afghani-Pakistani border – where Chechnyan islamists, the remants of Al Qaeda and the Taliban, veterans of the Zaraqawi’s Iraqi campaign, and other terrorists from around the world are now working together and with greater freedom than at any time since the attacks on September 11. The successes we have had in the War on Terror seem largely to be the fruits of our failures – as the islamist ideology has proven to be an unattractive one once it begins to rule any territory.

Global Climate Change

It is hard to imagine another president ignoring the growing signs and consensus of global climate change so steadfastly. The eight years the world’s largest producer of greenhouse gases has wasted ignoring the problem – despite the near universal consensus of the scientific community – have made more drastic steps necessary to correct the problem before it is too late. What other president – with a legacy on climate change such as this – would have bragged at a recent G8 summit about being the “world’s biggest polluter“?

Conclusions

Lincoln Chafee, the Republican Senator from Rhode Island, observed upon first meeting Bush that Bush did not seem up to the job of being president. The past several years have proved this observation prescient. I cannot argue that Bush’s actions have been wise, although I do generally think that they have been well-intentioned. ((I know there are many who disagree.)) But while George W. Bush and his administration have committed petty crimes, war crimes, and constitutional violations, attacked liberties, advocated the preemptive surrender of American values, usurped independent branches of the government for partisan ends, and caused the injury and death of thousands of Americans citizens and citizens of the world – it is Bush who created this moment – this moment for renewal that has traditionally been what sets America apart.

While Ron Paul believed we needed a revoliution to begin to reverse the growing encroachment of government (even if that required the exploitation of poisonous racial resentments) – all we really needed was George W. Bush.

If America truly is a great nation – and in order to redeem the vision of the Constitution of the Founding Fathers, of that great address of Abraham Lincoln, of the square deal of Teddy Roosevelt and the four freedoms of his cousin, of the city on the hill that an old Hollywood actor once invoked – we must take advantage of this opportunity. The American moment is now – as all of us, feeling the fierce urgency of now, must work to restore the America that we grew up believing in – to restore the ideal and to form a more perfect union. Throughout the dark times in American history, Americans have believed and fought for this idea of America – to make this idea a reality and to protect this idea from the encroachments of tyranny and totalitarianism.

Change doesn’t come easy – but the greatest legacy of George W. Bush is that he has made it easier – and given us this opportunity to create a more perfect union. There will be obstacles and compomises in the days ahead – but (yes) we can achieve real change. Bush, more than anyone, deserves responsibility for that.

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Election 2008 Law Liberalism National Security Obama

Obama’s critics

After criticizing the Obama critics in my past few posts, let me point to a recent critic of Obama’s moves whose recent criticisms I largely endorse – Glenn Greenwald.

His most recent post criticizing certain people defending Obama was right on.

He makes sure to strike a reasonable balance between criticizing Obama and comparing him to the alternative:

I’ve written endlessly on all of the reasons why a John McCain presidency would be disastrous for this country. The entire last chapter of my book is devoted exclusively to documenting that fact. I have no doubt I will write much more on that topic between now and November. I still think that just as strongly. But basic honesty and adherence to one’s core political values compels criticism for what Obama is doing here, and it’s just distasteful and destructive – not to mention dangerous – for people to invoke patently false rationalizations in order to excuse or support what he’s doing.

Amen.

I do tend to think that Greenwald overstates the damage to the core principles of America that this current compromise will do:

…another nail in the coffin of Fourth Amendment protections and privacy rights…

…eroding core constitutional liberties…

…a grave assault on the Constitution…

All of these are true to a degree.  But – as a post I am working on now will illustrate – I think laws like this are as much an opportunity as a danger.

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Criticism Humor Law

Kinky details enclosed…

Sexual harassment attorney accused of sexual harassment!!  With kinky details enclosed – it’s a perfect tabloid story. Both New York papers took a similar angle for the lede…

Jose Martinez’s lede from the New York Daily News:

The founder of a Manhattan law firm dedicated to empowering women is a chauvinist pig with pierced genitals who wore a bondage collar at work…an explosive new suit charges. [Ellipses added for dramatic effect.]

Under the headline “ANTI-BIAS CRUSADER HAS ‘KINK’ IN ARMOR“, Dan Mangan’s New York Post lede is virtually identical:

A leading lower Manhattan women’s-rights lawyer watched porn at his desk, discussed his “pierced genitalia” and wears a “slave” collar at work as part of a sadomasochistic relationship with his girlfriend…a shocking sex- harassment suit alleges. [Ellipses added for dramatic effect.]

I personally have seen how the Daily News and Post have made up bogus facts to bolster their stories, so I don’t know what to make of this.  Most important, their ledes are dishonest – while factually accurate.  From a distance – where I am, it’s kind of funny to see the detailed allegations laid out with the disclaimer briefly hanging onto the sentence at the end – but for those involved it must be infuriating.

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Domestic issues Election 2008 Law McCain Politics

“Never really interested in judges”

We all know that economics isn’t really McCain’s thing. But apparently, neither are judges:

In his 22 years in the Senate, Mr. McCain has never been a major player in the judicial wars. Senator Arlen Specter of Pennsylvania, the ranking member on the Judiciary Committee, said Mr. McCain “has never been really interested in judges.”

“It’s sort of something far afield because his interests are otherwise,” Mr. Specter said.

Apparently, McCain’s only thing is national security – and he still hasn’t managed to figure out the difference between Sunnis and Shiites.

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Domestic issues Election 2008 Foreign Policy Iraq Law McCain Obama Politics

The curmudgeonly conservative columnist questions McCain

George Will, curmudgeonly conservative columnist, pointedly asks John McCain a few worthwhile questions in yesterday’s column:

  1. You say you are not “ready to go to war with Iran,” but you also say the “one thing worse” than “exercising the military option” is “a nuclear-armed Iran.” Because strenuous diplomacy has not dented Iran’s nuclear ambitions, is not a vote for you a vote for war with Iran?
  2. You vow to nominate judges who “take as their sole responsibility the enforcement of laws made by the people’s elected representatives.” Their sole responsibility? Do you oppose judicial review that invalidates laws that pure-hearted representatives of the saintly people have enacted that happen to violate the Constitution? Does your dogmatic deference to popular sovereignty put you at odds with the first Republican president, who nobly insisted that there are some things the majority should not be permitted to do—hence his opposition to allowing popular sovereignty to determine the status of slavery in the territories? Do you also reject Justice Antonin Scalia’s belief that the Constitution’s purpose is “to embed certain rights in such a manner that future generations cannot readily take them away”? Does this explain your enthusiasm for McCain-Feingold’s restrictions on political speech, and your dismissive reference to, “quote, First Amendment rights”? Would you nominate judges who, because they think those are more than “quote … rights,” doubt McCain-Feingold’s constitutionality?
  3. Having raised $95 million in February and March, Barack Obama is reconsidering whether to rely on taxpayer funding in the general election, which would limit him to spending only $84.1 million. You denounce Obama for this, but your adviser Charles Black says, “We could sit down in July or August and say, ‘Hey, we’re raising a lot of money and maybe we should forgo [taxpayer financing].’ We don’t have enough data.” Really, how does your position differ from Obama’s? ((The numbering is my own.))
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Catholicism Domestic issues Election 2008 Environmental Issues Foreign Policy Iraq Law Morality New York City Obama Politics The War on Terrorism

Pope Endorses Barack Obama in UN Speech

Pope Benedict @ the United Nations

[digg-me]Not quite. But close.

Addressing the United Nations on Friday, Pope Benedict XVI spoke of reducing income inequality; of increasing international cooperation; of respecting the law; of having solidarity with the poor and weak; of opposing (unnecessary) ((I inserted unnecessary here although Pope Benedict did not. Although the pope spoke in this speech of avoiding war, I presume he speaks of this in the context of the “just war” theory that has been accepted by him and the rest of the Catholic Church in the past.)) war; of “giving attention and encouragement to even the faintest sign of dialogue or desire for reconciliation;” of creating “structures capable of harmonizing the day-to-day unfolding of the lives of people;” of the “protection of the environment…and the climate.” And like Barack Obama, though many conservative Catholics are loathe to admit, the previous pope, Pope John Paul II even specifically opposed the invasion of Iraq.

In the past eight years, the Republican party has come to stand for the right of the president to torture prisoners; for rising inequality and acceptance of corporate fraud; for elevating the executive above the Rule of Law and the other constitutionally co-equal branches of government; for ignoring the climate crisis; for refusing to give aid to the poor and weak because of potential “moral hazards” while bailing out big corporations; for preventive war; for refusing to engage in dialogue with our enemies. Pope Benedict’s speech was a direct challenge to the worldview and policies of the Bush administration and an articulation of basic moral principles and basic responsibilities of the state.

Within these principles articulated by the pope, we can easily find the mainstream Democratic agenda, a rejection of the radical policies of George W. Bush, and more specifically, an endorsement of the school of politics that Barack Obama stands for: talking with our enemies; avoiding unnecessary wars and violence; respecting the Rule of Law; reducing income inequality; promoting access to health care; and protecting the environment.

This is the Democratic agenda.

The Pope explained that it is the responsibility of “every generation [to] engag[e] anew in the arduous search for the right way to order human affairs…motivated by hope.” I would call that a pretty good encapsulation of Obama’s appeal – that he represents a new generation striving to find the best way to manage the world and our nation “motivated by hope”.

Jonah Goldberg may call it fascism; Steve Marlsberg may call such efforts to reduce inequality and allow citizens access to basic needs Communism; Rush Limbaugh may call efforts to focus on the real threat of Al Qaeda in the Pakistani/Afghani border “cut-and-run.” But those who listened to Pope Benedict’s address to the United Nations can see that he stands with those the so-called “conservatives” have labeled fascists, communists, and cowards – and the pope understood that the basic moral values he stood for are the essence of what he called “freedom.”

Categories
Domestic issues Law Politics

Attorney-Client Privilege

[reddit-me]In commenting on the Torture Memo scandal (that has incidentally gotten far less attention than Bittergate), Stephen Gillers of The Nation brings up an important point:

The lawyers told the President what he wanted to hear, but the nation was their client, and its sole interest was in thorough and independent legal analysis. Neither the President’s political agenda nor the authors’ views of what the law should say can be allowed to slant the OLC’s work. So maybe the best and brightest lawyers got it so wrong because they forgot whom they served. Maybe they acted politically, not professionally. If so, we are dealing with a perversion of law and legal duty, a betrayal of the client and professional norms, not mere incompetence, which would be bad enough.  Whatever the reason, [H. Marshall Jarrett, counsel for the Justice Department’s Office of Professional Responsibility] should find that this work is not “consistent with the professional standards that apply to Department of Justice attorneys.” Jarrett must hold the lawyers accountable if he means to restore OLC’s reputation and vindicate the rule of law.

It’s an important point to make – and one which undermines those who argue that John Yoo and other lawyers who justified explicitly illegal actions were just providing legal advice to their client.  Not only was their advice bad, but they were bowing to the pressure of a third party that wasn’t their client.

At the same time, if the nation itself is their client, rather than the president, they are required to be more independent than the Bush administration’s view of the executive branch allows for.  Unlike in a monarchy, neither the president as an individual nor the presidency as an office is considered to solely represent or speak for the nation.  At least that was what the founders thought.

Categories
Law Politics The War on Terrorism

Yoo are too Clever by a Half

[reddit-me]Dahlia Lithwick, one of my favorite writers, proves that she sees the dangerous precedent set by John Yoo and the current administration: ((This particular post has actually appeared on the site several times before in the past week due to errors on my part. This is the definitive version.))

The Bush administration has proven time and again that the Rule of Law is only as definitive as its most inventive lawyers.

I’ve been watching a lot of Westerns recently – El Dorado, 3:10 to Yuma (the new version), The Man Who Shot Liberty Valance, The Man From Laramie, Winchester ’73. The older of these movies that defined masculinity during the Golden Age of Gender Roles in the 1950s – “the strong, silent type” as Tony Soprano memorably described it, echoing many before him. What these movies are about – at their core and often explicitly – is how the Rule of Law came to the West. It was not always brought through the most ideal means. Often the honorable brigands and hired guns helped the sheriff establish civilization. But it came – and it was fought for – and men and women died so that the Rule of Law might be brought to their small towns, and many died for the lack of it.

Now today, right wing radio talk show hosts from Dennis Miller to Steve Malzberg talk about the Rule of Law as if it were a sissification, as if it were a feminine value, as if it made a civilization weak. They – and those in power – who dodged and pulled strings to avoid military service (another mark against their purported standard of masculinity) malign those who have stood up for the rule of law ((And often did serve.)) – from John Kerry to Max Cleeland – as cowards and traitors and “girly men”.

As I’ve argued before – it is astounding that those who advocate the preemptive surrender of American values in the face of terrorism have been able to portray those who stand for the Rule of Law as effete snobs who want to surrender to terrorists. Yet based on the standard of masculinity that many of these “conservatives” regularly invoke – the 1950s man, the cowboy – they are failures. The cowboys in these old Westerns – these brigands and thieves and hired guns and sheriffs – fought to bring the Rule of Law to the Wild West. The movies are often bittersweet, as the world in which these men thrived – a lawless and vicious yet exciting and new wasteland – is “civilized” and they are made obsolete. But these men – and they are all men in these Westerns – still fight for justice, which is held to be brought about only by the Rule of Law.

What John Yoo and the Bush administration suggest, without saying outright, is that the Rule of Law – the concept that all individuals are equal before the law – is obsolete and dangerous. They believe that the Rule of Law does not need to be upheld when government officials are trying to deal with terrorism. Therefore, telecommunication companies that broke the law should be immunized; CIA officers who have tortured individuals should not be held accountable; neither the president nor his lawyers nor his advisors nor the Secretary of the Defense should be forced to follow the law or to face consequences if they do not. The overwhelming, overriding impulse must be to take any measure necessary to prevent terrorism – even if there is only a 1% chance of an attack, it must be treated as if it were certain, and it must be prevented by any means necessary. ((Though this sounds like an exaggeration, it is precisely what Vice President Dick Cheney articulated and it is what that Ron Suskind demonstrated has informed administration policy since September 11.)) This is a prescription for tyranny. ((Let me be clear – I do not believe we are there. But I think this clearly is the danger we face. The difference between a liberal democracy and a tyranny is the Rule of Law.)) But perhaps worse from the perspective of those “conservatives” who like to dress up their president as a cowboy or Air Force pilot, it is cowardly.

Categories
Domestic issues Law Politics The War on Terrorism

Soft on crime

If we punish lawbreaking, they might not break the law again

Categories
Foreign Policy Law Morality The War on Terrorism

I Don’t Like Waterboarding

[digg-reddit-me]Jonah Goldberg at the National Review believes that the debate over American torture is “stinks of political opportunism.” He apparently missed the point made by Morris David, the chief prosecutor for the military commissions in Guantanamo this weekend in the Times. And he apparently doesn’t care to take into account the fact that torture often produces false evidence. But he does have this to say:

I don’t like waterboarding, and I hope we never use it again. I have respect for those who believe it should be banned in all circumstances. But I do not weep that Khalid Sheikh Mohammed spent somewhere between .03 and .06 seconds feeling like he was drowning for every person he allegedly helped murder on 9/11.

Then again, I think it would be horrific if we used that logic to justify waterboarding. It’s not a technique that should be used for punishment. Nor do I think that evidence obtained from forced confessions should be used in trial. Those are paving stones on the road to a torture state.

Reading this, I guess that Mr. Goldberg and me have more in common than meets the eye. But what Mr. Goldberg doesn’t acknowledge here is that whether or not “coerced interrogations” will be used as evidence is still an open question in the upcoming trials of the “Guantanamo Six”. More important, he doesn’t deal with the executive acceptances of torture – from redefining it to mean only “pain equivalent to death or major organ failure” as John Yoo did while advising President Bush, to the many less dramatic instances where evidence of torture was “lost” or destroyed, as lower level employees were blamed for following vague directives to “take off the gloves”.

I think many sympathize with Mr. Goldberg’s formulation – of not caring for torture, but not caring about the fates of these mass murderers.

What Mr. Goldberg doesn’t seem to get is that he is not just apathetic about the torture of men who likely deserve it – he is also giving the President of the United States, an individual in a position of extreme power, a license to break the law when subservience to the law is the only thing that separates a President from a King.

If the President believes he or she must break the law in order to save lives, and judges that breaking the law is the only course available – then he or she should do so. But upon breaking the law, they must then submit to it. For if an individual is able to break the law with impunity, the entire system breaks down.