Open Primaries in CA?

Rick Heller of Centerfield is linking to a John Fund article regarding the possibility of California becoming an open primary state. Short version: Fund is profoundly leery of any voting system that could easily reproduce results like the 1991 Louisiana Senate or the 2002 French presidential races. It’s hard to blame him, although I would note that in both cases the electorate did not end up electing the lunatic. Still, Rick wants to give it a shot, seeing as he’s even less worried about kooks getting elected and he’s tired of not having enough centrists* in office.

I’d be much happier with gerrymander-proof Congressional districts, but that’s just me. At any rate, I doubt that this will make it past the courts. Granted, Louisiana’s did, butthen Louisiana doesn’t have 55 Electoral votes. I know that this is cynical of me, but honestly, the existing political parties in CA are happy enough with the status quo – they ought to be; they designed it that way – and thus not in the mood to rock boats. I also believe that this proposal would make Californian elections a bit more complicated, yes? I seem to recall hearing people complain about that sort of thing already, although I could be misremembering…

Moe

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It’s like having an inner ear problem…

…I switched over to Mozilla Firefox* (I decided that it’d be superior to my other alternative, which was to ram a wooden stake through the CPU); it seems fairly nifty, but all my reflexes are off. This tab thing, frex; really really useful and I keep forgetting how to use it. And let’s not even … Read more

You are now entering Interzone.

For some reason, I find the following to be both comforting and disturbing: In a city where few people drink, Baghdad’s sealed-off green zone counts at least seven bars, including a Thursday night disco, a sports bar, a British pub, a rooftop bar run by General Electric, and a bare-bones trai ler-tavern operated by the … Read more

Liberalism, Abortion and Stem Cell Research

This Crooked Timber post reminds me of something that has annoyed me recently: the idea that from the liberal perspective abortion arguments and stem cell research are closely linked. The post is technically about the idea of Kerry being denied communion because of his pro-choice and stem cell research stances. I’m not Catholic, so I … Read more

Clever, but only by half

I agree: these Berkely protesters are nuts. Professor Yoo’s “torture” memorandum — though dreadful as a piece of writing, analysis, and research — is no reason to dismiss the man. (And, take note that even when I was in full “off with their heads” mode, I limited my criticisms to the DoD memorandum, not Professor Yoo’s).

That said, however, Pejman Yousefzadeh‘s criticism of the Berkely protestors is too facile, and misses the mark. Here’s what Yousefzadeh writes (via Glenn Reynolds):

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The Stepford Vice President

So here’s a theory. Dick Cheney is actually a robot. Back in the early days of the Bush Administration, when he underwent “heart” surgery, he was actually Stepfordized. Admittedly, this theory has a few loose ends (mostly in that he’s certainly not any better looking now), but at least it offers a feasible explanation for his insistence that Hussein had ties to al Qaida (i.e, there’s a fatal error or short-circuit in his data access update loop or something like that).

From Marshall’s Gaggle report:

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An Ode to the Passive Voice

I like to boldly split infinitives as much as von. But I write in praise of another grammatical antihero—the passive voice.

It’s just so useful. It can defend the indefensible, obscure meanings faster than a speeding bullet, erase responsibility in a single stroke….

(Or rather: defense of the indefensible has been enabled by it. Significant contributions to obscuring-of-meanings and responsibility-erasing related program activities have also been made.)

For example, this:

I also think that the rather transparent effort to use this against Bush — often by people who think nothing of cozying up to the likes of Castro, for whom torture and murder are essential tools of governance — has caused the Abu Ghraib issue to be taken less seriously than perhaps it ought to be.

sounds much better than this:

People are criticizing Bush about the Abu Ghraib scandal. Some of them—I won’t say who, or give any examples—once cozied up to Fidel Castro, or someone like him, or they would given the chance. Therefore, I will not take seriously the evidence of torture by U.S. troops, or the possibility that the Bush administration condones torture.

Unfortunately, my junior high English teachers taught me never to use the passive voice. So I was left telling my mother:

My sister’s room is dirtier and you don’t yell at her! And I was GOING to clean my room, but now I won’t because you’re nagging me so much so THERE!!!” (stomp stomp stomp) (slammed door)*

when this would have sounded so much nicer:

The irrationally hostile tone of your voice, coupled with the transparent neglect of the far greater disarray of my sister’s room, has led the clothes-all-over-the-floor situation to be taken less seriously than perhaps it otherwise would have been.

More seriously, not that Glenn Reynolds will ever read this in a billion years:

People are attacking the Bush administration over this because there is an awful lot of evidence implicating them. They’ve written legal memos justifying torture and unlimited presidential power, one of which was signed by the head of the office of legal counsel. They’ve deported an innocent** men to torture in Syria, based on “confessions” extracted from other men tortured in Syria. The Deputy Attorney General, acting as Attorney General, signed the order deporting Arar. There is probably a “presidential finding” signed by Bush authorizing “extraordinary renditions.” There were no JAG officers at Abu Ghraib, and not because JAG officers were not available. They ignored warnings from the Red Cross. I’m not even going to get into all the incriminating details about Abu Ghraib; see this post for more. They did not apologize for any of this until pictures came out. They still haven’t admitted any mistake that hasn’t been illustrated with pictures. And they still won’t tell the public anything about what they’re doing.

Saying “I’m against torture” is all well and good. But abstract opposition is not worth much, when your response to credible allegations that your government condones torture is to ignore the evidence, blame the messenger, and change the subject.

And if none of that convinces you, I’ve even graciously provided ammunition for an argument that it’s Bill Clinton’s fault!

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Who was the guy on the xylaphone?

Maybe I am sicker than I thought, because I think that normally I would be outraged. OTOH, my long-suffering girlfriend vetted it, and although she looked dubiously at the Alzheimer’s references she generally jueged it as funny. I report, you decide. Just don’t drink any soda while doing it, one way or the other. (Via … Read more

What’s next? Delay/Pelosi slash fiction from the NYT?

There were, like, a lot of actual things happening in the last few days, folks. I just want to know: what story did you spike to make room for a piece about how Paramount Photoshopped Condi Rice’s and Hillary Clinton’s faces on cheesecake shots for a movie trailer? (pause) Oh, it’s part of a column. … Read more

To Go Boldly

I know, I know, I said that I wasn’t gonna post no more this week . . . . Yet, as the resident (alleged) Grammer God, I must take issue with one of John Derbyshires‘ recent comments to KJL on “The Corner”: And I have noticed that you [KJL] have a tendency to split infinitives. … Read more

Fallujah as Favela

Maybe I haven’t been called a “lefty moonbat” enough recently, but I’m going to throw this out there before I forget why it seemed like such a good idea in the middle of the night last night.

On the DVD for “City of God” is a documentary film about the drug wars in Rio De Janeiro titled “News From A Personal War.” Interviews with police, drug dealers, prisoners, and favela (slum) dwellers paint as bleak a picture of urban violence as I’ve ever seen. This film is from 1997, so some of the circumstances may have changed…anyone knowing that to be the case, please don’t be shy about sharing.

In the documentary, the former police chief of Rio is interviewed extensively and (probably because he was just about to take another job when interviewed) offers some stunningly frank assessments of why his force is unable to make a dent in the ongoing war. Essentially, the problem boils down to easy access to guns. He draws a chilling parallel between the US government and its desire to close down the Columbian drug manufacturing plants from which deadly products find ways, despite supposedly earnest efforts, through customs and onto American streets and the US and European gun manufacturing plants from which deadly products find ways, despite supposedly earnest efforts, through customs and onto Brazilian streets.

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There was a rumor

I have listened to Kinky Friedman’s music precisely once. I was 24 at the time, and was over a friend’s house – well, there were a bunch of us, and we didn’t have anywhere to go that weekend, and there was a neighborhood bar right next door, just in case we got tired of drinking … Read more

Time for another installment…

That’s Just Silly. Yes, that fun game where you look the stuff that your own side does and shake your head in disbelief. OK, so it’s sort of the first installment, although we’ve played games like this before. They say that confession’s good for the soul – albeit rarely on public property, these days – so we’re probably overdue for a good bout of painful admissions and confessions.

The rules are simple: go find something done by somebody on your side that’s so goofy it makes you roll your eyes, confess it here (with appropriate links) and walk away feeling better. This is explicitly a game for admitting to silly stuff done by your side, not the Other’s; attempts to score points against political opponents are forbidden in this thread, and will probably be deleted, although the temptation to mockingly edit them is a strong one. Best not to force a decision, there.

So, to show willing, I give you… “W” Ketchup! Ollie North’s crowd came up with this winner* – how shocking, huh – and they’re touting it as an alternative to ‘Democratic’ ketchup. Umm, right. I’m struck now with this image of Ollie North somebody to be determined doing the remake of The Manchurian Candidate, pounding the podium with one hand and holding a Heinz bottle in the other, all the while shouting about the Commies.

Sheesh.

(Via Boi from Troy)

Moe

UPDATE: A call to the charity – which, by the way, seems decent enough – has indicated that they haven’t gotten a donation from these guys yet; they’ll look into it and let me know one way or the other. I still retain the right to mock this as a Right-wing goof, until such time as it’s been shown to be otherwise.

ANOTHER UPDATE: Got an email from the charity; the group making this is an actual company who will be donating to said charity, which argues against a satire site. The mocking of W Ketchup may now resume.

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Three Little Birds

First, go read David Schuler’s piece on “Jacksonians, Wilsonians, and Hamiltonians at war” over at the Glittering Eye. I’ve been meaning to do an in-depth post on it since last week but haven’t found the time, and now probably won’t. Alas. Alack. Second, it appears that Tacitus has plunged through The Carter Horizon. Welcome to … Read more

Like Dogs

Worried that she is being scapegoated for the torture of prisoners in Abu Ghraib, Brig Gen Janis Karpinski is speaking out: Gen Karpinski said military intelligence took over part of the Abu Ghraib jail to “Gitmoize” their interrogations – make them more like what was happening in the US detention camp at Guantanamo Bay, Cuba, … Read more

I am clearly looked upon with suspicion by my masters.

I mean, I didn’t get an invitation to blog from the GOP convention, unlike some people I know; I still haven’t seen one thin dime of the Right-wing blood money that’s supposed to be falling from the sky in a veritable torrent for all us “warbloggers”; and now I find out that apparently I’m not … Read more

Oh.

I’m surprised that I missed this – well, actually, no: I was on a bit of a self-enforced hiatus last week* – but I’d like to offered my (belated) sympathies to Matthew Yglesias about the health of his mom. I used to regularly read his site, before the vagaries of webblocking software made it impossible … Read more

Extraordinary Rendition: Not Just for Republicans!

Until tonight, I knew vaguely that the policy of “extraordinary rendition”–sending terrorism suspects to countries that practice torture for interrogation–started under the Clinton administration. But I did not know any of the details.

Tonight I came across this 2001 Wall Street Journal story*, and learned the details:

CIA-Backed Team Used Brutal Means To Break Up Terrorist Cell in Albania

By ANDREW HIGGINS and CHRISTOPHER COOPER
Staff Reporters of THE WALL STREET JOURNAL

TIRANA, Albania — Ahmed Osman Saleh stepped off a minibus here in the Albanian capital in July 1998 and caught what would be his last glimpse of daylight for three days. As he paid the driver, Albanian security agents slipped a white cloth bag over Mr. Saleh’s head, bound his limbs with plastic shackles and tossed him into the rear of a hatchback vehicle.

Supervising the operation from a nearby car were agents from the U.S. Central Intelligence Agency.

Mr. Saleh’s Albanian captors sped over rutted roads to an abandoned air base 35 miles north of Tirana. There, recalled an Albanian security agent who participated, guards dumped the bearded self-confessed terrorist on the floor of a windowless bathroom.

After two days of interrogation by CIA agents and sporadic beatings by Albanian guards, Mr. Saleh was put aboard a CIA-chartered plane and flown to Cairo, according to the Albanian agent and a confession Egyptian police elicited from Mr. Saleh in September 1998. “I remained blindfolded until I got off the plane,” Mr. Saleh said in the confession, a document written in Arabic longhand that he signed at the bottom.

There were more beatings and torture at the hands of Egyptian authorities. And 18 months after he was grabbed outside the Garden of Games, a Tirana childrens’ park, Mr. Saleh was hanged in an Egyptian prison yard.

By the Script
His capture was one of five scripted and overseen by American agents as part of a covert 1998 operation to deport members of the Egyptian Jihad organization to Cairo from the Balkans. At the time, Egyptian Jihad was merging with Osama bin Laden’s al Qaeda network. U.S. authorities considered the Tirana cell among the most dangerous terror outfits in Europe. The CIA has refused to acknowledge the 1998 operation. But privately, U.S. officials have described it as one of the most successful counterterrorism
efforts in the annals of the intelligence agency….

About a dozen U.S. agents arrived in Albania to plan the arrests, according to their Albanian counterparts. CIA and SHIK operatives spent three months devising the operation, often meeting in a conference room next to Mr. Klosi’s office.

On June 25, 1998, the Egyptian government issued a prearranged arrest warrant for Mr. Attiya, the forger, and demanded his deportation. Most such requests to Western countries had been ignored in the past, said Hisham Saraya, Egypt’s attorney general at the time. This one was not.

That day, while driving in his 1986 Audi in Tirana, Mr. Attiya found himself being trailed by an Albanian police car and another vehicle, he later recalled in his confession. He was stopped and arrested. The same day, Albanian security officers raided his home and found more than 50 plates and stamps used to produce fake visas and other bogus documents, according to court records from his 1999 trial.

Several days later, he was taken, handcuffed and blindfolded, to the abandoned air base, north of Tirana. “There, a private plane was waiting for me,” he said in his confession. Once in Cairo, he was blindfolded again and driven to Egypt’s state security offices on July 2, 1998. “Since then, the interrogations have not stopped,” he said.

Mr. Attiya later told his lawyer, Hafez Abu-Saada, that while being questioned, he was subjected to electrical shocks to his genitals, suspended by his limbs, dragged on his face, and made to stand for hours in a cell, with filthy water up to his knees. Mr. Abu-Saada, who represented all five members of the Tirana cell, subsequently recorded their complaints in a published report.

Also deported from Tirana was Mr. Naggar. He was nabbed in July 1998 by SHIK on a road outside of town. He, too, was blindfolded and spirited home on a CIA plane. In complaints in his confession and to his defense lawyer, Mr. Abu-Saada, Mr. Naggar said his Egyptian interrogators regularly applied electrical shocks to his nipples and penis.

Mr. Naggar’s brother, Mohamed, said in an interview that he and his relatives also were — and continue to be — harassed and tortured by Egyptian police. He said he had suffered broken ribs and fractured cheekbones. “They changed my features,” Mohamed Naggar said, touching his face.

About two weeks after Messrs. Attiya and Naggar were deported to Egypt, Albanian security agents took Mr. Tita, the dues-collector, from his Tirana apartment. They covered his head and put him on a plane. “After I was arrested, [Egyptian interrogators] hung me from my wrists and applied electricity to parts of my feet and back,” he said in his confession.

As the CIA operation drew to a close, an Arab newspaper in London published a letter on August 5, 1998, signed by the International Islamic Front for Jihad. The letter vowed revenge for the counterterrorism drive in Albania, promising to retaliate against Americans in a “language they will understand.”

Two days later, U.S. embassies in Kenya and Tanzania were blown up, killing 224 people. U.S. investigators have attributed the embassy bombings to al Qaeda and now believe the attacks were planned far in advance. At the time, American officials were rattled enough about the possible connection to the
Tirana arrests that they closed the U.S. Embassy there, moving the staff to a more-secure compound across town.

The embassy bombings didn’t stop the CIA from going after Mr. Saleh in Tirana. In August, Albanian security agents grabbed him outside the children’s park. During two months of detention in Egypt, he was suspended from the ceiling of his cell and given electrical shocks, he told his lawyer, Mr. Abu-Saada. Also rounded up was Essam Abdel-Tawwab, an Egyptian Jihad member who had lived for a time in Tirana before moving to Sofia, Bulgaria. He, too, later told Mr. Abu-Saada he was tortured. Egyptian prosecutors acknowledged in court documents that they observed a “recovered wound” on Mr. Tawwab’s body.

Bill Clinton is not President anymore, and I wasn’t a huge fan of his when he was. I already knew that part of the groundwork for the “extraordinary rendition” policy was laid during his presidency. I’ve said a hundred times that this is not and should not be a partisan issue. But apparently I am more naive and more partisan than I’d like to think, because when I read this article I was shocked that this could happen under a Democratic president. I promptly set to work on an internal list of the differences between this case, and Abu Ghraib and Maher Arar’s deportation:

–Unlike the Arar case and Abu Ghraib, most of the suspects tortured here were almost certainly terrorists who were actively planning to kill innocent people. The Tirana cell was started by Ayman Al-Zawahiri’s younger brother. While coerced confessions are unreliable, there is a lot of corroboration in this case. (Read the full article for details.) The CIA was not rounding up innocent Iraqis or people who’d had lunch with terrorists’ brothers’ acquaintances one time. They gathered a lot of evidence before they acted.

–This specific operation may not have been approved by anyone on the cabinet level, unlike Arar’s deportation. We don’t know the details of Clinton administration’s policy on “extraordinary renditions”, and according to at least one article they actually tried to get Egypt to comply with the torture convention and eventually cut ties to them when they refused. There was nothing like the concerted legal effort to justify torture that we’ve seen from the Bush administration.

–Most of these men were actual Egyptian citizens, some of whom had actually committed crimes in Egypt. Ahmed Saleh was wanted for a botched assassination attempt of a government minister, and a car bombing (that might be one or two incidents; I can’t tell from the article.) Shawki Attiya was wanted on forgery charges, though these may have been drawn up with CIA assistance. I don’t have any expertise on this subject, but this seems less flagrantly illegal than deporting a Canadian citizen changing planes in JFK to Syria.

Really, though, what’s the use? I prefer torturing the guilty to torturing the innocent, but torture is torture. It was still illegal. It was still wrong. It was still unnecessary.**

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Rauch on Virginia’s Marriage Affirmation Act

Via Sullivan ~~~~~~~~~~~~~ Virginia’s Marriage Affirmation Act goes into effect July 1. Although its supporters deny this is what they had in mind, the law could interfere with gay people’s right to make contracts with each other such as “wills, medical directives, powers of attorney, child custody and property arrangements, even perhaps joint bank accounts.” … Read more

First Thing We Do, Let’s Not Treat All the Lawyers

I know the costs of malpractice insurance are driving doctors to distraction, but… A doctor’s proposal asking the American Medical Association to endorse refusing care to attorneys involved in medical malpractice cases drew an angry response from colleagues Sunday at the annual meeting of the nation’s largest physicians group. Many doctors stood up to denounce … Read more

Another Torture Memo

The Washington Post has printed the Office of Legal Counsel’s memo from August 1, 2002, in full. Some thoughts: 1. I had wondered before where they came up with “the level [of pain] that would ordinarily be associated with a sufficiently serious physical condition or injury such as death, organ failure,or serious impairment of body … Read more

An open letter to the Media…

…That’d be the so-called ‘conservative’ media, the so-called ‘liberal’ media or whoever the hell’s supposed to be pulling your strings this week. Please direct your attention to what Senator McCain said – again – about him being the Veep candidate for Senator Kerry: he said “no“. It’s not confirmed that Senator Kerry even asked; frankly, … Read more

Bilateral Social Gathering Geez, it was just dinner.

A useful corrective took place yesterday: to wit, my girlfriend and I had dinner with Rivka (of Respectful of Otters) and her Significant Otter*. This would be considered to be quite the accomplishment: Rivka’s a Dean Democrat, I’m a Bush Republican, so of course it was tense…

…well, actually, it wasn’t tense at all. Rivka’s a sweetie, not to mention sound on Lois McMaster Bujold and the Rocky Horror Muppet Show, so we sat in the back yard, drank beer, demolished a cheese and crackers plate, had some very good grilled salmon – and some better Denver pudding – and finished the night playing the I’ve Got A Stranger Song Than THAT game (if I had only known, I would have brought in the big guns instead of relying on my girlfriend’s Ipod selections). She wrote about it herself here; I’m glad that they had as good a time as we did. One of the major problems with political blogging is that it’s really, really easy to forget that there’s a difference between a person’s policy positions and their personality; lots of us spend lots of time – too much time – in wars to the virtual knives. Spending a pleasant afternoon in the pleasant company of someone whose vote you’re likely to cancel out in November is an excellent corrective; I wholeheartedly endorse the practice.

As for the ‘cuddly’ bit… well. I am hardly in a position to either confirm or deny that description.

Moe

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Meet Our Employees

As a follow up to the Guardian/Observer article I linked to in the last post, I decided to do some research into the human rights records of the countries where we have reportedly “rendered” terrorism suspects. Specifically, their use of torture.
To avoid debates about source credibility, and save time, I relied exclusively on the U.S. State Department’s 2003 Human Rights Reports.

The results are grim, and long, but I think they are important–even necessary–to read. These people are working for us. Not just with us, but for us. Our government is sending prisoners into their custody for interrogation.

Someone will probably argue that our survival is at stake, and we need allies in this fight, even unsavory ones. I agree. Someone may ask me if I think we were wrong to ally with Josef Stalin in World War 2. Of course I don’t think that. Someone may ask me if I think Egypt or Azerbaijan is worse than Stalin’s USSR. Again: of course not.

Alliances are fine and necessary. This is something else. I don’t believe Churchill and FDR ever sent German or Japanese prisoners of war to Siberia for interrogation.

With that out of the way, here are the results, in alphabetical order:

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“We acted fully within the law…”

Two recent news items on “extraordinary rendition”: 1) Maher Arar’s lawyers allege that Canadian CSIS agents (the equivalent of CIA agents, I believe) travelled to Syria in 2002 and got copies of “confessions” that Syria had tortured out of him: In the submission, Arar’s counsel say James Lockyer and Michael Edelson, who both represented Arar … Read more

Caretaker Post…

…I was planning to have a post here, but that was before the [bleep]ing virii started propogating themselves through my computer system – and now I’m literally on my way out the door to The Chronicles of Riddick. So, to the two people that would know what the hell I’m talking about: don’t worry, there’ll … Read more

Things I meant to blog about #2

Are you looking for cinema reviews- with a twist?

Then pop on down to Maoist International Movement’s Maoist Movie Reviews! Sure, we’ve all wondered what a hardcore totalitarian would think of such classics as Small Soldiers and Gladiator; well, we can wonder no more. These folks will be more than happy to bend, twist, spindle, mutilate, crumple, squeeze and even liquify their target movies into Chairman Mao’s paradigm; the results of this can be best expressed by the fact that they sort of liked Episode Two*.

And they even solicit reviews! Not that I’m encouraging anybody to spoof them, of course. Why on earth anyone would think that I would ever suggest that a bunch of would-be dictators and censors be inundiated with subtly mocking movie reviews is beyond me completely**…

(Via Amygdala)

Moe

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While doing site maintenance…

…I ran across Constant Reader Double-Plus-Ungood’s commentary on male urinal etiquette. I contest none of his rules (save for the fact that it is in fact permitted to stare straight ahead, eyes focused on a spot of the wall directly in front of you), but it’s bemusing to realize that nobody ever told me them, … Read more

Things I meant to blog about #1

Uninvited Artist Posts Work at 4 Museums NEW YORK (AP) – Paintings of President Bush and former President Clinton, accompanied by messages referring to the artist’s bodily fluids, mysteriously appeared last week on the walls of two major city museums and reportedly at two other museums in Philadelphia and Washington. Harold Holzer, a spokesman for … Read more

In praise of Killer B’s.

B movies, that is. Given my current mood OK, nobody probably gives a flying leap about my mood, except if I flip out and go rob a train, which would make said mood entertaining – and so I shall talk about Bubba Ho-Tep, which I sat down and watched for the first time tonight. I … Read more

Well, I’m back…

…having (hopefully) gotten a handle on whatever it is that keeps me from shouting instead of commenting and ranting instead of debating. Regular blogging – well, by me, at least; the others more than covered the slack while I was reacquiring equilibrium – will resume some time after Bubba Ho-Tep has been watched. Moe PS: … Read more

Things we need and things we don’t

Kevin Drum and Mark Kleiman, in full schadenfreude mode, wonder “Is the Abu Ghraib scandal about to break wide open?” (Drum.) Indeed, there has been a bit of a drumbeat of late, pounding away even as Reagan’s body has lain in state. Among other things: — The steady drip-drip-drip of the torture memoranda. — More … Read more

Non-Denial Denials

From the news conference today:

Q Mr. President, the Justice Department issued an advisory opinion last year declaring that as Commander-in-Chief you have the authority to order any kind of interrogation techniques that are necessary to pursue the war on terror. Were you aware of this advisory opinion? Do you agree with it? And did you issue any such authorization at any time?

THE PRESIDENT: No, the authorization I issued, David, was that anything we did would conform to U.S. law and would be consistent with international treaty obligations. That’s the message I gave our people.

Q Have you seen the memos?

THE PRESIDENT: I can’t remember if I’ve seen the memo or not, but I gave those instructions….

Q Returning to the question of torture, if you knew a person was in U.S. custody and had specific information about an imminent terrorist attack that could kill hundreds or even thousands of Americans, would you authorize the use of any means necessary to get that information and to save those lives?

THE PRESIDENT: Jonathan, what I’ve authorized is that we stay within U.S. law….

Q Mr. President, I wanted to return to the question of torture. What we’ve learned from these memos this week is that the Department of Justice lawyers and the Pentagon lawyers have essentially worked out a way that U.S. officials can torture detainees without running afoul of the law. So when you say that you want the U.S. to adhere to international and U.S. laws, that’s not very comforting. This is a moral question: Is torture ever justified?

THE PRESIDENT: Look, I’m going to say it one more time. If I — maybe — maybe I can be more clear. The instructions went out to our people to adhere to law. That ought to comfort you. We’re a nation of law. We adhere to laws. We have laws on the books. You might look at those laws, and that might provide comfort for you. And those were the instructions out of — from me to the government.

It does not comfort me.

The position the memo takes is that it is sometimes consistent with U.S. law, and international treaties, for the President to set aside acts of Congress and to order or authorize torture of prisoners. The administration will not release the memo to Congress, or say whether they adopted its findings, or discuss it in any way. So these answers tell us nothing.

The fact that the President won’t give a meaningful answer, perhaps tells us something. The fact that the Democrats on Judiciary are not sure they’ll find one G.O.P. Senator to cross the aisle and officially request the memo, according to this AP story, perhaps tells us something. The fact that Orrin Hatch told the AP that releasing the memos would “cause the deaths of our young people … by publicizing something that shouldn’t be publicized,” perhaps tells us something.

I don’t know whether Hatch is afraid for our troops, or afraid for Bush’s re-election, or both. But he’s afraid of something. If the memo is as hypothetical and harmless an exercise as some of the President’s supporters say, the best thing to do for our troops is to prove it. Release this memo, and release the ones that shows the advice was rejected, and explain what the policy actually is.

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Systemic Issues with the Torture Memo

The torture memo is being adequately covered in its details all over the net (including by co-bloggers at ObsidianWings. So instead of hashing through all the little reasons why it is wrong, I want to focus on the systemic reasons why it is wrong and why even if it were legally correct (which I do … Read more