Tortured Reasoning…Again.

“Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same.” Meet the new boss, same as the old boss? The Obama administration and Holder Justice Dept. uphold Dubya’s dubious use of a “state secrets” privilege to put the kibosh on a lawsuit put forward by five men “extraordinarily rendered” by the CIA.

See also a livid Glenn Greenwald for the details: “The entire claim of ‘state secrets’ in this case is based on two sworn Declarations from CIA Director Michael Hayden — one public and one filed secretly with the court. In them, Hayden argues that courts cannot adjudicate this case because to do so would be to disclose and thus degrade key CIA programs of rendition and interrogation — the very policies which Obama, in his first week in office, ordered shall no longer exist. How, then, could continuation of this case possibly jeopardize national security when the rendition and interrogation practices which gave rise to these lawsuits are the very ones that the U.S. Government, under the new administration, claims to have banned?“

Update: Sensing the likely blowback, one presumes, the Justice Dept. announces it’ll be reviewing Dubya’s “state secrets” claims in due course. “It’s vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know.” So apparently, the ugly details of our now-defunct(?) extraordinary rendition policy aren’t among the actions we should have any clue about. Ugh…this one definitely goes in the Carcetti file.

Good Riddance, Gitmo.

“It is precisely our ideals which give us the strength and moral high ground to deal with the unthinking violence that we see emanating from terrorism organizations around the world…We are going to win this fight, we are going to win it on our terms.” As hinted soon after the election, it’s finally on its way out: One day after putting a hold on all Gitmo tribunals, the president orders the closing of the national embarrassment at Guantanamo within the year.

“[T]he orders [also] bring to an end a Central Intelligence Agency program that kept terrorism suspects in secret custody for months or years, a practice that has brought fierce criticism from foreign governments and human rights activists. They will also prohibit the C.I.A. from using coercive interrogation methods, requiring the agency to follow the same rules used by the military in interrogating terrorism suspects, government officials said.“

And there was much rejoicing! We can all breathe a little easier and stand a little taller now that America is actually starting to act like America again. (And, trust me, I won’t shed any tears over dropping the gulag and torture news category here at GitM.)

Btw, the “new sheriff in town” pic above is via The Big Picture’s very worthwhile inaugural collection, as seen at Webgoddess.

Gaza: No Easy Answers.

Speaking of those ostensibly terror-despising free peoples, I haven’t written here on the depressing situation in Gaza, but friend and colleague Liam of sententiae et clamores concisely and elegantly summed up my basic sentiment toward recent events the other day: “it seems that almost all the discussion and reporting on the issue is one-sided and simplistic. Let me state my position: I am pro-Israeli and pro-Palestinian, anti-Hamas and against current Israeli policy. I oppose what the Israeli government is doing now in the same way I opposed my own government’s war against Iraq: not only is it immoral, heartless, and cynical, but actually increases the long-term security problems for Israel, much like our invasion of Iraq has weakened our own security situation.“

Given what little I know about what’s going on, that’s basically my view of it as well. On the one hand, Israel is responding to an untenable security situation — Hamas rockets being fired into neighborhoods and cities — that we wouldn’t tolerate for a second. (In fact, we invaded Iraq on a much flimsier security pretext.) Still, it’s hard to shake the feeling that Israel is trying to run the table right here right now, in the twilight moments of the Dubya presidency, because they know they have carte blanche from 43 to do what they will. And I suspect this particular neocon-run advance, like all the rest of ’em in recent years, is doomed to failure — if anything, I’d wager, it’s just swelling the ranks (and the coffers) of Hamas.

Regardless, the Obama administration and Secretary of State Clinton are going to have their work cut out for them. I’m not one who believes particularly that conflicts with roots in millennia-long religious strife can get “solved” in one or two US presidential terms. But let’s at least hope, under their watch, we can start to achieve the type of broader range of discussion about the Israeli-Palestinian conflict that you can find in…say, Israel. It’s both embarrassing and extremely counterproductive for our nation to be seen — and to continually be used — as a knee-jerk diplomatic dupe that will always blindly support policies initiated by the most conservative factions in Israeli politics.

Kabul by the Horns.

“The good news is that, seven years after the Sept. 11 attacks and nearly three years after the resumption of full-scale war with the Taliban, we are finally beginning to formulate a strategy — and we have officers in place who think strategically. As history shows, however, smart generals and shrewd strategists don’t necessarily yield victory — especially in Afghanistan.”

As the incoming administration correctly looks to reprioritize Afghanistan, Fred Kaplan summarizes the current situation in our “other” war, and the potential pitfalls ahead. “[T]here is a paradox: More U.S. troops are needed to provide security to the Afghan people; but these troops may, at the same time, fuel the insurgency — which will require more troops, and on the cycle goes.”

Escape from New York.

“On an island under military occupation at the edge of an empire, the armed forces of a global superpower detain hundreds and sometimes even thousands of allegedly unlawful combatants. The powerful nation consigns the detainees to a legal limbo, subjecting them to treatment that critics around the world decry as inhumane, unenlightened, and ultimately self-defeating. That may sound like a history of Guantanamo. Yet the year was 1776, the superpower was Great Britain, and the setting was New York City. The ‘unlawful’ combatants were American revolutionaries.”

in a mixed review of Edwin Burrows’ Forgotten Patriots, friend and Columbia prof John Witt notes “eerie” parallels between Guantanamo Bay and revolutionary-era Manhattan, and offers choice advice for President-elect Obama. “To succeed, he will have to reunite the twin American traditions of interest and idealism. They are traditions his predecessor tore apart, but they are the true legacy of the Revolution.“

The Restoration?

“‘You could have had an administration with a sprinkling of Clinton people, it would have been fine,’ said Robert Kuttner, co-editor of the American Prospect…’But when so many of the top people are holdovers, and he’s promoting change, you have to say, wait a minute.’” As the official Cabinet appointments file in, some left-minded folk cast a wary eye upon the Clintonian tinge of the Obama cabinet. (If you haven’t been keeping up, among those announced by the transition of late are Eric Holder at Justice, Tim Geithner at Treasury, and Larry Summers(!) as in-house economic guru, and word has leaked of Bill Richardson for Commerce and You-Know-Who for State.)

To be honest, with a few exceptions — After his egregious stint at Harvard and his hand in forging the economic mess we’re in now, I’m not altogether sure Larry Summers deserved to “fail up” — I’m not only fine with so many experienced Clinton-era officials in the Obama cabinet, I expected it. This was the great fallacy of the McCain campaign — For all his talk of maverick independence, there was never any substantial trough of non-Dubya Republicans out there from which McCain could’ve picked a government. A few cosmetic changes in the Cabinet aside, a McCain Washington would by necessity have been run by the same jokers who brought us the last eight years. And, for better or worse, we Dems also don’t have a different farm team of any kind. As Robert Borosage well puts it in the article above, “It hasn’t surprised me that he’s chosen stars from the Clinton bench, because that’s the bench we have.“

All that being said, I’d be lying if I didn’t note that the probable choice of Sen. Clinton for Secretary of State gives me pause. Part of my qualm, I suppose, is just a temperamental defect in my grudge-carrying Irish character — I’d be the first to admit that I lean towards “the Chicago way” in these sorts of things. (If it were up to me, Joe Lieberman would be working the Senate cloakroom after his behavior this election cycle, and, imho, Sen Clinton still has quite a bit to answer for as well.) But even allowing for my own petty vindictiveness, I’m not feeling the pick. Notwithstanding her dubious qualifications for State — don’t we have any career diplomats who would fit the bill? — Sen. Clinton’s record in foreign policy matters thus far is not what you’d call stellar. (See also: the Iraq vote, the Iran vote.) And, to put it delicately, if we learned anything from the Clinton campaign this past cycle, it’s that management skills may not be her forte — Wouldn’t we all be better served with Sen. Clinton replacing Ted Kennedy as the new liberal lion of the Senate?

Mind you, I can see the political merits of the pick, both in terms of its Lincolnian magnanimity (it enhances Obama’s “goodbye to all that” post-partisan prestige, and completes the Seward analogy) and its Johnsonian shrewdness. (As LBJ said of J. Edgar Hoover, ““I would rather have him inside the tent pissing out than outside the tent pissing in.“) And, if the president-elect believes Sen. Clinton to be the woman for the job, despite everything that’s happened over the year, I’m inclined to trust his judgment on the matter. I just hope it works out better than I fear. (Pic via Sullivan.)

Priority #1: Gutting the Gitmo Gulag.

“Announcing the closure of the controversial detention facility would be among the most potent signals the incoming administration could send of its sharp break with the Bush era, according to the advisers, who spoke on the condition of anonymity because they are not authorized to speak for the president-elect. They believe the move would create a global wave of diplomatic and popular goodwill that could accelerate the transfer of some detainees to other countries.” In the WP today, unnamed Obama advisors make the case for the president-elect closing the Gitmo gulag next-to-immediately. (The ACLU has echoed similarly, and the UN Human Rights Commission suggested thus back in 2006.)

Nevertheless, while agreeing Gitmo is a catastrophic mistake that needs to be rectified pronto, Slate‘s Jonathan Mahler and Newsweek‘s Dan Ephron sense some implementation problems ahead. “[T]he prisoner mess created by Bush with the stroke of a pen in November 2001, and made messier over seven years, will take time and resourcefulness to clean up…[T]he controversial facility will probably still be open for business a year from now.“

However the national embarrassment at Guantanamo is handled by the new administration, it seems a safe bet that some of the intelligence officials that have carried water for Dubya on Gitmo, torture, warrantless wiretaps, and other issues will soon be sent packing, namely Director of National Intelligence Mike McConnell and CIA head Michael Hayden. “McConnell and Hayden, both career intelligence professionals, interpret the Obama team not reaching out to them as a sign that they will not be kept on, intelligence officials said.” But, hey, heck of a job, Mikeys.

Kaplan: The Good News Abroad.

“It’s a truism that Barack Obama faces the most intractable set of challenges that any president has faced in at least 50 years. But on a few issues in foreign and military policy, he’s caught a break. Whether by luck, the effect of his election, or President George W. Bush’s stepped-up drive to win last-minute kudos, Obama will enter the White House with some paths to success already marked, if not quite paved.” Having covered six diplomatic priorities for Obama right after the election (the link was buried in this post), Slate‘s Fred Kaplan takes a gander at five foreign policy arenas primed for good news under the coming administration.

Bin Laden Long Enough.

“‘If you think of this as sort of a combination of [the hunt for] Eric Rudolph, who was the Olympic bomber, and the movie ‘Deliverance,’ multiplied by a factor of 10, that’s really what you’re focusing on in trying to find bin Laden,’ said Robert Grenier, the former CIA station chief in Pakistan.” Also high on the foreign policy to-do list for President-elect Obama: bringing the war on terror back to Osama bin Laden.

Alas, despite Dubya’s occasional bouts of half-hearted bluster, it seems the bin Laden trail may well have gone ice-cold over the past few years, while we’ve been focused on Iraq. “Robert Baer, a former CIA field officer, told CNN he’s talked to ‘a dozen CIA guys who’ve been on the hunt for him, and half of them told me they assumed he was dead, the other half said they assumed he was alive, but the key word here is assume. They don’t know.’…[Commander of special operations at Tora Bora Dalton] Fury says the best route for the president-elect to take would be to change the dialogue about bin Laden…He believes taunting the al Qaeda leader may force him to prove he’s relevant and, in the process, lead the United States right to him.“