Category: National Security

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Barack Obama Criticism Law National Security Politics The Bush Legacy The Opinionsphere The War on Terrorism

Andrew C. McCarthy’s Self-Righteous Sophistry

[digg-reddit-me]Andrew C. McCarthy was a prosecutor on a few terrorism-related cases back in the 1990s. But it wasn’t until after September 11, 2001 that he found his true calling – writing opinion pieces for the National Review and Commentary. As a prosecutor, McCarthy had to go through that exhausting process of finding evidence to back up his case – and use that evidence to convince a skeptical audience that his case was right. As an opinion writer for two right-wing publications, McCarthy is free from both constraints as he preaches to the converted. McCarthy – who previously had a career as a criminal prosecutor – now uses this background to give him added credibility when discussing the two issues he cares most about: detainee policy in the War on Terrorism and torture. This is a man who said of McCain’s Anti-Torture legislation that it was “two parts grandstanding and one part suicide” and declared that McCain by supporting it, had “no business serving in a government whose first obligation is the security of the governed.” Of course, McCarthy found it necessary to support McCain over Obama in 2008 – because Obama was “disqualified” from office because of his ties to America-hating leftists – and because his policies were even more suicidal(!) than McCain’s. Yet, even so, over McCarthy’s strongly worded objections, America elected Obama.

You’ll never guess what happened next. Obama – being the partisan, leftist, America-hating, suicidal guy that he is – invited Andrew C. McCarthy to be part of a panel that advised him on the issue which McCarthy had been most vocal – the detention and torture of suspected terrorists. McCarthy, of course, would have none of it – and declined to join the force – taking the unusual step of releasing his letter of declination to the press and writing about it in an opinion piece in the National Review. 

All’s fair in love and politics – you might say. But it’s clear McCarthy has gone soft from years of presenting his arguments to those already agree with him.

Let’s look at a few of the premises to McCarthy’s piece:

Obama’s Bad Faith. McCarthy knows that Obama – in instructing the Justice Department to determine if any laws had been broken in instituting the torture policy of the Bush administration is acting in bad faith.

“[Obama] has unleashed his Justice Department to criminalize political disputes after claiming for weeks that he did not want to do this. And the president is being a bully about it…Any experienced prosecutor would know there is no criminal case here.” And what nefarious purpose does Obama have for bullying such upstanding citizens? ” McCarthy explains Obama’s prime motivation: “To satisfy his antiwar base and to put paid to commitments offered by his top campaign advisers.”

Obama’s Bad Faith (II). McCarthy also knows that Obama is acting in bad faith in creating this task force to advise him.

McCarthy clearly has divined Obama’s intentions as he declares that “the exercise known as the ‘President’s Detention Policy Task Force’ is a farce. The administration has already settled on a detainee policy: It is simply going to release trained jihadists.”

Bush’s Good Faith. Because McCarthy is so good at divining the intentions of people in the news, he also knows that the legal advisors to the Bush administration – including those who issued binding legal opinions for the Office of Legal Counsel at the Justice Department – were acting in good faith when they issued opinions in contravention of every precedent in American history.

“Former Justice Department attorneys John Yoo (now a law professor at Berkeley) and Jay Bybee (now a federal appeals-court judge in California), as well as other government attorneys, were asked during the emergency conditions that followed the 9/11 attacks to advise Bush administration policymakers on U.S. interrogation law. They did that in good faith and, despite the fact that it’s now de rigueur to castigate them, quite reasonably…Bad legal advice given in good faith is not an ethical violation.”

McCarthy doesn’t explain why he knows these men were acting within the legal definition of “good faith.” And for what it’s worth, Jack Goldsmith, a Republican who replaced Jay Bybee, one of the lawyers McCarthy is defending, as head of the Office of Legal Counsel, wrote of the torture memos that they were designed with the purpose of providing a “golden shield” to the interrogators, had “no foundation in prior OLC opinions, or injudicial decisions, or in any other source of law” and were deliberataly biased. That sounds like an acknowledgment of bad faith to me.

Criminalizing Advice. McCarthy – being an expert in national security law apparently – also knows that while the Office of Legal Counsel’s binding legal opinions “are controlling on questions of law within the Executive Branch” [pdf], they are also no different from any advice any lawyer gives. 

That’s why “If the Holder Justice Department decides your good-faith advice promoted what it considers illegal activity, you could face criminal prosecution or ruinous ethical charges.”

Criminalizing Policy Disputes. McCarthy also apparently believes that if an administration sets a policy that is criminal, no one should be held responsible. So, now that it is clear that war crimes were committed – and that any nation in the world can now prosecute those American officials responsible thanks to Ronald Reagan’s Convention Against Torture. The only way to prevent other nations from bringing up Americans on charges of war crimes is to have our own investigation. McCarthy sees all this – yet maintains that instituting a policy of torture is a mere policy decision. Would McCarthy continue to hold this position if the war crime were genocide instead? If the Office of Legal Counsel declared genocide legal, the president ordered it be done, and other carried it out – would it still be a policy dispute that shouldn’t be criminalized? McCarthy’s point about not prosecuting torture only holds then if you first buy his declaration that “torture” isn’t illegal – or at least it shouldn’t be.

Mitigating Circumstances. Despite the fact that these lawyers provided advice that McCarthy still considers sound and McCarthy testifies were acting on good faith, McCarthy still wishes to qualify that these men gave these opinions in “wartime service to the country” under “the emergency conditions that followed the 9/11 attacks.” These facts don’t matter if you believe as McCarthy does that we should still agree with them now – but by bringing them up, the indicate, perhaps a single humanizing glimmer of doubt.

A few odds and ends.

The Uighurs. McCarthy speaks of how Obama is preparing to unleash the Uighurs who are “trained jihadists” who, once released, will be “plotting to menace and murder us” onto American soil! For those ignorant of the plight of the Uighurs, this can sound quite alarming. The facts are a bit less so. The Uighurs have been cleared of any charges as of five years ago, and it was declared that they “pose no terrorist threat” and have “not [been] charged with fighting or plotting against the United States.” Which brings us to the question: Why haven’t we repatriated them to their home country as the Bush administration did with hundreds of detainees? Because they are Chinese seperatists who China has vowed to execute if they return. Why not to a outside state? Because China has made threats against any nation that accepts them. (Albania accepted some of the Uighurs a few years ago – and since has faced threats from China.) McCarthy though – knowing the facts – decides to obfuscate all these “technicalities” – so he can focus on the core “truth” – that Obama wants to unleash trained jihadists in your neighborhood!

The standards of justice. Finally, is a throwaway point McCarthy makes as he concludes his feat of sophistry. He blames Obama for the fact that he has “no plan for what to do about the terrorists there, many of whom cannot be tried under the standards of the civilian justice system.” Those with critical faculties might wonder – why is it that these terrorists can’t be tried in a manner consistent with American traditions of justice? McCarthy himself prosecuted terrorists – and wannabe terrorists – it’s his claim to fame. So why can’t these men who participated in a far worse crime be tried now?

And here we return to the beginning – because our justice system has accepted the long-held truth – that confessions tainted by torture are likely to be untrue – and so are ignored. Thus, these men who attacked America – who killed Americans – who McCarthy is opposed to – can never be brought to justice according to our traditions.

McCarthy does have some good advice for the man he considers unfit for public office – a leftist, America-hating, dangerous man who is aiding our enemy. McCarthy advises Obama: “We can arrive at a sound policy, or not, without demonizing our adversaries as crooks and cads.”

Perhaps – but you can’t write for the National Review with that attitude these days.

Categories
Morality National Security Politics The Bush Legacy The War on Terrorism

Why Should I Care If a Terrorist Was Tortured?

[digg-reddit-me]Because torture has played an insignificant role in American life until recently – and it’s recent history is still somewhat shrouded in secrecy – the best arguments for and against torture are abstract. The two sides of the debate tend to be simplified as these two competing scenarios:

[Interior establishing shot] Jack Bauer approaches terrorist with an menacing grimace on his face.

BAUER: Tell me where the ticking time bomb that will destroy a major American city is!

TERRORIST: Never!

BAUER: (plunges a pen into the terrorist’s knee) Tell me!

TERRORIST: 415 Main Street, hidden in the basement under a tarp!

And on the other hand, there’s Shep Smith on Fox News:

The arguments over whether or not we torture or whether or not it is effective are secondary. The simple question to ask when we want to determine what is and is not torture is, “What would we call the methods being used if they were being done by our enemies to our soldiers?” If we would call it torture then, it is torture when we do it as well. Questions of effectiveness are more complex – but in short, it seems that torture works very well – for some things. It’s effectiveness as a truth serum though does not seem high.

The heart of this debate though is not whether or not terrorism is effective – or whether or not we tortured – but:

Why should I care what was done to some evil fuck like Khalid Sheikh Mohammad who wants to kill me and killed thousands of Americans on September 11?

The main motivator of people’s opposition to government action is because they can see it might happen to them. 

Why did students oppose the draft? Because it might happen to them. Why are citizens outraged over raising taxes? Because it will happen to them. Why are people concerned about the Kelo decision? Because their homes might be taken from them. Normally, a state will try to counter these concerns by ensuring that there is a fair and transparent process in place to prevent arbitrary actions by the government – in other words, to ensure that the law protects individuals. But national security, under the Bush administration, was a lawless zone. The president maintained he had the power to declare anyone a terrorist, imprison them without trial forever, and torture them. He managed to do this without raising an outcry, without raising concerns that he might be coming after your family next because he did most of it in secret and because the people he went after were foreign, Muslim, Arab – in other words alien to most Americans. It was harder then for many Americans – who did not have any Muslims or Arabs in their family – to identify with the Others being tortured even if they were later found to be innoccent of any crime and released. This is certainly a failure of empathy – and a failure of Christian values – on the part of many Americans. 

But even so, we should care if our government is torturing people – even if it only is torturing people it suspects of being terrorists. Here’s four reasons why you should care:

  • Because it might be you next. 
    Yes –     the detainees seem different – but they always seem different at first. Once the government expands its powers to torture and arbitrary arrest of a group of people suspected of one crime, it quickly expands from there. Anti-terrorism statutes – though not as far as we know torture – have already been used against anti-war groups and teenagers writing violent fantasies. 
  • Because it corrupts.
    What a government does shapes the type of government it is and the society. This is the basis for much of our politics – and the reason conservatives are so concerned about irresponsible government spending for example. We can see how torture corrupted our national security apparatus – how it infected it like a virus. Some of our top national security officials may be indicted as war criminals as a result of Ronald Reagan’s Convention Against Torture. False confessions are the inevitable result of torture – which is why our legal system, in the interests of justice, does not accept any evidence tainted by torture. This raises all sorts of issues relating to the perpetrators of September 11. We may never be able to bring them to justice given our laws. (This is one of the primary motivations behind Spain’s Judge Garzon’s attempt to go after torturers in America.) At the same time, information elicited by torture led our intelligence agencies to believe that Al Qaeda and Saddam Hussein were working together – and that Saddam was preparing to share his weapons of mass destruction with them. This information has all been proved to be false. So, our justice system and our national security apparatus are now in a bind as a result of these corruptions.
  • Because it is immoral and was done in your name.
    I am of the opinion that much of morality is really the passed-on wisdom of our foreparents – the not always obvious principles that allowed them to thrive over generations. In this way, the fact that torture is immoral has much to do with the way in which it corrupts. 
  • Because it matters whether government officials follow the law.
    Without the constraints of law, the power of the government is near absolute – and the government itself can easily become a far greater threat to the American way of life than the terrorists. A people will never remain free if it preemptively surrenders its liberties out of fear.

One thing that has historically separated America from our enemies is that we were the ones who did not torture. The British tortured American prisoners – but General Washington refused to allow the torture of the British prisoners; when American soldiers were accused of torturing Filipinos during the brutal insurgency campaign during Teddy Roosevelt’s term in office, Roosevelt himself made sure that the crimes were not covered up and the men accused were tried for their crimes. The Communists and the Nazis were known to torture – but America did not – and because of this, when the American army was marching through Germany in the final days of World War II, the German army fled to us so they could surrender to ours. When Ronald Reagan sought to demonstrate to the world our moral superiority over the Soviet Union, he pushed through the United Nations Ban on Torture. There is a wisdom in this history – a wisdom passed down through generations of Americans – that held that there is something about America that does not allow it to condone torture. That is why Captain Ian Fishback wrote that he was not willing to torture because he was not willing “to give up even the smallest piece of the idea that is America.” It is why Senator John McCain proclaimed on the floor of the Senate that while our enemies do not deserve mercy, “This is not about them. This is about us.” 

I would be glad if something awful and painful befell the terrorists who wish us harm. But we do not deserve to become a country that does that. As a country, we are not judged by our faith alone – but by how we act. We have now seen the corruption of our national security apparatus by a rather controlled and minimized authorization of torture.

So, why should anyone care that we tortured some evil fuck?

Because by doing so we are endangering our way of life – the foundational principles and institutions that create our fragile system of democracy and checks and balances and laws constraining even the president him or herself.

Categories
Foreign Policy History National Security Pakistan Politics Reflections The Bush Legacy The Opinionsphere The War on Terrorism The Web and Technology War on Drugs

Homo Blogicus, Pup, Pakistan, Torture, Marijuana, and the Revenge of Geography

[digg-reddit-me]I’m going to start creating a list of best reads for the week every Friday – picking between 5 and 10 articles or blog posts that are well worth reading in their entirety.

  1. Christopher Buckley writes a very personal essay for the New York Times, adapted from his soon to be published memoir, about growing up as the son of the famous Mr. and Mrs. William F. Buckley (“Pup” and “Mum”). Truly moving, surprising, honest and earnest. An excerpt:

    I’d brought with me a pocket copy of the book of Ecclesiastes. A line in “Moby-Dick” lodged in my mind long ago: “The truest of all men was the Man of Sorrows, and the truest of all books is Solomon’s, and Ecclesiastes is the fine hammered steel of woe.” I grabbed it off my bookshelf on the way here, figuring that a little fine-hammered steel would probably be a good thing to have on this trip. I’m no longer a believer, but I haven’t quite reached the point of reading aloud from Christopher Hitchens’s “God Is Not Great” at deathbeds of loved ones.

    Soon after, a doctor came in to remove the respirator. It was quiet and peaceful in the room, just pings and blips from the monitor. I stroked her hair and said, the words coming out of nowhere, surprising me, “I forgive you.”

    It sounded, even at the time, like a terribly presumptuous statement. But it needed to be said. She would never have asked for forgiveness herself, even in extremis. She was far too proud. Only once or twice, when she had been truly awful, did she apologize. Generally, she was defiant — almost magnificently so — when her demons slipped their leash. My wise wife, Lucy, has a rule: don’t go to bed angry. Now, watching Mum go to bed for the last time, I didn’t want any anger left between us, so out came the unrehearsed words.

  2. Stephen Walt, blogging for FP, asks Three Questions About Pakistan. He quotes David Kilcullen explaining:

    We have to face the fact that if Pakistan collapses it will dwarf anything we have seen so far in whatever we’re calling the war on terror now.

    He cites a Timur Kuran and Suisanne Lohmann for providing a construct for understanding why such collapses as Pakistan’s possible one are hard to predict:

    [R]evolutionary upheavals (and state collapse) are hard to predict because individual political preferences are a form of private information and the citizenry’s willingness to abandon the government and/or join the rebels depends a lot on their subjective estimate of the costs and risks of each choice. If enough people become convinced the rebels will win, they will stop supporting the government and may even switch sides, thereby create a self-reinforcing snowball of revolutionary momentum. Similar dynamics may determine whether the armed forces hang together or gradually disintegrate. As we saw in Iran in 1979 or in Eastern Europe in 1989, seemingly impregnable authoritarian governments sometimes come unglued quite quickly. At other times, however, apparently fragile regimes manage to stagger on for decades, because key institutions hold and the revolutionary bandwagon never gains sufficient momentum.

  3. Evgeny Morozov, also blogging for FP, suggests that “promoting democracy via the internet is often not a good idea.”

    I simply refuse to believe in the universality of this new human type of Homo Blogicus – the cosmopolitan and forward-looking blogger that regularly looks at us from the cover pages of the New York Times or the Guardian. The proliferation of online nationalism, the growing use of cyber-attacks to silence down opponents, the overall polarization of internet discussions predicted by Cass Sunstein et al, make me extremely suspicious of any talk about the emergence of some new archetype of an inherently democratic and cosmopolitan internet user.

    As much as I’d like to believe that internet decreases homophily and pushes us to discover and respect new and different viewpoints, I am yet to see any tangible evidence that this is actually happening – and particularly in the context of authoritarian states, where media and public spheres are set up in ways that are fundamentally different from those of democracies.

  4. Julian Sanchez blogs reflectively about “our special horror over torture” – especially as related to aerial bombing. He concludes:

    Civilian life affords us the luxury of a good deal of deontology—better to let ten guilty men go free, and so on. In wartime, there’s almost overwhelming pressure to shift to consequentialist thinking… and that’s if you’re lucky enough to have leaders who remember to factor the other side’s population into the calculus. And so we might think of the horror at torture as serving a kind of second-order function, quite apart from its intrinsic badness relative to other acts of war. It’s the marker we drop to say that even now, when the end is self-preservation, not all means are permitted. It’s the boundary we treat as uncrossable not because we’re certain it traces the faultline between right and wrong, but because it’s our own defining border; because if we survived by erasing it, whatever survived would be a stranger in the mirror. Which, in his own way, is what Shep Smith was getting at. Probably Khalid Sheik Mohammed deserves to be waterboarded and worse. We do not deserve to become the country that does it to him.

  5. Jim Manzi is equally reflective in his piece written “Against Waterboarding” for the American Scene and published at the National Review’s Corner as well:

    What should a U.S. citizen, military or civilian, do if faced with a situation in which he or she is confident that a disaster will occur that can only be avoided by waterboarding a captured combatant? Do it, and then surrender to the authorities and plead guilty to the offense. It is then the duty of the society to punish the offender in accordance with the law. We would rightly respect the perpetrator while we punish him. Does this seem like an inhuman standard? Maybe, but then again, I don’t want anybody unprepared for enormous personal sacrifice waterboarding people in my name.

    But consider, not a theoretical scenario of repeated nuclear strikes on the United States, or a tactical “ticking time bomb” scenario, but the real situation we face as a nation. We have suffered several thousand casualties from 9/11 through today. Suppose we had a 9/11-level attack with 3,000 casualties per year every year. Each person reading this would face a probability of death from this source of about 0.001% each year. A Republic demands courage — not foolhardy and unsustainable “principle at all costs,” but reasoned courage — from its citizens. The American response should be to find some other solution to this problem if the casualty rate is unacceptable. To demand that the government “keep us safe” by doing things out of our sight that we have refused to do in much more serious situations so that we can avoid such a risk is weak and pathetic. It is the demand of spoiled children, or the cosseted residents of the imperial city. In the actual situation we face, to demand that our government waterboard detainees in dark cells is cowardice.

  6. Robert Kaplan writes about the “Revenge of Geography” for Foreign Policy. The summary of the article:

    People and ideas influence events, but geography largely determines them, now more than ever. To understand the coming struggles, it’s time to dust off the Victorian thinkers who knew the physical world best. A journalist who has covered the ends of the Earth offers a guide to the relief map—and a primer on the next phase of conflict.

  7. Time magazine has a piece written by Maia Szalavitz on drug decriminalization in Portugal which is also worth checking out. Excerpt:

    “Judging by every metric, decriminalization in Portugal has been a resounding success,” says Glenn Greenwald, an attorney, author and fluent Portuguese speaker, who conducted the research. “It has enabled the Portuguese government to manage and control the drug problem far better than virtually every other Western country does.”

    Compared to the European Union and the U.S., Portugal’s drug use numbers are impressive. Following decriminalization, Portugal had the lowest rate of lifetime marijuana use in people over 15 in the E.U.: 10%. The most comparable figure in America is in people over 12: 39.8%. Proportionally, more Americans have used cocaine than Portuguese have used marijuana.

Categories
Law Morality National Security Politics The Bush Legacy The War on Terrorism

Name, Rank and Serial Number

[digg-reddit-me]Our enemies do not subscribe to the rules of the Marquis of Queensbury. “Name, rank and serial number” does not apply to non-state actors but is, regrettably, the only question this administration wants us to ask.

Porter Goss, former director of the CIA, in the Washington Post.

Right-wingers from the National Review to Rush Limbaugh to Porter Goss has repeated this line ad infinitum – this constant suggestion or occasionally accusation that opponents of torture only want to ask members of al Qaeda for their “name, rank and serial number.” This is a distortion of the position many opponents of torture take – that the Geneva Conventions do apply even to terrorists. A commenter called salubrius provides a decent breakdown:

There are two standards for interrogation in the Geneva Convention. One standard applies to POWs or prisoners of war. These prisoners have a preferred status in that they may not be coerced to provide information other than their name, rank and serial number. The other standard applies to those who do not qualify as POWs. These are also referred to as unlawful enemy combatants. The Supreme Court in 1942 referred to this classification of lawful and unlawful combatants. 

Terrorists and suspected terrorists are still protected under the Geneva Conventions – though not to the extent of prisoners of war or civilians. Geneva provides certain mininimal protections for “those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.” Namely, Geneva provides that such persons “shall nevertheless be treated with humanity” and “shall not be deprived of the rights of fair and regular trial prescribed by the present Convention.” This is the position held by most if not all of those who insist that Geneva still applies to terrorists.

Proponents of torture try to mislead those not following the political conversation closely by disingenously claiming that their opponents consider asking anything more than “name, rank, and serial number” to be torture. In fact, the most successful interrogators of terrorists so far have also been opponents of torture – from Ali Soufan of the FBI to Matthew Alexander of military intelligence.

Continue reading “Name, Rank and Serial Number”
Categories
Humor National Security

How to Prevent the Swine Flu

Randall Munroe has some good advice on the swine flu:

Bad flu epidemics can hit young adults hardest because they provoke their powerful immune systems into overreaction, so to stay healthy spend the next few weeks drunk and sleep-deprived to keep yours suppressed.

N.B. All medical advice given on this website should be followed scrupulously as neither I nor Randall Munroe are medical experts and have no knowledge whatsoever on this topic.

Categories
Barack Obama Morality National Security Politics The Bush Legacy The Opinionsphere The War on Terrorism

When Obama Should Torture Osama

[digg-reddit-me]I feel compelled to respond to Michael Scheuer’s op-ed in the Washington Post. A friend of mine who is in military intelligence brought the story to my attention with an approving comment.

Scheuer is a interesting thinker who have lived and breathed the world of Al Qaeda since before anyone else knew its name. His analysis is always interesting – but his opinions are usually marred by his constant imputation of base motives to anyone with whom he disagrees on policy grounds. This often makes him sound like a political hack rather than an intelligence analyst. In his most recent op-ed, he claims that Barack Obama is “a genuine American Jacobin” placing ideology above reality. (Scheuer doesn’t acknowledge that one of the worse abuses of the real-life Jacobins was their torturing of opponents.) Scheuer goes on:

[T]he president told Americans that his personal beliefs are more important than protecting their country, their homes and their families.

Scheuer believes that by ending American torture, the administration is “enthroning Obama’s personal morality as U.S. defense policy.” He argues that the bases for getting rid of torture are simply lies – that torture did not inflame Muslim anger and that it is effective. Scheuer fails to make either point convincingly.

His proof that torture did not inflame the Muslim world is that other things make them madder. (“[T]hey do not even make the Islamists’ hit parade of anti-U.S. recruiting tools”.) Certainly, American torture was not one of the core objections of Al Qaeda – but it did apparently inflame the insurgency in Iraq – as any student of history could have predicted, as torture has served a similar purpose in Algeria under French occupation and in Ireland under British occupation.

On torture’s effectiveness, Scheuer simply expresses outrage that Obama would implicity question the integrity of those who authorized torture. (“[T]he president used his personal popularity and the stature of his office to implicitly identify as liars those former senior U.S. officials who know…that the interrogation techniques have yielded intelligence essential to the nation’s defense.”) Scheuer point should be complicated by the fact that these officials now are seen to be liars because came forward to publicly castigate President Obama, at least in part on false premises – not because the president went out of his way to paint them as liars

Most inanely, Scheuer seems to think that it is merely Obama’s “personal morality” rather than a concern for Rule of Law and our national character that motivates him. This assumption of Scheuer’s part makes him look like a political hack – as Obama has always expressed his opposition to torture as a matter of law and national morality – rather than his own human queasiness. It’s hard to understand how Scheuer can get into the mind of an Al Qaeda operative and convincingly describe the motives of a terrorist but is unwilling or unable to convincingly describe the thought-processes of his opponents closer to home, such as the president.

But the most interesting point Scheuer makes is in his opening hypothetical situation- which he abruptly drops in favor of his piss-poor political analysis. 

The scenario Scheuer describes is this: we have captured Osama Bin Laden. He declares that he knows where and when a devastating nuclear attack will hit America, but he refuses to give any further information. Scheuer presumes torture is an efficient method of getting information, a kind of magical truth serum. This is the type of ticking-time-bomb scenario that theorists often discuss but has never yet happened in recorded history.

Under these circumstances, Scheuer explains, Obama must order Bin Laden be tortured.

Given this hypothetical example – and if torture was believed to be effective – even Obama would have to agree based on his public statements and liberal positions. This is what Scheuer does not understand. 

Liberals do not oppose torture merely because they think it makes us look bad in the eyes of the world or because it violates their individual ethical principles or because they do not believe America has ruthless enemies or because they instinctually take the side of America’s enemies – all of whcih either Scheuer or various other right-wingers have suggsted. Liberals oppose torture because they know history – and they know that even the great and good can be corrupted by power. That means, even America can be corrupted.

America was founded on a certain conception of the individual as having inalienable right that cannot be abrogated by the state. Because of this, America has always been able to differentiate itself from it’s enemies by the fact that it did not torture. While the British tortured Americans during the Revolution, our fledgling nation survived; as the American and Soviet armies marched across Germany our reputation for the humane treatment of prisoners led the highest value Germans to flee towards American lines to surrender to us. To highlight this fundamental difference with our enemies, Ronald Reagan championed the United Nations Convention on Torture. Liberals believe in the idea that is America – and refuse to preemptively surrender it out of fear. Liberals know that once a government is allowed to torture, it is a very slippery slope to tyranny. Which is why this torture debate has never been about the terrorists – it is about us.

Which is why I am sure that Obama would, and if not he should, order that Bin Laden be tortured in the hypothetical example above. But to preserve the Rule of Law and “the idea that is America,” he would not try to hide behind talk of “bad apples” and legalistic memos. He would have to take personal responsibility for this extraordinary and illegal use of authority – and once the crisis has passed he would have to appoint a special prosecutor to examine his actions and put them before the public in an open and transparent matter.

To preserve the Rule of Law, any one who ordered torture or who tortured would have to place himself or herself at the mercy of the public and law enforcement. 

Postscript: Antother thing that Scheuer fails to acknowledge is that George W. Bush’s torture regime was nothing like the hypothetical he offered. Torture did not work quickly – and indeed lasted for months in the publicly acknowledged cases. Interrogators had no ticking time bombs forcing their hand. And in fact, we also know that some false information gleaned from torture was used to justify the Iraq war. This is what torture has always been good for – not as a truth serum, but for extracting politically necessary confessions.

Categories
National Security Politics The Bush Legacy The Opinionsphere The War on Terrorism

Torture Works…For Some Things…

[digg-reddit-me]Throughout history, the main purpose of torture – from the the castration of William ‘Braveheart’ Wallace to the water boarding of heretics before councils of the Inquisition to the various stress techniques used by the Soviet Union to break dissidents – has been to extract politically necessary confessions to justify the policies of the state (or church). In this, history has shown that torture has been extraordinarily successful.

Frank Rich in the New York Times suggests a similar motive for American torture in his latest column:

Maj. Paul Burney, a United States Army psychiatrist assigned to interrogations in Guantánamo Bay that summer of 2002…: “A large part of the time we were focused on trying to establish a link between Al Qaeda and Iraq and we were not being successful.” As higher-ups got more “frustrated” at the inability to prove this connection, the major said, “there was more and more pressure to resort to measures” that might produce that intelligence.

In other words, the ticking time bomb was not another potential Qaeda attack on America but the Bush administration’s ticking timetable for selling a war in Iraq; it wanted to pressure Congress to pass a war resolution before the 2002 midterm elections. Bybee’s memo was written the week after the then-secret (and subsequently leaked) “Downing Street memo,” in which the head of British intelligence informed Tony Blair that the Bush White House was so determined to go to war in Iraq that “the intelligence and facts were being fixed around the policy.” A month after Bybee’s memo, on Sept. 8, 2002, Cheney would make his infamous appearance on “Meet the Press,” hyping both Saddam’s W.M.D.s and the “number of contacts over the years” between Al Qaeda and Iraq. If only 9/11 could somehow be pinned on Iraq, the case for war would be a slamdunk.

But there were no links between 9/11 and Iraq, and the White House knew it. Torture may have been the last hope for coercing such bogus “intelligence” from detainees who would be tempted to say anything to stop the waterboarding.

Rich suggests a level of malintent which I do not think is necessary to understand the White House decision to torture. But the connection he makes is a valid one. It was largely the confessions extracted by torture that made the case for Iraq seem urgent – beyond the various circumstantial evidence presented. It is known, for example, that Ibn al-Shaykh al-Libi and Abu Zubaydah, each of whom provided key information linking Al Qaeda and Saddam Hussein, were tortured in order to extract this information. We now know the information they provided was false.

In other words – torture works – it can break someone’s will – and force them to tell you what you want to hear. But history has not demonstrated it can force someone to tell the truth. In action movies it always works – in real life, apparently not.

Categories
National Security The Bush Legacy The Opinionsphere The War on Terrorism

Cheney Didn’t Panic

[digg-reddit-me]Andrew Sullivan begins to explain Dick Cheney’s recent odd agreement with anti-torture journalist Mark Danner – as both call for the release of memos which demonstrate the efficacy of torture with this typically insightful observation:

The one thing you saw most plainly in the Plame affair is how obsessed Dick Cheney is with public image, the chattering classes and spinning stories that might reflect poorly on him. The act is the elder statesman, authoritatively reviewing the world scene, soberly making judgments, calmly explaining it later to those pesky people who are required to elect you every four years.

This seems obviously true now that I’ve read it – although I cannot remember this point being discussed before. Cheney demonstrated that he cared a great deal for his public image – even if he was not concerned with that other related quality which we can call popularity. Where I think Andrew goes wrong is in how he explains Cheney’s support for torture in the next sentence:

The reality is a man who lost it on 9/11, leapt immediately to apocalyptic conclusions, and then, as the dust cleared, was unable to go back on the war crimes he had authorized and so dug in ever more deeply to justify them.

I cannot know what precisely motivated Cheney in the aftermath of September 11. But my impression is not that he lost it – but that he saw it as an opportunity to do what needed to be done. Certainly Andrew would agree with this assessment as to Cheney’s motivation regarding executive power and the unitary executive and even the invasion of Iraq. Cheney wanted to do all of these things beforehand and saw September 11 as a justification for each of his preconceived policy prescriptions. Andrew is now trying to account for why Cheney authorized torture – starting with the presumption that he did not plan on doing so beforehand. I too doubt that Cheney intended to institute a policy of torture before he came into the White House. But I believe that given his beliefs, it was inevitable that he would support it, whether September 11 happened or not. Without September 11, he may never have been given the chance to support it – but he would have done so if he had been given such a chance.

There is little evidence of Cheney’s thinking about torture before September 11 – although Barton Gellman in The Angler describes Cheney’s beliefs about torture in the context of the kidnapping and torture of William Buckley by Hezbollah in Beirut in 1984:

Cheney had been thinking about the power of cruelty since at least 1984. In March of that year, the CIA’s chief of station in Beirut, William Buckley, fell into the hands of Hezbollah. “He has kidnapped and tortured,” recalled Tom Smeeton, a former CIA officer who served then as minority staff director of the House Intelligence Committee. Cheney, a committee member, followed the Buckley case closely, reviewing a secretly obtained videotape of the station chief’s decline. Cheney “was quite concerned about the implications of his torture and what that could mean in terms of revelations of various intelligence operations going on in the Middle East,” Smeeton said. The presumption they shared, with foreboding, was that torture worked.

I’m sure Cheney – like many who watch action movies – believed that torture was effective. At the same time, Cheney seemed to have a romantic notion of doing the hard, unpopular thing – of living in moral gray areas – of the dark but necessary arts. This of course was evident in his infamous Meet the Press appearance on September 16, 2001. You can see this attitude in his opinion of the crimes of the Richard Nixon and Iran-Contra scandals. This romanticization of the Dark Side of power – the necessary evils done by rough men in the night to protect the rest of us made torture was inevitable. Of course, torture is not normally considered a “gray” area – so a legalistic distinction had to be made:

After September 11, Cheney and his allies pioneered a distinction that the U.S. government had not claimed before. “Torture,” narrowly defined, would remain out of bounds. But violent, cruel, or degrading methods, the terms of art in Geneva, were perfectly lawful.

But the main reason I don’t buy the idea that Cheney’s decision to torture was a product of panic was his apparent composure on September 11 – and the coherence of his response. Back to Barton Gellman in The Angler again:

If a mandarinate ruled America, the recruiting committee on September 11 would have had to find someone like Cheney. “I don’t want to get too poetic about this, but it’s almost as if his whole life had been a preparation for this moment in history,” said Jack Kemp, who used to be a future vice president himself. Scooter Libby quoted that line, too, giving credit to Winston Churchill. Cheney professed no knowledge of fate. He had some acquaintance, though, with force and counterforce. Al Qaeda having struck on his watch, Cheney made clear by word and deed that he would take a leading role in the nation’s reply. So, too, did Libby and Addington. The three of them simply knew what had to be done, a considerable advantage in the debate that would soon follow.

By my reading, the Bush administration approved torture because in the aftermath of September 11, every one panicked – except Dick Cheney – who calmly applied his governing philosophy to the crisis. Cheney himself fomented and controlled the panic with such things as the One Percent Doctrine. His romantic attitude is best demonstrated by the character of Jack Bauer:

Except apparently for the fact that Bauer is humanized by his guilt over what he has done and believes it is necessary for the system to bring him to justice.

Cheney has exhibited no such guilt for his actions – and in fact has demonstrated pride.

Cheney didn’t panic on September 11 – and I don’t think he is panicking now. He does not believe he did anything wrong – and he does believe that no matter what the press says today, history will support him in the end. This is part of his romantic self-image – of a master of the Dark Side. He knows that if torture is held to be not only evil, but an ineffective (and indeed counterproductive) tactic, his legacy will be forever blackened. He’s fighting for his legacy – part of which is the endorsement of torture. He truly believes torture works – and he seems to feel no shame about having authorized it.

Categories
Barack Obama Morality National Security Politics The Opinionsphere The War on Terrorism

Framing the Torture Debate

[digg-reddit-me]This isn’t a definitive timeline of the debate over torture in America. These are merely some highlights.

On September 11, 2001 we were attacked by militant islamists as they took advantage of the openness of our society and our technology and committed one of the most foul atrocities in history.

By September 12, 2001, everything had changed for those in power – and for many of us – “The sense of danger in the White House was urgent, palpable.” An associate of Condi Rice explained:

We really thought we were going to be attacked – possibly chemical, biological, even nuclear, the potential that they could blow up entire American cities…And then CIA came and said, ‘You know, this is the only way to question these people. Our experts say this is the only program that will work.’ And Justice said that the [Geneva Conventions] didn’t apply…and that the agency program did comply with the torture statute.

Others in the White House described a feeling of panic imbuing all their actions.

On September 16, 2001 – Dick Cheney appeared on Meet the Press:

I think the important thing here, Tim, is for people to understand that, you know, things have changed since last Tuesday…We…have to work, though, sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective.

On August 1, 2002, what becomes known as the Bybee torture memo, written apparently by his deputy John Yoo, re-defines torture as physical pain:

equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.

It is not known if all of the techniques justified using this legal shield have been made public – but a partial list includes:

  • Suffocation by water (waterboarding, or traditionally, the water torture);
  • Prolonged stress standing position, naked, held with the arms extended and chained above the head…
  • Beatings by use of a collar held around the detainees’ neck and used to forcefully bang the head and body against the wall…
  • Beating and kicking, including slapping, punching, kicking to the body and face…
  • Confinement in a box to severely restrict movement…
  • Prolonged nudity…this enforced nudity lasted for periods ranging from several weeks to several months…
  • Sleep deprivation…through use of forced stress positions (standing or sitting), cold water and use of repetitive loud noises or music…
  • Exposure to cold temperature…especially via cold cells and interrogation rooms, and…use of cold water poured over the body or…held around the body by means of a plastic sheet to create an immersion bath with just the head out of water.
  • Prolonged shackling of hands and/or feet…
  • Threats of ill-treatment, to the detainee and/or his family…
  • Forced shaving of the head and beard…
  • Deprivation/restricted provision of solid food from 3 days to 1 month after arrest…

Sometime in 2002, John Ashcroft exclaims during a meeting of the cabinet-level officials going over the details of how detainees are being interrogated:

History will not judge this kindly.

Donald Rumsfeld writes on 2002 memo describing interrogation techniques:

I stand for 8-10 hours a day. Why is standing limited to four hours?

Rumsfeld presumably stood at a desk, using it for support and moved around – a very different experience than “forced standing,” a former Communist torture technique which can result in physical effects which Red Cross reports described in detainees:

After 18 to 24 hours of continuous standing, there is an accumulation of fluid in the tissues of the legs. This dependent edema is produced by the extravasation of fluid from the blood vessels. The ankles and feet of the prisoner swell to twice their normal circumference. The edema may rise up the legs as high as the middle of the thighs. The skin becomes tense and intensely painful. Large blisters develop, which break and exude watery serum….

Beginning in 2004, photographs from the Abu Ghraib scandal surface:

Christopher Hitchens – after publicaly calling waterboarding and the other interrogation methods used merely “extreme interrogation” and not “outright torture” – accepts a challenge to undergo it himself. He comes away a changed man:

Here is the most chilling way I can find of stating the matter. Until recently, “waterboarding” was something that Americans did to other Americans. It was inflicted, and endured, by those members of the Special Forces who underwent the advanced form of training known as sere (Survival, Evasion, Resistance, Escape). In these harsh exercises, brave men and women were introduced to the sorts of barbarism that they might expect to meet at the hands of a lawless foe who disregarded the Geneva Conventions. But it was something that Americans were being trained to resist, not to inflict…

[I]f waterboarding does not constitute torture, then there is no such thing as torture.

Deroy Murdok writes in the National Review:

Waterboarding is something of which every American should be proud.

 

Former CIA operative Barry Eisler:

[T]orture is also an excellent way to get the subject to confess to anything at all, which is why it was a wonderful tool for the Spanish Inquisition and for the secret police of assorted totalitarian regimes. But if the goal is to produce accurate, actionable intelligence, torture is madness… To paraphrase Oscar Wilde, torture is worse than immoral: it’s tactically stupid. It produces false confessions, which can be used to confirm mistaken suspicions and even outright policy fantasies; it instills an insatiable thirst for vengeance in most people who are subjected to it, and so creates new, dedicated enemies; it permanently brutalizes its practitioners; and it cuts us off from intelligence from the local populace because so many people will refuse to inform on someone if they fear he’ll be tortured.

On October 15, 2004, Justice John Stevens wrote:

For if this nation is to remain true to the ideals symbolized by its flag, it must not wield the tools of tyrants even to resist an assault by the forces of tyranny.

On June 14, 2005, Senator Dick Durbin gave a controversial speech in which he read from an FBI report of detainee interrogations:

If I read this to you and did not tell you that it was an FBI agent describing what Americans had done to prisoners in their control, you would most certainly believe this must have been done by Nazis, Soviets in their gulags, or some mad regime – Pol Pot or others – that had no concern for human beings. Sadly, that is not the case. This was the action of Americans in the treatment of their prisoners

Malcolm Nance, a former SERE interrogator explained that Senator Dick Durbin was right:

Now, at long last, six years of denials can now be swept aside, and we can say definitively: America engaged in torture and legalized it through paperwork.

Despite all the gyrations – the ducking, dodging and hiding from the facts – there is no way to say that these people were not authorizing torture. Worse yet, they seem to have not cared a wit that these techniques came from the actual manuals of communist, fascist and totalitarian torturers.

On September 28, 2005, Captain Ian Fishback wrote a letter to Senator John McCain:

…the most important question that this generation will answer [is] Do we sacrifice our ideals in order to preserve security? Terrorism inspires fear and suppresses ideals like freedom and individual rights. Overcoming the fear posed by terrorist threats is a tremendous test of our courage. Will we confront danger and adversity in order to preserve our ideals, or will our courage and commitment to individual rights wither at the prospect of sacrifice? My response is simple. If we abandon our ideals in the face of adversity and aggression, then those ideals were never really in our possession.I would rather die fighting than give up even the smallest part of the idea that is “America.

On November 4, 2005, Senator John McCain explained his opposition to torture:

I have said it before but it bears repeating: The enemy we fight has no respect for human life or human rights. They don’t deserve our sympathy. But this isn’t about who they are. This is about who we are. These are the values that distinguish us from our enemies, and we can never, never allow our enemies to take those values away.

On January 19, 2009, Dick Cheney explained to the Weekly Standard

I think on the left wing of the Democratic party, there are some people who believe that we really tortured…

On January 14, 2009, Bob Woodward interviewed the top Bush administration official in charge of deciding whether to bring Guantanamo Bay detainees to trial in the Washington Post:

“We tortured [Mohammed al-]Qahtani,” said Susan J. Crawford, in her first interview since being named convening authority of military commissions by Defense Secretary Robert M. Gates in February 2007. “His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution.

On January 22, 2009, a day after taking office, Barack Obama said:

I can say without exception or equivocation that the United States will not torture.

In April 2009, Mark Danner in the New York Review of Books:

[T]he political logic is insidious and, in the aftermath of a future attack, might well prove compelling…

The only way to defuse the political volatility of torture and to remove it from the center of the “politics of fear” is to replace its lingering mystique, owed mostly to secrecy, with authoritative and convincing information about how it was really used and what it really achieved.

On April 20, 2009, Dick Cheney told Sean Hannity:

I’ve now formally asked the CIA to take steps to declassify those memos so we can lay them out there and the American people have a chance to see what we obtained and what we learned and how good the intelligence was, as well as to see this debate over the legal opinions.

In spring 2008, Eric Holder explained:

We owe the American people a reckoning.

On March 18, 2008 Dawn Johnsen, who has been appointed to head Obama’s Office of Legal Counsel which was responsible for the legal opinions cited above wrote in in Slate:

We must avoid any temptation simply to move on. We must instead be honest with ourselves and the world as we condemn our nation’s past transgressions and reject Bush’s corruption of our American ideals. Our constitutional democracy cannot survive with a government shrouded in secrecy, nor can our nation’s honor be restored without full disclosure.

On April 19, 2009, Peggy Noonan on This Week With George Stephanopoulos:

Some things in life need to be mysterious … Sometimes you need to just keep walking.

(All emphases within quotations are my own.)

This is where we stand today – thanks to the courage of heroes within the Bush administration and the military who stood for American values in a time of crisis and against preemptive surrender of our way of life and thanks to the courage of journalists from Mark Danner to Andrew Sullivan to Glenn Greenwald to Dana Priest to Jane Mayer who exposed these secret actions.

Continue reading “Framing the Torture Debate”
Categories
Barack Obama The Opinionsphere Videos War on Drugs

Barack Obama Declares the War on Drugs “an utter failure”

[digg-reddit-me]I’d heard this quote often, but never saw the video:

It’s interesting how the younger and less constrained Obama is able to flatly state the fact that the War on Drugs has been an utter failure and that marijuana should be decriminalized while still maintaining his opposition to legalization. 

I’m all for gradual steps and half-measures that push our society in a positive direction – rather than abrupt shifts that prompt backlashes. And I think Obama has the politics of this right, if not the policy – decriminalization must come first and separate from legalization. But once pot is decriminalized, the logic of it’s legalization becomes inevitable. The problem is that decriminalization could just as easily aid the Mexican drug cartels in the short term – as they take advantage of the gray area in which marijuana would exist legally. Of all 7 positive effects that would be possible if marijuana were legalized, only 3 of them would be partially accomplished by decriminalization.

The prudent political path then is to make the case for legalization while pushing for decriminalization – with the knowledge that the latter will lead to the former.