Looking Forward

by hilzoy I didn't have a problem with President Obama's announcement that he wasn't going to prosecute CIA officers who relied on the guidance they got from the OLC. I'm uneasy about prosecuting people who rely on the OLC, which they ought to be able to rely on. (I think that relying on legal interpretations … Read more

Prof. James Horne On The Memos

by hilzoy When discussing sleep deprivation, the memos released last Thursday cite the work of Dr. James Horne in support of the claim that sleep deprivation for up to 180 hours is not torture. (See here, pp. 35-40.) I wrote to Dr. Horne and asked him whether he would like to respond to this use … Read more

Why We Need Universal Health Insurance

by hilzoy Kate Michelman tells a horrible story in The Nation. In 2001, a horse fell backwards onto her daughter, paralyzing her for life. Then her husband was diagnosed with Parkinson's. Michelman and her husband had health insurance and long-term care insurance; her daughter did not. Between her daughter's expenses and what her husband's health … Read more

More Things That Are Missing

by hilzoy

A couple of other things that are missing from the torture memos:

First, the memos cite various legal precedents for the definition of torture. They are particularly fond of Mehinovic v. Vuckovic, which involved "a course of conduct that included severe beatings to the genitals, head, and other parts of the body with metal pipes and various other items; removal of teeth with pliers; kicking in the face and ribs; breaking of bones and ribs and dislocation of fingers; cutting a figure into the victim's forehead; hanging the victim and beating him; extreme limitations of food and water; and subjection to games of 'Russian Roulette'." (p. 24; the details of this case are repeated on four separate occasions in this memo alone, like an incantation.)

Isn't it strange, then, that not a single one of the cases in which the United States has prosecuted people for waterboarding turns up in these memos? You'd think they might be apposite. Oddly enough, though, Steven Bradbury didn't think to include them.

Second: As I noted last night, under the US Code, an important issue in determining whether something counts as producing "severe mental pain or suffering" is whether it produces "prolonged mental harm". In discussing this question, especially with regard to sleep deprivation and waterboarding, Steven Bradbury spends a lot of time discussing the scientific literature on these topics. 

And yet, once you think about it, he had a much better source of information available to him. These memos were written in May, 2005. The CIA had been using these "methods of interrogation" for nearly three years. Moreover, the memos fall all over themselves describing the repeated psychiatric evaluations that detainees are given: 

"Prior to interrogation, each detainee is evaluated by medical and psychological professionals from the CIA's Office of Medical Services ("OMS") to ensure that he is not likely to suffer any severe physical or mental pain or suffering as a result of interrogation." (p. 4)

Bradbury then quotes the OMS' guidelines:

"[T]echnique-specific advance approval is required for all "enhanced" measures, and is 'conditional on on-site medical and psychological personnel confirming from direct detainee examination that the enhanced technique(s) is not expected to produce "physical or mental pain or suffering"'. As a practical matter, the detainee's physical condition must be such that these interventions will not have lasting effect, and his psychological state strong enough that no severe psychological harm will result." (p. 4)

Moreover:

"Medical and psychological personnel are on-scene throughout (and, as detailed below, physically present or otherwise observing during the application of many techniques, including all techniques involving physical contact with detainees), and "[d]aily physical and psychological evaluations are continued throughout the period of [enhanced interrogation technique] use." (p. 5; square brackets in the original.)

With all those psychological workups having been conducted on CIA detainees over a period of nearly three years, one might think that the CIA, and specifically its Office of Medical Services, would have lots of information on whether or not the techniques under discussion actually did produce any "prolonged mental harm." And yet, strange to say, the memos don't mention any evidence at all about the effects of these techniques on CIA detainees*.

It's pretty strange that the CIA had all that data about the psychiatric effects of its interrogation techniques ready to hand, and yet no one mentions it.

Or then again, maybe not.

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Torture: The Bureaucracy In Action

by hilzoy I will have a lot more to say about the torture memos later tonight. For now, though, I just want to echo this point by Andrew Sullivan, which is very, very important. He's contrasting the Bradbury memos from 2005 to the Bybee memo from 2002: "What is far more important and far graver … Read more

“Prolonged Mental Harm”

by hilzoy As I noted in my last post, the US Code defines torture as an act that (among other things) is intended to produce "severe physical or mental pain or suffering", and defines "severe mental pain or suffering" as "prolonged mental harm" resulting from one of several types of act. Naturally, then, the torture … Read more

Something Is Missing

by hilzoy I'm still digesting the torture memos, and probably won't say anything comprehensive about them tonight. I did, however, want to flag one thing that is missing.  The US Code defines torture as "an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or … Read more

The Obvious Comparison

by hilzoy "You would like to place Zubaydah in a cramped confinement box with an insect. You have informed us that he appears to have a fear of insects.(…) As we understand it, you plan to inform Zubaydah that you are going to place a stinging insect into the box, but you will actually place a … Read more

Redactions

by hilzoy I am presently reading through the torture memos that the Obama administration released today. I will comment on them when I have had a chance to work through and digest them. I do want to say one thing now, though. Yesterday, various news outlets began reporting that these memos would be released. The … Read more

Children Of The Taliban

by hilzoy There's a really good segment on Pakistan on Frontline World called 'Children of the Taliban'. I can't seem to embed the video here, but just click through and watch it, or at least read the synopsis, which is long enough to give a lot of the details, but a lot quicker than watching … Read more

And Another Thing …

by hilzoy In my post last Friday on domestic violence, I wrote: "I will also refer to abusers as 'he', and to their victims as 'she'; this is accurate in the overwhelming majority of cases." I think this was a mistake. I could just as easily have written that I would use these pronouns because … Read more

Rectification Of Names

by hilzoy It has been brought to my attention that I have never 'made it clear' that I would rather be known, on blogs, as hilzoy, and not by my actual name. I had always imagined that signing my posts 'hilzoy' was a clear enough indication of how I would like to be known on … Read more

Why Elections Matter

by hilzoy If you have been reading public health blogs for a couple of years, you probably know, and miss, Confined Space, a blog about worker health and safety issues. If you don't, you missed a great blog, the kind that really educates you about an issue that it's hard for non-professionals to learn about otherwise. To … Read more

Prosecute Them

by hilzoy Scott Horton at the Daily Beast: "Spanish prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates over their role in the torture of five Spanish citizens held at Guantanamo, several reliable sources close to the investigation have told The Daily Beast. … Read more

Hang It Up, Norm

by hilzoy From the Minneapolis Star-Tribune: "After a trial spanning nearly three months, Norm Coleman's attempt to reverse Al Franken's lead in the recount of the U.S. Senate election was soundly rejected today by a three-judge panel that dismissed the Republican’s lawsuit. The judges swept away Coleman's argument that the election and its aftermath were … Read more

Battered Women: The Sequel

by hilzoy

As a followup to my last post on this topic, I wanted to consider this passage from Linda Hirshman's post. She's discussing Leslie Morgan Steiner, author of a memoir about her abusive relationship:

"It is difficult to understand why she stayed in this awful relationship, given that she was not risking starvation and had no children with her abuser. Which is why, no matter how many times Steiner and Marcotte and the others tell them not to, people keep asking the question. And it's terribly important to do exactly that. Asking why women participate in destructive relationships is a mark of respect. The amazing thing is that, four decades after the birth of feminism, we are still arguing about it."

Is it "terribly important" to keep asking why women stay in abusive relationships? And is it true, as Hirshman says, that "the current love affair with understanding stops feminists from calling victims on taking responsibility for their own well-being"? I want to break this topic down into several parts, which I will consider below the fold.

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Unified Electronic Medical Records!

by hilzoy More good news: "President Obama announced plans on Thursday to computerize the medical records of veterans into a unified system, a move that is expected to ease the now-cumbersome process that results in confusion, lost records and bureaucratic delays. Medical information will flow directly from the military to the Department of Veterans Affairs' … Read more

Good. And Not A Moment Too Soon.

by hilzoy From the NYT: "The Central Intelligence Agency announced on Thursday that it will no longer use contractors to conduct interrogations, and that it is decommissioning the secret overseas sites where for years it held high-level Al Qaeda prisoners. In a statement to the agency's work force, the director, Leon E. Panetta, said that … Read more

Why Do They Stay?

by hilzoy

In a post on a book about a violent relationship, Linda Hirshman writes:

"It is difficult to understand why she stayed in this awful relationship, given that she was not risking starvation and had no children with her abuser. Which is why, no matter how many times Steiner and Marcotte and the others tell them not to, people keep asking the question. And it's terribly important to do exactly that. Asking why women participate in destructive relationships is a mark of respect."

I worked in a battered women's shelter for five years, four as a volunteer, and one as a full-time staffer, so I might be able to answer this question. I'll try to get to the respect part in a subsequent post. Obviously, this will be too general: people stay for lots of reasons. I knew someone once who had a bad heroin habit, and while getting involved with a guy who beat her up if she tried to leave the house would not be my preferred method of detoxing, it worked for her. (She was still clean the last time I heard.) But generalizations might be better than nothing. I will also refer to abusers as 'he', and to their victims as 'she'; this is accurate in the overwhelming majority of cases.

In some cases, understanding why someone stays is easy. A lot of women are afraid that their abuser would try to harm them if they leave. And with good reason: about a third of female homicide victims were killed by a spouse, lover, or ex-lover; and that's not counting the women who are "merely" beaten, stalked, and so forth. Staying in a case like this, at least until you had figured out how to leave safely and cover your tracks, is not mysterious or perplexing.

Moreover, while I think the assumption that battered women stay because they are just dumb, or have staggeringly bad judgment, is wrong and insulting, there are a whole lot of battered women, and it would be very surprising if none of them stayed for such reasons. We asked women who came to our shelter when the abuse had started; one woman told me that her husband had thrown her from a moving car on their first date, at which point I wondered silently why on earth there had been a second date, let alone a subsequent marriage. But in my experience such women were a vanishingly small minority.

What is hard to understand, I take it, is why women who do not have obviously bad judgment, and who do not take themselves to be in serious danger if they leave, stay anyways. So I turn to them.

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You Can Have Whatever You Like

by Eric Martin

The American Foreign Policy Project has put forth a fact-based, level-headed and insightful (warning pdf) policy paper on the Iranian nuclear issue.  It is both a valuable primer on the contours of the background facts and ongoing process, and a useful guide to setting achievable objectives going forward.

The report cuts through the hype to provide the facts on the current intelligence:

Although we often hear it said or implied that Iran is clearly pursuing nuclear weapons, the facts are more complex than that.

The Director of National Intelligence Dennis Blair has just re-affirmed the December 2007 finding that Iran shut downits weaponization and covert enrichment activities in Fall 2003, with no evidence of a re-start.  What we know Iran to be doing is enriching uranium at Natanz, openly under IAEA safeguards, and improving its ability to enrich more efficiently, while slowly accumulating a small stockpile of low-enriched uranium.  It is also building a heavy-water reactor at Arak. These projects will shorten the lead-time for developing a nuclear weapon, should Iran decide to do so in the future. That is the sense in which, as Mr. Blair puts it, we know Iran to be "developing a nuclear weapon capability" and "preserving a weapons option."

In practice, Iran's current path preserves at least three different options, the first and last of which are not mutually exclusive: (a) pursuing enrichment for nuclear energy use as a source of national pride and a symbol of Iran's refusal to be cowed, (b) using its enrichment as a bargaining chip in larger negotiations with the United States and its allies, or (c) pursuing a weapon either to deter a feared U.S. or Israeli attack, or to support aggressive goals, including expanding its influence in the region.  The U.S. intelligence community believes that Iran probably has not yet made a firm decision with regard to nuclear weapons, and that decision may well depend in large part on what the United States and its allies do.

According to U.S. intelligence community estimates, Iran is not expected to accumulate enough fissile material for even a single weapon until sometime in the 2010-2015 time frame, and that would require a "break-out" that almost certainly would be detected. What this means, in Secretary of Defense Robert Gates' words, is that: "They're not close to a stockpile, they're not close to a weapon at this point, and so there is some time."  The only effective way to illuminate – and, if necessary, constructively alter – Iran's intentions is to use that time for skillful and careful diplomacy.

Meanwhile, publicly assuming the worst in the absence of evidence – and issuing an immediate ultimatum based on that assumption — is a singularly bad idea. It will provoke a needless confrontation if the assumption is wrong. It will deprive Iran of a face-saving way to shift course if the worst-case assumption is correct. And continuing to threaten to bomb Iran – as Israel is doing – is the best way imaginable to make the worst-case scenario a self-fulfilling prophecy.

To reiterate some points made in the above excerpt, Iran will not be able to create a nuclear weapon unless either: (1) it "breaks out" from the IAEA monitoring process which would set off all types of alarm bells (and would leave us a window to act military should that be the option selected – though I oppose it); or (2) Iran has secret facilities that have thus far escaped detection – in which case bombing the known facilities would serve little purpose because the secret, hidden facilities represent the real threat in terms of weaponization.  In fact, attacking Iran under such a scenario would likely lead the ruling regime to redouble efforts to create a weapon via those hypothetical secret facilities, only now with an even more antagonistic and hostile posture at precisely the time that easing tensions and normalizing relations would have added urgency. 

More from the report on setting realistic, attainable objectives:

In setting goals for diplomacy, U.S. policy-makers should be guided by one basic question: What observable policy changes by Iran that are realistically achievable will make us most secure, given that Iran's present intentions are unknown?

"Give up the pursuit of nuclear weapons" is not a meaningful demand since Iran denies it is pursuing weapons and the United States has no clear evidence with which to dispute that denial.

Past U.S. policy has focused to the point of obsession on forcing Iran to (a) answer all questions about alleged past weapons work, (b) suspend its open and safeguarded enrichment at Natanz, and (c) stop construction of a heavy-water reactor at Arak. Alliances have been built, UN resolutions pushed through, and sanctions imposed — all for the purpose of pressuring Iran to submit to these three demands.

The third objective responds to a longer-term concern and can be readily incorporated into the diplomatic strategy that we propose.  However, in our judgment the first two of these objectives are simply the wrong priorities.  Iran has shown no indication that it is willing to take such actions, even under international pressure, and focusing on these demands comes at the expense of other achievable steps that would provide greater benefit to our security. Rather than simply take up where the Bush Administration left off, the Obama Administration needs to re-think its objectives with three key points in mind:

(a) Open, declared, safeguarded enrichment is not the greatest threat. Let us suppose for the sake of contingency planning that Iran were to decide to pursue a nuclear weapon.  How would it do so?  U.S. officials are not unjustified in worrying that Iran might close off access to the Natanz facility, evict inspectors, and start transforming its low-enriched uranium into high-enriched weapons material. North Korea did something analogous with spent reactor fuel and plutonium a few years ago. It's a most unlikely scenario, however, in the case of Iran. Any such maneuver would be immediately known, confronting Iran with a high risk of a forceful response, from Israel if not others.  This being so, any Iranian decision to pursue a weapon would much more likely follow a clandestine path.

(b) Focus on transparency. Past U.S. policy has so fixated on stopping all open, safeguarded enrichment in Iran that it has left itself half-blind to the more consequential risk of a clandestine program, should Iran decide to pursue a weapon.

Guarding against the clandestine risk requires, first and foremost, getting Iran to resume implementing the co-called "Additional Protocol" to each country's Safeguards Agreement with the IAEA. The Additional Protocol is not a panacea. One still needs intelligence to tell the IAEA where to look. But with the Additional Protocol one has a way of confirming or denying suspicions of clandestine nuclear work furnished by intelligence. Without it, there is none.

Adherence to the Protocol is voluntary, however. Brazil is pursuing enrichment, but hasn't signed the Protocol. Iran signed the Protocol and had been voluntarily implementing it, but stopped doing so in response to UN sanctions aimed at stopping Iran's safeguarded enrichment.

Iran has offered to resume applying the Additional Protocol and possibly accept other safeguards in the context of an overall settlement. There is only one way to find out whether this offer is serious or not, and what its contours are: start talking to Iran.

(c) The West probably can't have it all. Ideally, of course, one would get it all.  Iran would simply capitulate: stop enriching, come clean about its past and resume implementation of the Additional Protocol. In the real world, this is unlikely to happen, and it is vitally important that the best not become the enemy of the good.

While the Additional Protocol probably should be required of all nations who engage in nuclear activities, it is currently a voluntaryarrangement that has to be bargained for. Moreover, as the relevant UN Security Council resolutions acknowledge, Iran is entitled under the Nuclear Non-proliferation Treaty (NPT) to use nuclear energy for peaceful purposes, and that right has long been understood to encompass enrichment under safeguards. Nothing in the NPT or Iran's Safeguards Agreement supports the notion that a country is barred from enriching uranium if it has ever pursued a weapons program, even one halted years ago.

What this means is that the dispute that has put Iran at loggerheads with the West is not over whether Iran may enrich uranium. It is over whether Iran must first suspend enrichment for a period and answer all questions about allegations of past weapons work to regain the "confidence" of the international community – before resuming enrichment.

In our judgment, this difference is not so fundamental as to be worth the conflict it has evoked. Achieving a temporary suspension of open and safeguarded enrichment at the cost of the Additional Protocol would be a pyrrhic victory – and might well just drive enrichment underground. And forcing Iran to answer potentially embarrassing questions about the past is far less important than safeguarding the future.   

The statement "The West probably can't have it all" is one of the strongest critiques of the brash, petulant, bellicose foreign policy that has come to dominate the Republican Party in recent decades.  It is a foreign policy posture that is born out of maximalist fantasy of the United States' position in the world, fed by delusions of unipolarity on steroids.  In this cartoonish view, the United States is so omnipotent that it can traipse across the globe, disregarding the interests of other states (which, when counter to our own in any way, are de facto illegitimate), making demands that must be met en toto…or else!  No compromise. No give and take. 

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I Don’t Believe in Elvis

by Eric Martin For the record, the Bill of Rights and the Constitution take precedence over Party or Party leader each and every day of the week.  What Glenn said: Several weeks ago, I notedthat unlike the Right — which turned itself into a virtual cult of uncritical reverence for George W. Bush especially during the … Read more

Let Me See that Tootsie Roll

by Eric Martin Daniel Larison bemoans the “Whatever it is I think I see” approach to foreign policy plaguing the Republican Party: …I am depressed that the range of acceptable foreign policy debate in leading Republican circles stretches all the way from “attack them” (it does not really matter which state we’re discussing) to the cliche … Read more

Commonwealth Legal Bleg

by Eric Martin To the worldly and…lawyerly readership of Obsidian Wings, I have a bleg of a certain variety: I need recommendations for law firms that specialize in Internet, technology, privacy and/or sweepstakes law in the following countries: Canada, the United Kingdom, Australia and New Zealand. Please feel free to drop recommendations in the comments, or email me … Read more

Whatever it Is I Think I See

by Eric Martin Over the weekend, in defiance of UN Resolutions and international pressure, North Korea launched another test of its long range missile (Taepodong-2).  As with North Korea's prior two efforts to test its long range missile capacity, this weekend's attempt was a resounding failure.  Dr. Jeffrey Lewis (proprietor of ArmsControlWonk) put it succinctly: Oh-for-three. These guys … Read more

Keep the Wolf at the Door

by Eric Martin David Brooks veers dangerously close to the stripped down truth in discussing the origins of the current financial crisis: The best single encapsulation of the greed narrative is an essay called “The Quiet Coup,” by Simon Johnson in The Atlantic (available online now). Johnson begins with a trend. Between 1973 and 1985, … Read more

They’re Just Not that Into You

by Eric Martin Daniel Larison exposes the absurdity of the scaremongering-cum-warmongering about the likelihood (or lack thereof) that Iran would be willing to endure nuclear annihilation as an acceptable price to pay for the destruction of Israel (and Palestine and parts of neighboring Muslim nations as well): The real gem of Netanyahu’s interview was this: He continued: … Read more

Broken Still

by Eric Martin Reading over this interview Chas Freeman gave to Jim Lobe really drives home the point that in letting Freeman go, the Obama administration missed a golden opportunity to implement much needed reforms in an intelligence community that is, as Alex Rossmiller argued quite persuasively, Still Broken. Q: What sorts of procedural changes were you thinking about implementing? … Read more

I’d Stay and Be a Tourist but Can’t Take the Gun Play

by Eric Martin Over the weekend in Iraq there were a series of armed clashes between Iraqi government forces (with US forces in support) and Sunni tribal elements of the Awakenings movement.  The violence was a manifestation of the growing frustration amongst the Awakenings groups at the Maliki government's slowness in integrating them into government security … Read more

The Galveston Giant

by Eric Martin Credit where due, and John McCain gets it for this: A resolution for President Obama to pardon former world heavyweight boxing champion Jack Johnson was introduced Wednesday by Sen. John McCain (R-Ariz.) and Rep. Peter King (R-N.Y.), a posthumous bid to address the black fighter who was "wronged with a racially motivated … Read more

Whack-a-Mole: Transnational Edition

by Eric Martin Andrew Exum is making a whole lot of sense, in addition to some of the points that I made in a prior post in which I argued that 10-15 year long, multi-trillion dollar nation building efforts are not an efficient means to deny safe havens to terrorists.  First, terror groups do not require "safe … Read more

Here All the Bombs Fade Away

by Eric Martin The unfortunate truth about nuclear non-proliferation is that any country that is determined enough to obtain nuclear weapons – and that has the resources and the technological savvy to complement the will and economic means – can eventually become a nuclear-armed power.  However, there are good reasons for the US and the … Read more

It Could Have Been a Brilliant Career

by Eric Martin For several months there has been speculation (both on the right and left) that General David Petraeus might throw his hat in the ring as a would-be contender for the Republican nomination in 2012 or 2016.  Considering the uninspiring roster of GOP hopefuls (from Palin and Huckabee to Romney and Jindal), it's easy to … Read more

A Trilli

by Eric Martin Certain foreign policy objectives pursued by the Russian government over the past decade are beginning to bump up against the basic fiscal reality.  It's quite simple really: long term military deployments are enormously expensive and can crowd out other vital budgetary initiatives.  There is only so much money, attention and other resources to go around, and if military engagements are consuming … Read more

Donny, You’re Out of Your Element

by Eric Martin Shocked, shocked I tell you: The Taliban’s widening campaign in southern Afghanistan is made possible in part by direct support from operatives in Pakistan’s military intelligence agency, despite Pakistani government promises to sever ties to militant groups fighting in Afghanistan, according to American government officials. The support consists of money, military supplies … Read more