Pouring Water on a Drowning Man.

“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.

Fan-Tastic 2009.

These are actually a weekend late now, and my knowledge of the league now that I’ve left New York (and thus haven’t been watching Knicks games) is at an all-time ebb. Then again, broadcasting uninformed opinions is pretty what much the Internet was created for, so, without further ado and as per tradition, some quick NBA playoff picks…

[2000|2001|2002|2003|2004|2005|2006|2007|2008]

The East

Cleveland Cavaliers (1) v. Detroit Pistons (8): As per the last few years, I still don’t think King James’ supporting cast quite matches up to the moment. (I like Mo Williams, but he’s no Scottie Pippen, and “Big Z” — Zyldrunas Ilgauskas — is definitely no Dennis Rodman.) That being said, Lebron is pretty much playing to his amazing potential and then some, and it’s clear that — while he may still be Jordan circa ’89-90 at the moment — his dynasty is right around the corner. Conversely, the Pistons look old, tired, and broken. Particularly without Allan Iverson on hand, they would seem to be in the shoes of the mid-00’s Kings: a former title contender now obviously in eclipse. Cavaliers in Five.

Boston Celtics (2) v. Chicago Bulls (7): The Game 1 upset was a certifiable coming-out party for all-around player and Rookie of the Year PG Derrick Rose. (The facet of his game that most needs work: post-game interviewing.) But, let’s remember: The Bulls won Game 1 because Paul Pierce uncharacteristically missed a clutch free throw. With Kevin Garnett reportedly out for the playoffs, I think Boston is dead in the water this year — it’s just a matter of time (And, to be honest, that’s fine with me. They deserve some horrible mojo after swooping up Stephon Marbury as they did.) But they’re still a better team than Chicago and, remember, they had trouble with Atlanta early on last year too. Boston in Seven.

(By the way, was anyone else annoyed with the dubious and oft-repeated stat that Chicago hadn’t beaten Boston in a playoff game since 1948? Uh, well that may partly be because the Celtics were atrocious from the time Larry Bird’s back gave out until Michael Jordan retired. It’s not like the Bulls are the Bobcats, Wizards, or some other legitimately underdog franchise.)

Orlando Magic (3) v. Philadelphia 76ers (6): I’m fond of Superman (Dwight Howard), but, for all the hype surrounding Orlando mid-season, blowing an 18-point lead at home against the lowly Sixers is not something a real title contender would do. And, in the one (nationally-televised) Knicks game I have caught recently, the Magic looked terrible. But I’m not a particularly big fan of this Sixers crew either, so I’ll give ’em the benefit of the doubt and say Orlando in Seven.

Atlanta Hawks (4) v. Miami Heat (5): To be honest, I don’t know the first thing about this iteration of the Hawks: I hadn’t seen ’em play until yesterday, and the last news I heard about their franchise was when Josh Childress went to Europe. But they looked pretty dominant yesterday, and they’ve got a proven clutch performer, Mike Bibby, running the point. So, even though the refs love them some D-Wade, I’ll go with Atlanta in Six.

The West

Los Angeles Lakers (1) v. Utah Jazz (8): Always a tough call, for, as longtime readers well know, neither Kobe Bryant nor the Mormon church tend to be in my Fave 5. (And Carlos Boozer is his own case of bad mojo.) Still, the Lakers are deep, Kobe is an undeniable talent, and he’s got arguably the most underappreciated No. 2 in the league right now in Pau Gasol. I think, barring injury, this could very well be the Lakers’ year. In any case — sorry, Jerry Sloan — Deron Williams, Andre Kirilenko, & co. won’t stop ’em. Los Angeles in Four.

Denver Nuggets (2) v. New Orleans Hornets (7): This is one of those series where all my old intel isn’t of much use. Chris Paul and the Hornets looked deadly last post-season — exactly the type of team you didn’t want to run into early on. But I haven’t seen them play this year and don’t know if they’ve lost a step or if they’ve found a way to score when Chris Paul gets triple-teamed. Meanwhile, on paper Chauncey Billups running the Nuggets seems like a huge boon for them — he’s had experience managing hotheads (Kenyon Martin, meet Rasheed Wallace) and can successfully distribute shots among a bunch of players who all need the ball. But is he really enough to stop a George Karl team from choking early on? Given that they’re already one up, I’ll say Denver in Six.

San Antonio Spurs (3) v. Dallas Mavericks (6): With Ginobli out, the aging, injured Spurs got a spot of luck when they matched up against another fading West Coast giant, the Mavericks. I doubt the Spurs are good and/or healthy enough to get to the Conference Finals this year, but I don’t have much confidence in Dallas either. San Antonio in Seven.

Portland Trailblazers (4) v. Houston Rockets (5): I’ve gotten the impression from various sources that Portland is a much better team than they displayed in Game 1. And they’ve certainly got an impressive core of young talent in Roy, Aldridge, Oden, etc. (I kinda wish Channing Frye had continued to develop, but oh well.) Still, just by the law of averages, I think Yao et al are due to break out of the first round. (And there’s a certain irony that they’d finally get to do it after perennial loser T-Mac sorta checked out on them.) Houston in Seven.

[Hmm. With one exception, I picked the top seed every time again. Way to go out on a limb.]

The Rest

Cleveland Cavaliers (1) v. Atlanta Hawks (4): LeBron and the Cavs have pretty much been playing a higher-level of basketball than the rest of the East this year, particularly at home. And I think King James is too focused this year to screw things up in the second round. Cleveland in Five.

Boston Celtics (2) v. Orlando Magic (3): Like the Spurs-Mavs, I don’t have a lot of faith in either of these teams at the moment. But, while I had Boston winning this at first, I think I’m going to switch to the Magic. Perhaps the first round will work out the hiccups for Stan Van Gundy’s team, and — without Garnett on Boston — I’ll go with youth and energy over age and guile. Orlando in Seven.

Los Angeles Lakers (1) v. Houston Rockets (5): I’m going to be rooting quite hard for Yao Ming and the Rockets here. But, as with the Cavs in the East, the Lakers are just operating at a different level right now. Los Angeles in Six.

Denver Nuggets (2) v. San Antonio Spurs (3): Unless they psychologically implode, and there’s always a chance of it with this combustible squad, I have to think Denver has enough weapons to take care of injury-ridden San Antonio. Denver in Five.

EAST FINALS: Cleveland Cavaliers (1) v. Orlando Magic (3): Third verse, same as the second and first. The Cavs are playing better ball that most everyone in the East at the moment, and James will not be denied. Cleveland in Five.

WEST FINALS: Los Angeles Lakers (1) v. Denver Nuggets (2): With Phoenix, Dallas, and San Antonio on the way down, Denver now looks to be one of the premier contenders in the West. But, unless Carmelo has the type of break-out, monster playoff performance that many think he’s capable of but that we’ve yet to see, I don’t see this being all that close. Los Angeles in Five.

FINALS: Los Angeles Lakers (1) v. Cleveland Cavaliers (1): If you read what’s come before, you may have noticed that I deemed this the Lakers year a few paragraphs ago. And that’s probably true — they’re hungry, they’re experienced, and I don’t see how Cleveland’s going to manage once Phil Jackson uncorks his own version of the Jordan rules on LeBron. But, I’ve gotten pretty far in life rooting against the Lake Show…so, no reason to stop now. Cleveland in Seven.

So, there you have it — Cleveland rocks. And, if they’re this good now, just wait until James get some legitimate help…I just hope it all happens on the Knickerbockers’ watch.

Inside our Room 101.

“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.

No Better Investment.

“In a remarkable illustration of the power of lobbying in Washington, a study released last week found that a single tax break in 2004 earned companies $220 for every dollar they spent on the issue — a 22,000 percent rate of return on their investment.” A new study by three University of Kansas profs tries to quantify exactly the amount of lucre generated by the lobbyists and influence-peddlers aswarm in Washington for their employers. And the answer? A whole lot. “The paper…examined the impact of a one-time tax break approved by Congress in 2004 that allowed multinational corporations to ‘repatriate’ profits earned overseas, effectively reducing their tax rate on the money from 35 percent to 5.25 percent. More than 800 companies took advantage of the legislation, saving an estimated $100 billion in the process.” [Hattip: Tim C. and Marginal Revolution.]

One Giant Leap for Truthiness?

“‘I certainly hope NASA does the right thing,’ Colbert said in a news release from the space agency. ‘Just kidding, I hope they name it after me.’” The inimitable Stephen Colbert awaits word from NASA today on whether the new ISS wing will be christened after him, or whether (as probably more likely) NASA will tip their hat to the runner-up browncoats and dub the new Node 3 “Serenity.” “Colbert demanded NASA allow ‘democracy in orbit’ on his show two weeks ago. ‘Either name that node after me or I, too, will reject democracy and seize power as space’s evil tyrant overlord.’” Don’t say we weren’t warned.

Update: That’s no moon, that’s a…treadmill. (The “Combined Operational Load Bearing External Resistance Treadmill,” to be exact.) As for Node 3, it’s called Tranquility.

Grasp of Thanos.

Speaking of NASA, somebody page Jim Starlin (and file this next to the Great Eye): Another holdover from last week, The agency’s Chandra X-Ray Laboratory captures an eerie and beautiful galactic “hand” reaching across the cosmos. “[T]he display is caused by a young and powerful pulsar, known by the rather prosaic name of PSR B1509-58…The space agency says B1509 — created by a collapsed star — is one of the most powerful electromagnetic generators in the Galaxy. The nebula is formed by a torrent of electrons and ions emitted by the 1,700-year-old phenomenon. The finger-like structures are apparently caused by ‘energizing knots of material in a neighboring gas cloud,’ NASA says.”

Show us the Body.

“Even for the hardest-core Obama loyalists, it’s rather difficult to attribute these increasingly harsh condemnations of Obama’s civil liberties, secrecy and executive power abuses to bad motives or ignorance when they’re coming from the likes of Russ Feingold, Talking Points Memo, the Center for American Progress, Nancy Pelosi, EFF, the ACLU, The New York Times Editorial Board, Keith Olbermann, Jonathan Turley, The American Prospect, Bruce Fein, Digby, along with some of the most enthusiastic Obama supporters and a bevvy of liberal law professors and international law experts — those who were most venerated by progressives during the Bush era on questions of the Constitution and executive power.“

Salon‘s Glenn Greenwald surveys the growing progressive consensus that something is rotten at Holder’s DOJ with regard to state secrets and the continuation of Bush-era policies antithetical to, if not downright contemptuous of, civil liberties. (In case you missed it here or here, I’m not happy either.) “That the Obama DOJ has repeatedly embraced the very legal theories responsible for much of the intense progressive rage towards the Bush/Cheney regime is now beyond dispute. The question of motive — of why Obama is doing this — is far less clear.“

Now, obviously, the president has a lot on his plate these days, and a finite amount of political capital with which to achieve an enormous number of objectives. Still, it’s well past time that the administration explain what’s going on on the civil liberties front from start to finish, akin to Obama’s economic overview speech at Georgetown this morning. These are not piddling matters.

Fighting “Fighting the Last War.”

“After Gates was confirmed as George W. Bush’s defense secretary in December 2006, he gave several speeches outlining major reforms that his successor should undertake–in weapons procurement, promotion policy, and the whole careerist culture inside the Pentagon. (With only two years in office, combined with a plateful of crises in Iraq and elsewhere, he knew he wouldn’t have time to take those steps himself.) When he stayed on at Barack Obama’s request, and thus became his own successor, many wondered whether he would turn his words into action. With this budget, he has begun to do just that.“

A holdover from the bookmarks of last week: Slate‘s Fred Kaplan offers a concise overview of the proposed Obama-Gates military spending reforms. (These are not spending cuts, by the way, despite what you may have heard — just some much-needed and long-overdue reprioritizing over at the Pentagon. I also like the idea of phasing out defense contractors in favor of presumably much more cost-conscious civil servants.) “This budget will not go down easily in the Pentagon or in Congress. The F-22, the DDG-1000, and the Future Combat Systems are the favored systems by much of the Air Force, Navy, and Army brass, respectively…The F-22 in particular is also a favorite of many legislators — the result of politically shrewd subcontracting that spread out production of the plane to key districts in 46 states.”

So Tweet and So Cold.

@JohnnyCash: Hello from Reno. Shot man…just to watch him die, actually. Weird, I know.
@ACamus: Beach lovely this time of year. Also, killed Arab. Oops.

Or something like that. Apparently, a new study suggests that — uh, oh — using Twitter may stunt one’s moral development. “A study suggests rapid-fire news updates and instant social interaction are too fast for the ‘moral compass’ of the brain to process. The danger is that heavy Twitters and Facebook users could become ‘indifferent to human suffering’ because they never get time to reflect and fully experience emotions about other people’s feelings.“

Hmm. I can’t say I’ve found Twitter to be particularly useful yet — to be honest, it all seems rather gimmicky to me, I worry about its Idiocracy-like implications. (Why 140 characters? Why not 10?), and, frankly, I often find that neither my life nor anyone else’s (nor, for that matter, that of anyone’s else’s adorable little children) is all that fascinating from moment to moment. (“Got up. Tired. It’s raining. Maybe I’ll eat some Grape Nuts.“) But I don’t think I can pin any personal reservoir of misanthropy on it either. (For that, I blame FOX News.)

Ulduar Ascendant.

If you’re in any way WoW-inclined, I’m sure you’re already aware of this. Nevertheless, Warcraft patch 3.1 drops today, meaning (at long last) a new 14-boss raid, dual specs, more achievements, and sundry other post-WotLK content is now live. [Patch notes.] This won’t mean a thing to the uninitiated, of course. But, for the 11 million or so folks out there who are of the WoW persuasion, I think I speak for us all when I say: If I never set foot in Naxxramas again, it’ll be soon enough.