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So…are political firings and lying to Congress still against the law these days, or is the plan to treat these particular criminal offenses like we do torture? In the meantime, I’d expect Rove is on the phone right this very moment, imploring his good friends at FreedomWorks and the like to dial up the crazies for the next few news cycles.
Update: More comes to light on Harriet Miers’ involvement as well.
“Let me go back to a comfortable analogy for me – sports… basketball. I use it because you’re naive if you don’t see the national full-court press picking away right now: A good point guard drives through a full court press, protecting the ball, keeping her eye on the basket…and she knows exactly when to pass the ball so that the team can WIN. And I’m doing that – keeping our eye on the ball that represents sound priorities – smaller government, energy independence, national security, freedom! And I know when it’s time to pass the ball – for victory.“
Sarah says that she wants to know, why she’s given half her life to people she hates now… Or, in other words, members of the press, you won’t have a certain maverick to kick around anymore…or will you? With a rambling farewell speech that probably won’t be remembered as a model of the form, former veep nominee Sarah Palin resigns the governorship of Alaska. Whether this is due to 2012 calculation or impending scandal is yet to be determined, although the hurriedness of the preparations would seem to suggest the latter.
“That’s happened with increasing frequency at the FEC lately. Election-law experts, supporters of campaign-finance regulations, and even some members of the commission itself are expressing growing concern about a string of cases in which the three Republicans on the commission — led by Tom DeLay’s former ethics lawyer — have voted as a block against enforcement, preventing the commission from carrying out its basic regulatory function.” Pete Martin and Zachary Roth of TPM Muckraker delve into how Republicans antithetical to campaign finance reform have effectively sabotaged the FEC. “The FEC, he said, has been made ‘ineffective’ — and not by accident. ‘This is what McConnell had in mind.’“
“Of course, the one person who could do the most to get the commission back on track is President Obama…Most experts believe that the White House supports stronger campaign-finance laws as a goal, but, with a host of other issues on its plate, is reluctant to pick a fight with the GOP Senate leader. ‘They’re picking their priorities, and they don’t want to take on Mitch McConnell right now,’ said Hasen. ‘I consider that unfortunate.‘” Anyone else sensing a pattern?
“Some of the 13 manipulated the federal bureaucracy and the legal process to ‘preauthorize’ torture in the days after 9/11. Others helped implement torture, and still others helped write the memos that provided the Bush administration with a legal fig leaf after torture had already begun…Between 9/11 and the end of 2002, the Torture 13 decided to torture, then reverse-engineered the techniques, and then crafted the legal cover. Here’s who they are and what they did.“
Triskaidecaphobics, beware: From the bookmarks and in her debut for Salon, blogger Marcy Wheeler lists the thirteen officials most responsible for the Dubya-era torture regime. A baker’s dozen of orange jumpsuits, please.
Well, I’ve been traveling over the past few days, and thus haven’t been following the news as closely as usual. Still, even given President Obama’s health care announcement on Monday (highly reminiscent of the NRA in that it purports to let the big players in the health care industry help write the codes, so to speak) and the welcome declaration on Wednesday that the administration would soon seek a new regulatory apparatus for derivatives markets, Franklin Roosevelt was not the first president that came to mind as a point of reference for Obama this week.
No, that would be Gerald Ford, who, most historians agree, was an honorable man thrust into a thorny dilemma by the crimes of his predecessor, and who grievously hamstrung his own brief administration by deciding to pardon Richard Nixon. And now, it seems, history gets dangerously close to repeating itself. For, it’s moved beyond obvious that the Dubya administration not only willfully engaged in torture — clearly, bad enough — but did so to compel false confessions of an Iraq-9/11 connection that they knew never existed. And yet, we’ve already witnessed the ungainly sight of President Obama equivocating on the question of prosecutions in the name of some dubious “time for reflection, not retribution.” (Never mind that, as President Obama reminds us on other matters, wounds, like corruption, fester in the dark.)
This week, President Obama has compounded his recent error — twice. In the first of two eleventh-hour reversals, Obama — who has promised us “an unprecedented level of openness in government” many times over — instead chose to side with the publicists of the Pentagon and block the court-ordered release of new photographs detailing detainee abuse: “‘The publication of these photos would not add any additional benefit to our understanding of what was carried out in the past by a small number of individuals,’ Obama said yesterday. ‘In fact, the most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in danger.‘” (How bad are they? If Sy Hersh is correct, and there’s no reason to think he isn’t, they could be very, very bad.)
Then, today, the Obama administration announced they will continue using extra-legal military tribunals, not federal courts or military courts martial, for Gitmo suspects. “‘Military commissions have a long tradition in the United States,’ said Obama in a statement. ‘They are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered.’” (The key line of the WP story: “In recent weeks, however, the administration appears to have bowed to fears articulated by the Pentagon that bringing some detainees before regular courts presented enormous legal hurdles and could risk acquittals.)”
Obama’s statements aside, the arguments — re: excuses — in favor of blocking the release of these no-doubt-horrifying photos and maintaining extralegal tribunals — now with 33% less illegality! — are the thin gruel you might expect. The WP’s Dan Froomkin already eviscerated the former quite devastatingly, while Salon‘s Glenn Greenwald, laudable as usual, has taken point on the idiocy of the latter: “[W]e’ll give due process as long as we’re sure we can win, and if we can’t, we’ll give you something less.” In both cases, the principle animating the advice given to President Obama seems mainly to be the usual self-serving, CYA behavior of Dubya holdovers at the Pentagon.
But that doesn’t absolve President Obama of his failures here. For whatever reason — perhaps he’s trying to smooth things over in these areas so he can focus on the considerable domestic problems on his plate — Obama is increasingly making the exact same mistake as Gerald Ford. As other commentators have pointed out, by shoving the rampant illegalities of the GWoT under the rug — or worse, perpetuating them — Obama is dangerously close to making his administration retroactively complicit in the crimes of the previous administration.
Now, I’d like to move on to fixing the economy and universal health care — not to mention voting, lobbying, and campaign finance reform — as much as the next guy., But sidestepping the tough choices on torture and the imperial presidency, as Paul Krugman (whom I’ve had issues with but am in complete lockstep with here) noted a few weeks ago, is simply not an option, if we are to maintain anything resembling our national soul after this egregious wallowing in torture and illegality.
Speaking of which, a quick comment on the emerging question of what and when Speaker Pelosi knew about torture (which the Republicans have shamelessly latched onto like a life raft — see in particular Karl Rove frantically pointing at her to save his own skin the other day. You can almost smell the desperate flop sweat exuding from his every pore.) Well, let’s look into it. Commissions, investigations, prosecutions — let’s quit screwing around and start getting to the bottom of this fiasco. I can’t believe I have to keep writing this like it’s even a bone of contention, but look: If we can’t get it together enough to collectively agree that torture is both immoral and illegal, and that those who designed and orchestrated these war crimes during the Dubya administration be subject to investigation, prosecution, and punishment, then we might as well call this whole “rule of law” thing off. As ethicist David Luban noted yesterday in congressional testimony, the relevant case law here is not oblique. Either the laws apply to those at the very top, or they don’t — in which case, it’s hard to see why anyone else should feel bound to respect them either.
Which brings me back to pragmatism. Hey, in general, I’m all for it, particularly when you consider all the many imbecilities thrust upon the world by the blind ideological purity of the neocons of late. But, let’s remember, the limits of pragmatism as a guiding national philosophy were exposed before all the world before Obama, or even FDR, ever took office. When, after several years of trying to stay well out of the whole mess, Woodrow Wilson entered America into World War I in 1917, the very fathers of Pragmatism, most notably philosopher of education John Dewey, convinced themselves war was now the correct call and exhorted their fellow progressives, usually in the pages of The New Republic, to get behind it. (Many did, but others — such as Jane Addams and Nation editor Oswald Villard — did not.) War went from being a moral abomination to a great and necessary opportunity for national renewal. Given it was a done deal, the pragmatic thing to do now was to go with the flow.
Aghast at this 180-degree shift in the thinking of people he greatly admired, a young writer named Randolph Bourne called shenanigans on this “pragmatic” turnaround, and excoriated his former mentors for their lapse into war fervor. “It must never be forgotten that in every community it was the least liberal and least democratic elements among whom the preparedness and later the war sentiment was found,” Bourne wrote. “The intellectuals, in other words, have identified themselves with the least democratic forces in American life. They have assumed the leadership for war of those very classes whom the American democracy had been immemorially fighting. Only in a world where irony was dead could an intellectual class enter war at the head of such illiberal cohorts in the avowed cause of world-liberalism and world-democracy.“
Now, you’d be hard-pressed to find a bigger cheerleader for the progressives than I. But the fact remains that Bourne, who perished soon thereafter in the 1918 influenza epidemic, was prescient in a way that many of the leading progressive thinkers were not. The emotions unleashed by the Great War and its aftermath (as well as the sight of the accompanying Russian Revolution) soon fractured completely the progressive movement in America, and proved exceedingly fertile soil for the reascendancy of the most reactionary elements around. (Back then “Bolshevik” and “anarchist” were preferred as the favorite epithets of the “One Hundred Percent American” right-wing, although “socialist,” then as now, was also in vogue. At least then they had real socialists around, tho’.) And the pragmatic writers and thinkers of TNR, who thought they could ride the mad tiger through a “war to end all wars,” instead found their hopes and dreams chewed up and mangled beyond recognition. They wanted a “world made safe for democracy” and they ended up with the Red Scare, Warren Harding, and an interstitial peace at Versailles that lasted less than a generation.
The point being: however laudable a virtue in most circumstances, pragmatism for pragmatism’s sake can lead one into serious trouble. And, as a guiding light of national moral principle, it occasionally reeks. As Dewey and his TNR compatriots discovered to their everlasting chagrin, you can talk yourself into pretty much anything and deem it “pragmatic,” when it’s in fact just the path of least resistance. And, when your guiding philosophy of leadership is to always view intense opposing sides as Scylla and Charybdis, and then to steer through them by finding the calm, healthy middle, you can bet dollars-to-donuts that the conservative freaks of the industry will always be pushing that “center” as far right as possible, regardless of the issues involved. And, eventually, without a guiding moral imperative at work — like, I dunno, torture is illegal, immoral, and criminal, or the rule of law applies to everyone — you may discover that that middle channel is no longer in the middle at all, but has diverted strongly to the right. In which case, welcome to Gerald Ford territory.
Nobody wants that, of course. We — on the left, at least — all want to remember the Obama administration not as a well-meaning dupe notable mainly for its unfortunate rubberstamping of Dubya-era atrocities, but as a transformational presidency akin to those of Lincoln and the two Roosevelts. To accomplish this goal, it would behoove the White House to remember that Lincoln, pragmatic that he was, came to abolition gradually, but come to abolition he did. Or consider that Franklin Roosevelt, pragmatic that he was, eventually chose his side as well. “I should like to have it said of my first Administration that in it the forces of selfishness and of lust for power met their match,” FDR said in his renomination speech of 1936. “I should like to have it said of my second Administration that in it these forces met their master.”
I should like to have it said of President Obama’s administration as well. The alternative — Obama’s sad, “pragmatic” capitulation to Dubya-era criminals — is too depressing to contemplate. But the picture below (found here) gives you a pretty good sense of what it’ll mean for America if we don’t get to the bottom of this, and soon.
|
‘How many fingers, Winston?’
‘Four. I suppose there are four. I would see five if I could. I am trying to see five.’ ‘Which do you wish: to persuade me that you see five, or really to see them?’ ‘Really to see them.’ ‘Again,’ said O’Brien. Perhaps the needle was eighty — ninety. Winston could not intermittently remember why the pain was happening. Behind his screwed-up eyelids a forest of fingers seemed to be moving in a sort of dance, weaving in and out, disappearing behind one another and reappearing again. He was trying to count them, he could not remember why. He knew only that it was impossible to count them, and that this was somehow due to the mysterious identity between five and four. The pain died down again. When he opened his eyes it was to find that he was still seeing the same thing. Innumerable fingers, like moving trees, were still streaming past in either direction, crossing and recrossing. He shut his eyes again. ‘How many fingers am I holding up, Winston?’ ‘I don’t know. I don’t know. You will kill me if you do that again. Four, five, six — in all honesty I don’t know.’ ‘Better,’ said O’Brien. |
Hard to believe, but, this morning, the recent grisly revelations of Dubya-era torture practices became even more horrifying. As we’ve gleaned more info over the past few days, certain obvious and troubling questions kept popping up. Why, as indicated here, would higher-ups insist on additional waterboarding sessions for Zubadayah, even after the CIA agents at hand thought the suspect “had given up all the information he had“? Also: Mind you, even one session of torture is reprehensible — and illegal — enough. But what more did the powers-that-be think they were going to get out of these suspects after ten waterboardings? Twenty? One hundred?
Well, now we know. Not only did Dubya apparachiks conceive a torture regime well before it was approved (and before they had any prisoners on hand — see also the new and unredacted Armed Services Committee report), but they tortured their suspects into the ground because they were trying to prove a false positive, i.e. that there was some serious operational link between Iraq and Al Qaeda that could be used to sell the second Gulf War. (See also the forged Habbush letter.)
“‘There were two reasons why these interrogations were so persistent, and why extreme methods were used,’ the former senior intelligence official said on condition of anonymity because of the issue’s sensitivity. ‘The main one is that everyone was worried about some kind of follow-up attack (after 9/11). But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al Qaida and Iraq that (former Iraqi exile leader Ahmed) Chalabi and others had told them were there.‘”
So, in short, it would seem the suspects held by the CIA were tortured over and over again because they would not concede that two plus two equals five.
Really, how much lower can these assholes sink? What could they possibly do that would cause more violence to our ideals, or that would make our cherished role as a beacon of freedom seem any more ridiculous in the eyes of the world, than what they’ve already done?
Once again, I’m reminded of Lincoln’s famous remark to the Indiana 14th: “‘Whenever I hear anyone arguing for slavery, I feel a strong impulse to see it tried on him personally.‘” At the very least, somebody, or somebodies, better go to jail for a loooong time for this. Anything less is simply unacceptable.
“‘It’s the deepest kind of corruption,’ said a recently retired longtime national security official who was closely involved in the AIPAC investigation, ‘which was years in the making. It’s a story about the corruption of government — not legal corruption necessarily, but ethical corruption.” In a fascinating (and depressing) must-read, Congressional Quarterly‘s Jeff Stein lays bare a byzantine corruption scandal involving AIPAC, the Dubya WH, and Jane Harman, former Democratic chair of the House Intelligence Committee and, some grumbling aside, basically a “team player” for Dubya during the illegal and warrantless wiretaps episode. (Irony of ironies, it appears Harman’s misdeeds were caught on — a court-approved — wiretap.)
Talking Points Memo offers a handy timeline of the case here. Basically, on one level it’s your basic political quid-pro-quo. Harman told an unnamed suspected Israeli agent that she would “waddle into” a federal espionage case then extant against two members of AIPAC and gum up the works somehow. In return, “the suspected Israeli agent pledged to help lobby Nancy Pelosi…to appoint Harman chair of the Intelligence Committee after the 2006 elections.” (It didn’t take: Pelosi instead chose Silvestre Reyes.) “Seemingly wary of what she had just agreed to, according to an official who read the NSA transcript, Harman hung up after saying, ‘This conversation doesn’t exist.’“
Sordid enough. But what’s a mid-oughts scandal without the Dubya angle? After she had been caught on said wiretap, a federal investigation into Harman was approved…for awhile. But it seems Attorney General Alberto Gonzales now knew he had Harman in his pocket, and took advantage accordingly. “According to two officials privy to the events, Gonzales said he ‘needed Jane’ to help support the administration’s warrantless wiretapping program, which was about to be exposed by the New York Times. Harman, he told [CIA Director Porter] Goss, had helped persuade the newspaper to hold the wiretap story before, on the eve of the 2004 elections. And although it was too late to stop the Times from publishing now, she could be counted on again to help defend the program. He was right. On Dec. 21, 2005, in the midst of a firestorm of criticism about the wiretaps, Harman issued a statement defending the operation and slamming the Times, saying, ‘I believe it essential to U.S. national security, and that its disclosure has damaged critical intelligence capabilities.’“
Not that I need to remind anyone here, but Dubya’s use of illegal and warrantless wiretaps would, in more cases, be recognized as an impeachable offense. As it was, the Senate GOP (then in the catbird seat) held firm against hearings, and many of our congressional Dems — Feingold, Leahy, and a few other lonely souls notwithstanding — folded like a house of cards. Now, at least in the case of Harman, we know why.
Update: The NYT weighs in with their side, and it’s TLDR’ed by TPM. And Salon‘s Glenn Greenwald has a good bit of snarky fun with Harman’s recent “road to Damascus” moment regarding wiretaps.
“The Times article, based on information from former intelligence officers who spoke on condition of anonymity, said Abu Zubaydah had revealed a great deal of information before harsh methods were used and after his captors stripped him of clothes, kept him in a cold cell and kept him awake at night. The article said interrogators at the secret prison in Thailand believed he had given up all the information he had, but officials at headquarters ordered them to use waterboarding.” Perusing last week’s sordid torture memos, eagle-eyed blogger Marcy Wheeler discovered an unsettling statistic: two suspects — Abu Zubaydah and Khalid Shaikh Mohammed — were waterboarded by the CIA 266 times. Zubaydah “revealed no new information after being waterboarded, the article said, a conclusion that appears to be supported by a footnote to a 2005 Justice Department memo saying the use of the harshest methods appeared to have been ‘unnecessary’ in his case.“
Meanwhile, as right-wing stooges like former CIA director Michael Hayden and Mike Allen’s anonymous friend excoriate the president for breaking tradition and revealing the illegalities of the Dubya era, Chief of Staff Rahm Emanuel ventured onto the Sunday shows to tamp down talk of any prosecutions, even for the higher-ups. “[P]eople in good faith were operating with the guidance they were provided. They shouldn’t be prosecuted…those who devised policy, he [Obama] believes that they were — should not be prosecuted either, and that’s not the place that we go — as he said in that letter.“
Wrong answer, Rahm. And, unless President Obama were to grant full pardons to the architects of Dubya-era torture, it’s not even his call whether or not they should be prosecuted. In fact, choosing not to prosecute them would constitute a violation of international law.
Update: The White House doesn’t necessarily agree with Rahm. “[A]dministration officials said Monday that Mr. Emanuel had meant the officials who ordered the policies carried out, not the lawyers who provided the legal rationale. Three Bush administration lawyers who signed memos, John C. Yoo, Jay S. Bybee and Steven G. Bradbury, are the subjects of a coming report by the Justice Department’s ethics office that officials say is sharply critical of their work. The ethics office has the power to recommend disbarment or other professional penalties or, less likely, to refer cases for criminal prosecution.“
Update 2: “With respect to those who formulated those legal decisions, I would say that that is going to be more of a decision for the attorney general within the parameters of various laws, and I don’t want to prejudge that.” President Obama opens the door further for prosecution.
| “You asked me once,” said O’Brien, “what was in Room 101. I told you that you knew the answer already. Everyone knows it. The thing that is in Room 101 is the worst thing in the world.”
The door opened again. A guard came in, carrying something made of wire, a box or basket of some kind. He set it down on the further table. Because of the position in which O’Brien was standing, Winston could not see what the thing was. “The worst thing in the world,” said O’Brien, “varies from individual to individual. It may be burial alive, or death by fire, or by drowning, or by implement, or fifty other deaths. There are cases where it is some quite trivial thing, not even fatal…In your case,” said O’Brien, “the worst thing in the world happens to be rats.” |
And, sometimes, here in our own Room 101, it’s insects. As breaking everywhere this afternoon, the President authorizes the release of four long-awaited CIA memos that detail the rationalizing and application of Bush-era torture policies. [No. 1 | No. 2, No. 3a/3b | 4a/4b.] And, as Salon‘s Glenn Greenwald notes, they seem to suggest that even the parties-that-be knew what they were doing constituted torture. (“Each year, in the State Department’s Country Reports on Human Rights Practices, the United States condemns coercive interrogation techniques and other practices employed by other countries. Certain of the techniques the United States has condemned appear to bear resemblance to some of the CIA interrogation techniques…The State Department’s inclusion of nudity, water dousing, sleep deprivation, and food deprivation among the conduct it condemns is significant and provides some indication of an executive foreign relations tradition condemning the use of these techniques.“) But, they approved these already-condemned practices as legal anyway, with the caveat that they “cannot predict with confidence whether a court would agree with this conclusion.” Yeah, you think?
Well, let’s hope the courts get a chance to decide either way. While releasing these documents today, Pres. Obama and Attorney General Holder also made clear that the CIA interrogators involved will not be prosecuted for these acts. “‘It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department,’ he said in a statement.” Um, I’m of the opinion that it would be unfair to get strung up in a, cough, “stress position” by a bunch of Cheney-authorized CIA yahoos and then see no legal recourse for it. (And, hey, “just following orders” — what a novel legal defense. Who were the ad wizards that came up with that one?)
On the other hand, as the WP points out: “Today’s carefully worded statement left open the possibility, however, that agents and higher-level officials who may have ventured beyond the strategies approved by Bush lawyers could face legal jeopardy for their actions.” That still closes too many legal doors, imho. The strategies approved by Bush lawyers are horrible — and illegal — enough. But, at least we can still hold out the minute possibility that the real, top-level architects of Dubya-era torture policy will face some sort of prosecution for their crimes, above and beyond their inevitable condemnation in the history books. (President Obama may argue that “[t]his is a time for reflection, not retribution,” but, the law is the law. And, as he should know, pardoning Nixon didn’t do Gerald Ford any favors.)
Either way, let’s be clear: These memos prove beyond a shadow of a doubt — as if there were any doubt left — that it was the stated and directed policy of the Dubya-era CIA to engage in acts they knew to be torture. That is unacceptable, completely antithetical to our ideals, and exceedingly worthy of a criminal investigation. If, in the name of national unity or CIA morale or whatever, the president wants to give a pass to the flunkies who actually held the victims down as they flailed, choked, or writhed in agony…well, that just means somebody else higher-up has to pay. Fine. But, if the rule of law means anything anymore, and I believe it does, the people responsible must be held to account.
“Mr. Holder said in a statement that ‘I have concluded that certain information should have been provided to the defense for use at trial.'” Hmmm. Why does Clay Davis come to mind? After discovering that agents at Justice and the FBI tried to frame a guilty man, as it were, Attorney General Eric Holder drops the prosecution of 85-year-old former Senator Ted Stevens. “The collapse of the Stevens case was a profound embarrassment for the Justice Department, and it raised troubling issues about the integrity of the actions of prosecutors who wield enormous power over people they investigate.” Uh, ok…but why aren’t we seeing this judicious, otherwise laudable commitment to fair play when it comes to state secrets and victims of extraordinary rendition?
At any rate, as official Washington rushes to embrace Stevens once more, let’s keep the big picture in mind: “[E]ven leaving criminal wrongdoing aside, no one disputes that Stevens accepted hundreds of thousands of dollars worth of home renovations and gifts (remember that massage chair?) from a supporter who had a slew of business interests that Stevens was in a position to affect as a powerful federal lawmaker and appropriator. That’s what we call ‘corrupt’. As Melanie Sloan of Citizens for Responsibility and Ethics in Washington put it, according to The Hill’s paraphrase: ‘Holder’s decision in no way should be viewed as a vindication of Stevens but rather as an indictment of the Justice Department’s inability to do one of its most important jobs.‘” True, that.