Category Archives: torture

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Check out a thorough collection of articles about 9/11 via NYMAG‘s Encyclopedia of 9/11.

What Dinh didn’t anticipate was a profound shift in liberalism and, therefore, in the politics of the country. Even with a Democrat now in the White House, the liberalism that protects the right of the individual against the majority—the politics of civil rights and abortion and gay marriage—has diminished, in favor of one that aims to improve the lot of the median man. Obama’s liberalism is for the majority, not against it. This spirit, and the unlikely endurance of the Patriot Act, owes something to the central psychological events of the decade: the vitality and threat of new economic competitors, the social violence initiated by the authors of obscure financial instruments, but first and most of all September 11—each of which evoked a particular feeling, that we were all together, under attack. .::Patriot Act

53-40

That was the vote to confirm Michael Mukasey late Thursday night as our 81st Attorney General.

So let’s see. Now Chuck Schumer will forward legislation explicitly banning waterboarding, since his good buddy Mukasey assured him that such legislation would be enforced. It’ll pass the Senate with something like 90 votes, then it’ll get through the House with similar support. The President will cheerfully sign it, with the new AG by his side, talking about the importance of the rule of law. This will be swiftly followed by the grand tradition of Bush-era bipartisanship, pictured below:

bipartisanship

A day after the bill-signing, Charlie Savage will find, buried deep within the Federal Register, a newly written signing statement which pledges to uphold the waterboarding ban, so long as doing so doesn’t infringe upon the President’s dual role as Commander-in-Chief and head of the unitary executive branch. The story will run on page A9 of the Boston Globe, and might get a two-paragraph blurb in the Washington section of the New York Times. None of the networks will mention it.

Then, sometime in mid-February, Democrats in Congress will claim to be “troubled” and “deeply shocked” that despite AG Mukasey’s previous assurances, evidence continues to roll in that US agents are using waterboarding. There will be an angry letter from Chairman Leahy demanding that Mukasey testify on these matters before the Judiciary Committee. The White House will say no, it being inappropriate for a member of the Executive Branch to be summoned like an errand boy before Congress. The Senate will drop it in the name of compromise.

And far from Capitol Hill, at some undisclosed location, a prisoner in American custody will have water poured down his throat until he begins to drown. This will be done again and again until he tells his captors what they want to hear. To protect our freedoms.

Another one about the AG battle

Admittedly, I’m really entertained by the idea of Pat Robertson endorsing Rudy Giuliani, but that’ll have to wait until later. For now my main concern is the coming Senate vote on Michael Mukasey. As I’ve mentioned previously, Mukasey was approved by the Judiciary Committee and sent on to the full Senate for a confirmation vote. He’s certainly got enough votes to pass, so the only chance of preventing his confirmation would be a filibuster, which would only require 40 votes. And even that might be a challenge.

I realize I’ve been harping on this one, and I think it’s fair that I explain why. Now, y’all may remember this chap, who has a pretty damn good claim on the title of Worst Attorney General Ever:

gonzales

During Gonzales’s tenure as AG, it appears that the Justice Department was transformed into a wing of the Republican political machine, and ultimately collapsed in a sorry wreck of scandal and resignations. Thus, the initial reaction of the Senate to Judge Mukasey was “he can’t possibly be worse than the last guy, let’s get him in there.” This opinion was only furthered by the perception that Mukasey had stood up to the Bush Administration in the Padilla case.
Of course, as is ever the case in these things, a quick look under the surface revealed multiple causes for alarm. Now, as clear as it was (and still is) that Mukasey would not go in for the sort of partisan shenanigans that were the hallmark of the Gonzales DoJ, his record on executive authority is less than reassuring. For example, in that Padilla ruling, despite its assertion that Jose Padilla had the right to legal counsel, Mukasey made it clear that he was comfortable with the President exercising a power to declare American citizens “enemy combatants,” and arrest them without charge.

Allow me to pause a moment to explain that one. Under Anglo-American law dating back to the Magna Carta (and arguably earlier), the government can not arrest you without charging you with a crime, then granting you access to a court of law in which you can defend yourself. For a judge to concede that an executive has an inherent authority to abrogate those rights by determining that you are an “enemy combatant” (a determination which is not subject to review by anyone but the executive) is to undermine one of the founding principles of our government. So, yeah, maybe a problem in the nation’s chief law enforcement officer.

The shit really hit the fan, though, when the Judiciary Committee began to question Mukasey on the use by American intelligence agents of “waterboarding,” which the press refers to as a “controversial procedure,” and the rest of the world refers to as torture. (For an excellent take on the press’s absurd attempts to present a “debate” about the merits of torture, check out this article.) Despite constant questioning, Mukasey refused to state that he thought the practice was illegal. This caused most of the Democrats on the Committee to declare their opposition to his nomination, and suddenly things were looking up.
However, apparently Mukasey met privately with Chuck Schumer and assured him that, should the Congress pass a law explicitly banning waterboarding, he would enforce said law. Now, there are many proper reactions to such an assurance, ranging in eloquence from Senator Kennedy’s to “Whoop-de-friggin-do, we already have about a half-dozen laws against waterboarding, why don’t you enforce those?” But Schumer’s was to vote for him.

So now, short a filibuster, we’ll have an Attorney General who, while neither a partisan flack nor a religious fanatic obsessed with the breasts of Justice, will not stand in the way of a President who claims the power to imprison citizens at will, ignore Congressional statute, and torture people. Indeed, he may even actively abet such claims. This is a problem. To explain why this is a problem, I’ll turn to Senator Lindsey Graham, who (despite his support for Mukasey’s nomination) gave one of the more eloquent statements I’ve heard on these matters during the Judiciary Committee’s vote Tuesday:

The world is not short of people and countries who will waterboard you. There’s not a shortage of people who will cut your heads off in the name of religion. There is a shortage of people who believe in justice, not vengeance.

Kennedy’s thoughts on Mukasey

kennedy

I’m going to have a lot to say about our soon-to-be Attorney General later tonight, but before I head out to work, I thought I’d turn over the floor to Senator Kennedy, who had this to say:

…we are told that Judge Mukasey agreed to enforce a ban against waterboarding if Congress specifically passes one. We are supposed to find comfort in the representations by a nominee to be the highest law enforcement officer in the country that he will in fact enforce the laws that we pass in the future? Can our standards really have sunk so low? Enforcing the law is the job of the Attorney General. It’s a prerequisite – not a virtue that enhances a nominee’s qualifications.

The full text of his statement is here.

Are we electing a president, or a strongman?

Machismo, noun.

Exaggerated pride in masculinity, perceived as power, often coupled with a minimal sense of responsibility and disregard of consequences.

I bring this up not to poke fun at that ridiculous pageant on the Lincoln four years ago (entertaining as that is), but to point out the importance of machismo in the Republican primaries. (As I write this, I’m watching the King of the Hill episode in which Hank worries that Dubya’s limp handshake means he won’t be a strong enough president. Coincidence is a funny thing.) All the GOP candidates are falling over themselves to prove how tough they’ll be on Iran, or immigrants, or Guantanamo prisoners. For the most part (especially on Romney) it looks to be ordinary electoral posturing.

But for Rudy Giuliani, the tough-guy act appears to be less an election-year persona than an ingrained element of his character. To wit, the following:

[youtube]http://www.youtube.com/watch?v=6V8gbrhq3HI[/youtube]

So what we have here is two claims. One, the bit about McCain. For those who don’t know, John McCain, as a pilot during the Vietnam War, was shot down over North Vietnam, captured, and imprisoned for five years, during which time he was tortured. But hey, Rudy ran a city for eight years, so he must be better informed on the topic. Next, that bizarre bit about “there would be a lot more Mafia guys running around” if he hadn’t used “intensive questioning” on them. As several others have pointed out, this means either that he doesn’t know the difference between torture and interrogation, or that he waterboarded domestic criminal suspects.

My suspicion is that he doesn’t mind people thinking it’s the latter. After all, the current President, in his aforementioned carrier landing and his decision to keep Saddam Hussein’s pistol as a trophy, has more than a bit wrapped up in the “Great Warrior against Terror” bit. How on earth does one top that? Ah, right, imply that as soon as we do manage to capture Osama, you’ll personally be the one to strap him to a chair and apply the electrodes. And given Rudy’s place in the polls, it appears it’s working.

This is why, as much as I’d love to believe the chatter that the Christian right will bail and vote for a third-party candidate rather than the pro-choice Giuliani, I don’t really buy it. The Republicans have spent fifty years now building the President-as-Protector narrative, and don’t show any sign of abandoning it anytime soon. Indeed, it’s only gotten stronger in the last six years. Just look at how easily the President still gets his way on matters relating to foreign policy and executive power, despite having worse popularity ratings than Nixon. Congress keeps handing him blank checks for the war in Iraq, and Tuesday the Judiciary Committee gave him his Attorney General nominee. (Speaking of which, thanks ever so much for that one, Senators Feinstein and Schumer. You’re an inspiration to us all.)
After all, he’s our Protector. We were attacked (as we’re never allowed to forget), and we haven’t been since. And the real kicker? If we’re attacked again, it doesn’t mean that he screwed up and should be held accountable; it means that his hands were tied by pesky civil libertarians and terrorist-coddling lawyers. Thus, he needs more powers. And if you think it’s been bad under Bush, just consider the idea of this sort of narrative with a leader who once tried to pull a Musharraf in his municipality.

I realize how alarmist this sounds, but think for a moment about how far we’ve moved politically in the last few years. I’ve just mentioned that a Presidential candidate clearly thinks torture is acceptable, and he’s in the lead. We’re discussing an attack on Iran, and the major concern of Americans isn’t so much that we’re about to invade a country that hasn’t attacked us for the second time in four years, but that we might rush into it. Ten years ago, could you have imagined any of this? We’re not through the looking glass just yet, but it wouldn’t take much of a shove to get us there.

Cheney 101

I’m watching Cheney’s Law right now, since the Sox game prevented me from watching the initial airing, and so far it’s fantastic, there will absolutely be full posting on it in the afternoon. But while I’m watching, I think it’s a good idea to provide y’all with some background on Cheney and his influence. After all, a true ninja can not achieve victory without first knowing the battlefield.

First, the Unitary Executive Theory. This is the basis, the legal wellspring of every move Cheney et al has made toward increasing executive powers. Here’s how it works. A number of lawyers working for Attorney General Edwin Meese, back in the Reagan years, were asked to find a legal basis for pushing back against the renewed Congressional powers that came about after Watergate and the investigations of the Church Committee. Their conclusion was that the Constitution gave the President total control over the entire Executive Branch, free of any restraint by either Congress or the courts. They cited as their central piece of evidence Federalist #70, in which Alexander Hamilton argued for a unified executive.

Now, to anyone reading the piece without an agenda, Hamilton was explaining why having one President was a better idea than having, for example, a Roman-style triumvirate, not why the United States should have a totally unaccountable executive. This didn’t seem to bother Meese’s lawyers. Now those same lawyers, and their disciples, are in charge. So we have the Administration’s top lawyers, clinging to the basic Nixonian principle that (to quote the man himself) “When the President does it, that means that it’s not illegal.”

Second, the “signing statement.” We all remember our basic lessons on how a bill becomes a law, right? If not, take a moment below to refresh:

[youtube]http://www.youtube.com/watch?v=mEJL2Uuv-oQ[/youtube]

So Cheney’s boys have added another step to the process. After the President signs a law, he can attach a statement to said law, which lays out how (or whether) he plans to enforce it. For example, the McCain Amendment of 2006 (scroll down to SA 1977) prohibited “cruel, inhuman, or degrading treatment or punishment” of anyone held in the custody of the U.S. Department of Defense. However, a signing statement attached to said bill made it clear that the President has the right to ignore that ban entirely if, in his judgment, the defense of the nation requires it. Fun, right? If we’re going to run the government this way, one begins to wonder why we need Congress at all.

The final thing we’ll go over is the idea of “Commander-in-Chief,” which is clearly central to Bush’s self-image. Article II of the Constitution declares that “the President shall be Commander in Chief of the Army and Navy of the United States.” Which means, despite his constant claims otherwise, that George W. Bush is not my Commander-in-Chief. He’s my President (not that I’m happy about it), but as I’m a civilian, thus not a member of either the Army or Navy, that’s all he is. So whenever someone tells you that you should believe the President, because he’s “our Commander-in-Chief,” then unless you’re a current member of the armed forces, they’re full of it. Why does the Administration use the term so often, then, you may ask. Because commanders aren’t accountable, whereas presidents, being elected representatives, are.

Sorry to turn an otherwise relaxed site into a lecture hall, but without this background, this week’s posts won’t be nearly as interesting. And the last thing I want to do is bore y’all into catatonia in my second week here. Till next time, folks.

A proud day for the Law

I should have posted on this a few days back, but a few days back I wasn’t writing here yet, so I hope y’all can excuse the delay.

supreme court

Last Tuesday, the Supreme Court got handed the case of Khaled al-Masri, a German citizen who was suing the Administration. Now, why would a German citizen feel the need to sue the American government? Glad you asked. Turns out that in 2003, he was snatched by American agents, flown to a prison in Afghanistan, and held for a year as they interrogated him about his connections to terrorists. Turned out, of course, that he had none, and that our guys had been using their “enhanced interrogation techniques” (which totally aren’t torture, because only bad guys torture people, and we’re the good guys!) on an innocent man. Strangely enough, he’s a trifle annoyed about the situation, and decided to sue.

The case got all the way to the Supremes, who promptly decided that they wouldn’t bother to even hear the case, deferring to the Bush Administration’s claim that a public trial would expose “state secrets.” Two things came quickly to mind.

First, as far as “secrets” go… Presumably the secrets in question are the interrogation methods that were used on al-Masri, and the Administration’s claim is that if they’re revealed, terrorists will be able to prepare for them, thus thwarting our noble intelligence agents. Now, diligent journalism from all over the globe has already uncovered evidence of temperature manipulation, beatings, stress positions, sleep deprivation, religious and sexual degradation, and waterboarding. So the obvious question comes to mind: if this is already public, what sort of stuff are they doing that they think hasn’t been revealed? The mind simply boggles.

Second (and this is something I’d only just learned recently), the “state secrets” privilege in this country is based on a Supreme Court case from 1953. The families of several men who died in the crash of a test bomber sued to gain access to the accident report, in hopes of finding out what had happened to their loved ones. The government refused, claiming that releasing the report would expose important military secrets. It being the early years of the Cold War, the Court deferred to this claim and ruled against the families. Several years ago, the documents in question became public, and it turns out that there was nothing in them that could reasonably qualify as a legitimate military secret. It was the classic example of a government hiding a screwup behind the “Classified” stamp.

What this all means is pretty straightforward. The Court, by refusing to hear the case, has tacitly admitted that the government can kidnap a person, hold them against their will, subject them to treatment that any rational individual would consider torture, all without accusing them of a crime or allowing them access to counsel. And, if this person should by some miracle manage to exercise their basic rights and sue for redress, the government can simply conjure the all-purpose defense of “national security secrets” and get away with it.

magna carta

That’s the Magna Carta, the one worthwhile thing King John (yeah, the guy Robin Hood stole from) ever did. Among other things, it set down on paper the right of a citizen not to be arrested or imprisoned “except by the lawful judgment of his peers or by the law of the land.” That was almost 800 years ago.

Good thing the Bush Administration is around to protect us from such quaint medieval notions. And even better that the pesky courts didn’t try to interfere. Because if they had, the terrorists would win, and we all know that the terrorists would take our freedom away.

This is… our country?

Nothing like getting things started on an upbeat note, so here goes…

Ted Kennedy, my very own senior Senator, wrote a piece for Salon in which he discusses the Administration’s less-than-stellar record on torture. Among other things, he mentions the legislation he’s sponsoring which would clarify the law in this particular area. Please take a look at the bill (it’s short, I promise) before reading any further.

Now then. On the one hand, I think we can agree that the methods banned by this bill are good things to ban. (And just to save everyone a lot of time and bother, if you don’t find these tactics worth banning, my posts probably aren’t going to be your particular cup of chai.) The thing that disturbs the hell out of me is that one of the more prominent members of the US Senate actually has to write a bill laying out in blunt terms that these things are bad. Not only that, but that there’s a better than decent chance that this bill won’t pass, and even if it does, that the Administration will attach a signing statement and toss it down the memory hole.
If someone had told you seven years ago that Congress would soon be considering a bill the purpose of which was to make sure that American soldiers and intelligence agents wouldn’t electrocute, beat, or fake-drown prisoners, would you have believed it possible? Certainly it’s been a long time since I was naive enough to believe that America has never done anything even morally grey, let alone lousy, but I still thought there were at least a few lines we wouldn’t cross. Torturing people was one of those lines.
That’s the single reason I’m most pissed off at the current Administration, I think. Seven years ago, I had a pretty good grasp on what America meant. Now I’m not nearly as sure, and that drives me up the wall.

Fortunately enough, being driven up the wall tends to make me write, so I imagine there’ll be no shortage of posts in the near future. Hopefully they’ll be worth reading.