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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, 2001Dick 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 2002John 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, 2009Dick 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.

Categories
Economics Election 2008 McCain National Security Obama Politics The War on Terrorism

A Skeptic’s Case For Barack Obama

[digg-reddit-me]When Barack Obama first announced he was going to run for president I was very skeptical – both about whether he was seasoned enough or whether this was his moment. It took me six months of reading, researching, and reflecting to finally come to decide that Obama was my choice.

I doubt anyone reading this blog over the past year would consider me to be a skeptic of Obama. But I did start out as one – and despite my strong support for Obama, I still remain one. Electing anyone as president is a risk – and those of us who are skeptical, who are less than completely taken with a candidate, who can sees the flaws along with the great opportunity – can be tempted to throw up our hands in despair and suggest – as many do – that each election is merely a choice between the lesser of two evils. But by giving up our place in politics, we cede power to those whose secular or religious convictions are certain – allowing them to drag us from one extreme to another.

There are serious issues we need to deal with as a nation in the next four years, issues which have been festering for far too long untended – global warming, terrorism, islamist extremism, the challenges of globalization, the fiscal instability, our deteriorating infrastructure, growing executive power. We need a president who can focus the country on these tasks and finally set us on the right path again.

Here are the reasons why I believe Barack Obama is the leader we need to set us on that path:

  1. Ideological Agnosticism.
    Despite the recent claims of Obama’s secret Marxist tendencies, his secret socialist tendencies, his secret terrorist sympathies, and the other extreme ideologies he is imputed to secretly profess, he is in fact a pragmatist – describing himself at one point as ideologically agnostic:

    I’m a Democrat. I’m considered a progressive Democrat. But if a Republican or a Conservative or a libertarian or a free-marketer has a better idea, I am happy to steal ideas from anybody and in that sense I’m agnostic.

    You can see this in Obama’s clear appreciation for Ronald Reagan and his belief in the power of markets (as you can see in his health care proposal [PDF] and his cap-and-trade proposal to combat global warming [PDF].) You can also see it in how he was able to find common cause and team up with one of the most conservative members of the Senate, Tom Coburn, on a bill to promote transparency in earmark spending.

  2. Post-partisanship.
    It’s a buzz word that most people have a sense of but not a clear understanding of. For Obama, post-partisanship is a campaign and governing strategy that focuses on long-term challenges, especially those with technocratic answers – such as global warming, health care, the financial crisis, and infrastructure development – while striving to minimize and find common ground on divisive social issues – such as abortion, gun rights, and gay marriage. Notice that in Obama’s convention speech he does not use the standard rhetoric about abortion or guns – but instead strives to move past these issues:

    The challenges we face require tough choices. And Democrats, as well as Republicans, will need to cast off the worn-out ideas and politics of the past, for part of what has been lost these past eight years can’t just be measured by lost wages or bigger trade deficits. What has also been lost is our sense of common purpose, and that’s what we have to restore.

    We may not agree on abortion, but surely we can agree on reducing the number of unwanted pregnancies in this country.

    The reality of gun ownership may be different for hunters in rural Ohio than they are for those plagued by gang violence in Cleveland, but don’t tell me we can’t uphold the Second Amendment while keeping AK-47s out of the hands of criminals.

    At the same time, Obama’s post-partisanship can be seen in his many attempts to encourage dialogue with and respect for ideological conservatives – and his reluctance to criticize the Republican party as a whole.

  3. Process Revolution.
    Lawrence Lessig, a Constitutional law professor, suggests that throughout American history there have been a number of unusual “revolutions whose purpose was not to tear down the existing social and governmental structures, but to amend them in discrete ways.” He cites the Second Constitional Convention and the post-Watergate reforms as clear examples – and he suggests as a result of Bush’s legacy, we may be on the verge of another “process revolution.” Many of Obama’s proposals focus on reforming processes rather than achieving certain ends. For example, he proposes to increase transparency for all aspects of government and to allow citizens a more active role in responding to and shaping government policy. Neither of these changes in process necessarily further liberal goals – but they both help reform government in general.
  4. His Campaign.
    As Peter Beinart wrote earlier this year:

    It is this remarkable hybrid campaign, far more than Obama’s thin legislative resume, that should reassure voters that he can run the government.

    The almost flawless manner in which Obama has run his campaign has helped assuage any doubts I had about Obama’s executive leadership capability. Add to that the fact that his opponent also has no relevant executive experience, and for me, the choice became more clear. Obama proved that he could win, that he was willing to fight hard, and if necessary dirty, but that he preferred the high road – and managed to – in Peggy Noonan’s phrase – take “down a political machine without raising his voice.”

  5. Obamanomics.”
    The term sounds hokey – but it refers to the Democratic consensus about the economic steps that need to be taken to get America on the right track economically – especially to reduce the middle class squeeze and to deal with the root causes of the financial crisis. The steps Obama proposes are not radical – they are moderate. You might almost call them “tinkering.”
  6. The Right Temperament.
    Conservative columnist and curmudgeon George F. Will clearly sees that one of the candidates has the wrong temperament – as he described McCain’s reaction to the current financial crisis:

    Under the pressure of the financial crisis, one presidential candidate is behaving like a flustered rookie playing in a league too high. It is not Barack Obama…[The more one sees of McCain’s] impulsive, intensely personal reactions to people and events the less confidence one has [in him] …It is arguable that McCain, because of his boiling moralism and bottomless reservoir of certitudes, is not suited to the presidency. Unreadiness can be corrected, although perhaps at great cost, by experience. Can a dismaying temperament be fixed?

    Another conservative columnist Charles Krauthammer admitted, while endorsing McCain, that Obama has “both a first-class intellect and a first-class temperament.” It is noteworthy that even these conservative stalwarts cannot avoid noticing that Obama’s steady, patient, consistent, even temperament.

  7. A Commander-in-Chief.
    The War on Terrorism, against international islamist extremism, is one of the core issues this election is about. It is impossible to project who will be able to handle the pressure of the commander-in-chief role well – except perhaps for those with relevant experience, such as high-level generals. But even that is no guarantee (see Grant, Ulysses.) Temperament is very important when choosing a commander-in-chief – but so is judgment. Obama has consistently shown good judgment regarding the War on Terrorism – most especially by opposing the War on Terrorism as a “dumb war” and by focusing on Pakistan and Afghanistan. And unlike either John McCain or George Bush, Obama has made it clear that he will not be outsourcing his responsibilities to a Secretary of Defense or to generals. As he told General Petreaus in Iraq: “My job as a potential Commander in Chief is to view your counsel and interests through the prism of our overall national security.” As a reader on Andrew Sullivan’s blog wrote:

    We can’t let it be assumed that McCain is stronger on national defense (including counter terrorism) just because he talks with more bluster than Obama. Seven years ago the world was shocked but united by 9/11. It was an environment in which the US could have led the world not just in acting militarily against terrorists, but actually eliminated terrorism by making it too politically costly. But then Bush muddied up the waters. We need a president who understands that mistake.

    A victory by John McCain will make Al Qaeda’s job easier. A victory by Obama will make it harder.

  8. Restoration.
    After September 11, 2001, the Bush administration began a systematic attempt – perhaps initially begun in good faith – to consolidate power in the executive branch, to ignore the rule of law and the Constitution, to torture American-held prisoners, and even to commit war crimes – while in the meantime undermining the entire international system created mainly by America and playing into Al Qaeda’s plans to draw us into conflicts in the Middle East. John McCain was one of the heroes who stood up to the Bush administration and against some of it’s worst excesses. He eloquently stated:

    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.

    And he’s exactly right. We must fight the War on Terror in a way consistent with our values – as Israel learned during the intifada and England learned during The Troubles, it is easy to let fear become the rationale behind policy (which is precisely what the “One Percent Doctrine” entails) – but in the end, you end up losing both your values and making the situation worse. McCain, despite some fine rhetoric, is not the candidate to restore American values – as he balked at preventing the CIA from torturing and called the Supreme Court decision supporting the ancient and basic right of habeas corpus the worst decision in the Court’s history. Obama does not have a perfect record on these issues – but he has made it a major theme of his campaign to restore our American values and the rule of law. Andrew Sullivan explained how he had watched America turn away from it’s values and that:

    until this unlikely fellow with the funny ears and strange name and exotic biography emerged on the scene, I had begun to wonder if it was possible at all. I had almost given up hope, and he helped restore it.

  9. Tinkering.
    Nassim Nicholas Taleb, an author, former Wall Street trader, economist, and philosopher who predicted the current financial crisis believes the best approach to action is something he calls “tinkering”:

    Taleb believes in tinkering – it was to be the title of his next book. Trial and error will save us from ourselves because they capture benign black swans. Look at the three big inventions of our time: lasers, computers and the internet. They were all produced by tinkering and none of them ended up doing what their inventors intended them to do. All were black swans. The big hope for the world is that, as we tinker, we have a capacity for choosing the best outcomes.

    “We have the ability to identify our mistakes eventually better than average; that’s what saves us.” We choose the iPod over the Walkman. Medicine improved exponentially when the tinkering barber surgeons took over from the high theorists. They just went with what worked, irrespective of why it worked. Our sense of the good tinker is not infallible, but it might be just enough to turn away from the apocalypse that now threatens Extremistan.

    Tinkering is the best we can do in a world we only imperfectly understand. Anyone looking at Obama’s policy proposals can see that he is a tinkerer rather than a revolutionary. For example, he seeks to build upon our current health care system rather than demolish it as McCain does in one manner and socialists do in another.

As I wrote before: Obama is a liberal pragmatist, with a conservative temperament, who seeks to understand the world as it is, to identify our long-term challenges, and to push (to nudge it) in a positive direction by tinkering with processes and institutions and creating tools to get people more involved in the government.

These are my reasons, as an initial skeptic, that I support Obama.

These are not reasons to be complacent if he does, in fact, win. But they are reasons to be satisfied – if only for one night – that our country is moving in the right direction again.

Categories
Election 2008 Politics The Clintons

Noonan on sexism

Peggy Noonan isn’t known for her enlightened thinking, but on occasion her riffs are truly enlightening:

So, to address the charge that sexism did [Hillary] in:

It is insulting, because it asserts that those who supported someone else this year were driven by low prejudice and mindless bias.

It is manipulative, because it asserts that if you want to be understood, both within the community and in the larger brotherhood of man, to be wholly without bias and prejudice, you must support Mrs. Clinton.

It is not true. Tough hill-country men voted for her, men so backward they’d give the lady a chair in the union hall. Tough Catholic men in the outer suburbs voted for her, men so backward they’d call a woman a lady. And all of them so naturally courteous that they’d realize, in offering the chair or addressing the lady, that they might have given offense, and awkwardly joke at themselves to take away the sting. These are great men. And Hillary got her share, more than her share, of their votes. She should be a guy and say thanks.

It is prissy. Mrs. Clinton’s supporters are now complaining about the Hillary nutcrackers sold at every airport shop. Boo hoo. If Golda Meir, a woman of not only proclaimed but actual toughness, heard about Golda nutcrackers, she would have bought them by the case and given them away as party favors.

It is sissy. It is blame-gaming, whining, a way of not taking responsibility, of not seeing your flaws and addressing them. You want to say “Girl, butch up, you are playing in the leagues, they get bruised in the leagues, they break each other’s bones, they like to hit you low and hear the crack, it’s like that for the boys and for the girls.”

And because the charge of sexism is all of the above, it is, ultimately, undermining of the position of women. Or rather it would be if its source were not someone broadly understood by friend and foe alike to be willing to say anything to gain advantage.