Reagan Prosecuted Waterboarding

If the Bush Lawyers had as their intention a good faith legal analysis of waterboarding and other EITs, then they would have found this:

George W. Bush’s Justice Department said subjecting a person to the near-drowning of waterboarding was not a crime and didn’t even cause pain, but Ronald Reagan’s Justice Department thought otherwise, prosecuting a Texas sheriff and three deputies for using the practice to get confessions.

Federal prosecutors secured a 10-year sentence against the sheriff and four years in prison for the deputies. But that 1983 case – which would seem to be directly on point for a legal analysis on waterboarding two decades later – was never mentioned in the four Bush administration opinions released last week.

"To take one example, there was a court-martial addressing the practice of waterboarding from 1903, a state court case from the Twenties, a series of prosecutions at the [post-World War II] Tokyo Tribunal (in many of which the death penalty was sought) and another court-martial in 1968," Horton said. "These precedents could have been revealed in just a few minutes of computerized research using the right search engines. It's hard to imagine that Yoo and Bybee didn't know them.

...

The failure to cite the earlier waterboarding case and a half-dozen other precedents that dealt with torture is reportedly one of the critical findings of a Justice Department watchdog report that legal sources say faults former Bush administration lawyers -- Jay Bybee, John Yoo and Steven Bradbury -- for violating "professional standards."

Notice that Reagan's prosecution is just the last in a long line of historical legal precedents.  The fact that their legal examination of this issue didn't reveal these precedents goes a long way towards proving that the reviews were conducted in bad faith - that the White House told the DOJ lawyers what they wanted, and the DOJ produced.  This system is uncomfortably close to "if the President does it, then it is not illegal."

European Vacations

This alert was just recently filed by the AP:

MADRID (AP) — Spain's top investigative magistrate has opened an investigation into the Bush administration over alleged torture of terror suspects at the Guantanamo prison.

Baltasar Garzón's move on Wednesday is separate from a complaint by human rights lawyers that seeks charges against six specific Bush administration officials.

Judge Garzon's action, which is separate from the inquiry requested by human rights lawyers against six Bush Administration officials including John Yoo, David Addington, Alberto Gonzales, and Douglas Feith, and is said to be premised upon the complaints of four individuals who claim to have been tortured while detained at Guantanamo, one of which is a Spanish citizen, along with two Brits and a Moroccan previously residing in Spain. All were accused of being members of al-Qaida in Spain, though all four were cleared

Whoa.  Remember, Reagan's Convention Against Torture establishes an universal jurisdiction - if the host country is unwilling or unable to investigate credible claims of torture, then any signatory in the world can begin an investigation, culminating in prosecution.  Perhaps this will increase pressure for us to police our own citizens, like a modern Democracy should.

Time to cancel those European Vacations, you loyal Bushies.

Torture Lies From the Past

Kudos to the NYTS for revisiting these lies:

In late 2007, there was the first crack of daylight into the government’s use of waterboarding during interrogations of Al Qaeda detainees. On Dec. 10, John Kiriakou, a former C.I.A. officer who had participated in the capture of the suspected terrorist Abu Zubaydah in Pakistan in 2002, appeared on ABC News to say that while he considered waterboarding a form of torture, the technique worked and yielded results very quickly.

Mr. Zubaydah started to cooperate after being waterboarded for “probably 30, 35 seconds,” Mr. Kiriakou told the ABC reporter Brian Ross. “From that day on he answered every question.”

His claims — unverified at the time, but repeated by dozens of broadcasts, blogs and newspapers — have been sharply contradicted by a newly declassified Justice Department memo that said waterboarding had been used on Mr. Zubaydah “at least 83 times.”

Suck on that America!

Idiocy

If you didn't know this was going to happen above Manhattan and you were in a tall office building, what would be your first thought?

That's a pretty big unforced error, Louis Caldera.  We'll see if you keep your job as Director of the White House Military Office.  Apparently Obama was furious when he was informed.  This will be a nice test of accountability in the Obama era.

It was all for a "photo op," because apparently the White House Military Office has never heard of Photoshop.

UPDATE: After the review of the incident, Louis Caldera lost his job.  Score one for accountability.

CIA: Torture Didn't Stop Any Imminent Attacks

Torture did not stop any imminent attacks on America, so there goes that argument.

The CIA inspector general in 2004 found that there was no conclusive proof that waterboarding or other harsh interrogation techniques helped the Bush administration thwart any "specific imminent attacks," according to recently declassified Justice Department memos.

That undercuts assertions by former vice president Dick Cheney and other former Bush administration officials that the use of harsh interrogation tactics including waterboarding, which is widely considered torture, was justified because it headed off terrorist attacks.

Remember, this is in keeping with the statements made recently by Robert Mueller, the Bush appointed, Republican Director of the FBI.  These illegal techniques did not stop any imminent attacks, and therefore the necessity of torture in the ticking timebomb scenario does not apply.

Pentagon Agency Called it Torture in 2002

Wow.  This is a bombshell.

The military agency that helped to devise harsh interrogation techniques for use against terrorism suspects referred to the application of extreme duress as "torture" in a July 2002 document sent to the Pentagon's chief lawyer and warned that it would produce "unreliable information."

"The unintended consequence of a U.S. policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured U.S. personnel," says the document, an unsigned two-page attachment to a memo by the military's Joint Personnel Recovery Agency. Parts of the attachment, obtained in full by The Washington Post, were quoted in a Senate report on harsh interrogation released this week.

That's damning.  Once again, we have evidence that the Bush Administration knew what they were doing was illegal and produced unreliable information.  If you know that these techniques will produce unreliable information, and you then suggest using these techniques to discover a link between 9/11 and Iraq after the invasion, then what you are doing is using torture to procure false confessions.  You are no better than the North Koreans, or any of the other torturers history has seen.  

Evidence mounts for prosecutions.

Waiting for the Attack...

If you look at Al Qaeda's timing, a striking pattern emerges which makes perfect sense in light of their strategic goals.  Remember, bin Laden said:

"We are continuing this policy in bleeding America to the point of bankruptcy. Allah willing, and nothing is too great for Allah," bin Laden said in the transcript.

He said the mujahedeen fighters did the same thing to the Soviet Union in Afghanistan in the 1980s, "using guerrilla warfare and the war of attrition to fight tyrannical superpowers."

"We, alongside the mujahedeen, bled Russia for 10 years until it went bankrupt and was forced to withdraw in defeat," bin Laden said.

He also said al Qaeda has found it "easy for us to provoke and bait this administration."

Al Qaeda thinks they won the Cold War, thank you very much!

In order to achieve these goals, they need reactionary, traumatized Presidents.  Therefore, they strike at the beginning of President's terms.  They were founded in 1990, and their first attempt to destroy the World Trade Center came in 1993, at the beginning of Clinton's term.  Clinton dealt with the pressure brilliantly - prosecuting and imprisoning those responsible.  Who knows what his reaction would have been if they had succeeded in bringing down the tower, however.

Bush, we all know, watched as 9/11 occurred 20% into his first term in office, and he did not handle it nearly so well.  He played right into bin Laden's hands, giving him the economically draining and Muslim-radicalizing war he wanted.

So, the question is, when is Obama's attack scheduled?  It'll come in the first year, if the pattern holds.

... Unless, of course, the terrorists see what I do in this young President.  I don't think he'll play into their hands the way our Cowboy President did, so they might be better served in waiting to attack in Q2-Q3 2012, thereby removing him from office in the elections.  If I were them, that's what I'd do.  Obama is never going to serve their strategic goals.

Gingrich the Obama Negation Machine

Here's Newt Gingrich, lying furiously:

You have Obama nominating Judge Hamilton, who said in her ruling that saying the words Jesus Christ in a prayer is a sign of inappropriate behavior, but saying Allah would be OK. You'll find most Republican senators voting against a judge who is confused about whether you can say Jesus Christ in a prayer, particularly one who is pro-Muslim being able to say Allah.

Tomasky does an excellent job documenting what actually happened:

Naturally, it's all a lie, but as I said, even I was shocked at how rancidly despicable a lie it was.

It's a great read.

It seems like Newt has taken this whole "bright lines between the parties" thing a little too much to heart.  He seems to be nothing more than a universal Obama-Negation machine.  If Obama is for it, Newt is against it, even if he was for it just 3 years ago.  His political persona has devolved into one of unthinking, reflexive opposition to a President that is governing with a substantial electoral and public approval mandate.  

I guess someone's gotta do it, huh?  It might as well be someone that will never run for President.

RedState Checkin

Here's an interestingly dumb story from Redstate:

LATimes: Obama’s New Muslim Appointment is Hope… for Egyptians?

I will begin this right at the top by saying that I don’t care a whit if the appointment of any American official brings hope to Egyptians. After all, an American official should be concerned with America’s interests not Egypt’s.

...

However, apparently the L.A. Times thinks that it is germane to U.S. interests that Egyptians are “rejoicing” that President Obama has appointed a female American Muslim to his administration. In, “Muslim woman’s appointment as Obama advisor draws cautious optimism” from April 22, Noha El-Hennawy is reporting from Cairo that Egyptians are happy with Obama’s purported outreach to Muslims.

Oh yes, I agree with Red State!  In a war against a decentralized, stateless enemy who relies on radicalizing Muslim youths to fill their ranks, there's absolutely no point in America making those Muslim youth's feel better about America.  Indeed, as RedState tells us, how Muslim youths feel about America isn't "germane to U.S. interests."

What a bunch of toolbags.

Zelikow the Good Guy

I am unaware of Philip Zelikow's broader history, but perhaps if I was better read this wouldn't come as a surprise.  Zelikow says that not only did he urge the Principles not to approve a torture program, but all known copies of his dissenting memo were collected and destroyed.

At the time, in 2005, I circulated an opposing view of the legal reasoning. My bureaucratic position, as counselor to the secretary of state, didn't entitle me to offer a legal opinion. But I felt obliged to put an alternative view in front of my colleagues at other agencies, warning them that other lawyers (and judges) might find the OLC views unsustainable. My colleagues were entitled to ignore my views. They did more than that: The White House attempted to collect and destroy all copies of my memo. I expect that one or two are still at least in the State Department's archives.

The Bush Administration knew what they were doing was illegal, and they went about destroying evidence of that fact.

The Leader is the One Man that Cannot be Criticized

Chalk up another elected GOP official prostrating himself before Rush Limbaugh for daring to suggest Rush isn't the leader of the GOP:

Last week, Rep. Todd Tiahrt (R) of Kansas was asked whether Rush Limbaugh was the "de facto leader of the GOP." Tiahrt rejected the idea out of hand, telling the Kansas City Star, "No, no, he's just an entertainer."

This is, of course, the one line elected Republican officials are not supposed to cross. Limbaugh is to be revered, not dismissed. It took a couple of days, but as Amanda Terkel noted, Tiahrt's office is now anxious to let everyone know how much the congressman loves the right-wing blowhard.

Asked about the episode and resulting Web buzz, Tiahrt spokesman Sam Sackett said Tiahrt was not speaking negatively about Limbaugh but was trying to defend him against the suggestion that Limbaugh could be blamed for the GOP's woes.

"The congressman believes Rush is a great leader of the conservative movement in America -- not a party leader responsible for election losses," Sackett told The Eagle editorial board. "Nothing the congressman said diminished the role Rush has played and continues to play in the conservative movement."

Ha!

Steve Bennen helpfully provides us the growing list of of grovelling members of the GOP:

For those keeping score at home, this is reversal #5 for Republicans who've been critical of Limbaugh recently. Rep. Phil Gingrey (R-Ga.) groveled for Rush's forgiveness in late January, and Gov. Mark Sanford's (R-S.C.) office quickly backpedaled after the governor said, "Anyone who wants [President Obama] to fail is an idiot." RNC Chairman Michael Steele, of course, humiliated himself in early March, and a couple of weeks later, Jim Tedisco, the Republican candidate in the special election in New York's 20th, felt compelled to backpedal after saying Limbaugh is "meaningless" to him.

I can't think of anyone else in the GOP that can't be criticized... can you?

Obama on Accountability and the Rule of Law

It was just incredibly disapointing when Rahm Emanual,  Obama's Chief of Staff and virtual co-President, said that not only weren't we going to investigate those who carried out torture, but we would also leave the architects of the program uninvestigated.

On Sunday, Rahm Emanuel, the White House chief of staff, said on the ABC News program “This Week” that “those who devised policy” also “should not be prosecuted.” But administration officials said Monday that Mr. Emanuel had meant the officials who ordered the policies carried out, not the lawyers who provided the legal rationale.

And while Mr. Obama vowed not to prosecute C.I.A. officers for acting on legal advice, on Monday aides did not rule out legal sanctions for the Bush lawyers who developed the legal basis for the use of the techniques.

That's bad.

It's going to be an interesting three years for those of us on the Constitutional Left.  We need to keep in mind that Obama is a strategist who plays long ball, and as such we have to be aware that there are more pressing priorities at the moment than accountability for the Bush Administration.  We've all seen the graphs comparing this downturn with historical recessions - the graphs where we're giving the Great Depression a run for its money in GDP and employment terms.  This is a legitimate global crisis, and it must be fully addressed before taking on anything that might cause partisan gridlock.  Heck, just passing a Stimulus Plan that made macroeconomic sense was a process rife with partisanship.  Imagine trying to get those three Senate votes after prosecuting George W. Bush as a war criminal?

The same applies to Don't Ask Don't Tell, by the way.  We have serious, huge legislation to pass, and then we can hit the partisan stuff.

My Sense of Humor

Needless personal blogging time:  I've loved Groucho since I was a little kid.

Those are some of his best one liners.  I love it.

Redirecting the TeaBaggers

Hey, Teabaggers... want to do something useful? Look through this nifty map of the Federal Budget and tell us what to cut!

Aside: isn't it funny that the Tax Protesters were nowhere to be found during the Bush Presidency?  And they main thing they're protesting - the "socialist" bailouts - were began under Bush!  Remember, you never heard that Bush was anything but a Conservative Lion until late 2006, when it was clear the Republicans were going to get obliterated in the midterm elections because of their lockstep ties to the former President.  What this says about the real motivation behind the protests is not pretty.

Teabagging Subverted

Interviews in TeaBag land:



Well done, buddy.

Beck the Secessionist

Beck, in his own words:

You can’t convince me that the Founding Fathers wouldn’t allow you to secede.

The Constitution is not a suicide pact, and if a state says: ‘I don’t want to go there, because that’s suicide, they have a right to back out. They have a right — people have a right to not commit economic suicide...

...Texas says go to hell, Washington, which by the way has been said before. I believe it was Davey Crocket...it’s about time that somebody says that again."

I think that this issue might be considered settled after the little thing called the Civil War.

Gingrich Bites it on the Pirates

Gingrich jumped the gun on this one, hoping for Black Hawk Down:

I just got off the phone with a military expert and former Army Ranger who supports Republicans and Dems, and he hammered Gingrich and conservative media figures for criticizing Obama, saying that the Commander-in-chief deserved "respect" while a sensitive operation was unfolding.

"I would hope that they’re feeling a little silly today," said the expert, Andrew Exum, a fellow at the Center for National Security Studies. "It’s bad form. You don’t make this a partisan issue until an operation has been assessed. It’s fair game ex post facto. But during the emergency, I think that our elected leaders deserve our respect."

Gingrich whacked away at Obama’s handling of the standoff on Twitter over the weekend, saying it made us "look weak." The Wall Street Journal editorial page, Rush Limbaugh, and Glenn Beck also targeted Obama.

Exum, who advised Obama during the campaign but who also supports Republicans, hinted that the criticism bordered on unpatriotic. "If Glenn Beck loves his country as much as he alleges, he should hold his tongue when elected leaders on the ground are dealing with a very difficult situation."

What a tool.

Beck Loves Vampires and Militias... and McVeigh?

If you've been watching Glenn Beck, then you know he's obsessed with Vampires sucking the blood of the innocent, by which he means the horrible atrocity that is a Government financed by tax revenue.  It's violent commentary - literally blood soaked.  If you think he's just weird enough to make it all up on his own, you can be forgiven, but it turns out to have a more storied pedigree:

There you see Operation Vampire Killer, where this rhetoric got it start.  It's proudly displayed next to the Militiaman's Handbook at a militia convention.  See if this sounds familiar:

We in America, Officers and private citizens alike, are fortunate that at this moment in our history we can still LAWFULLY EXTERMINATE these parasitic Global Blood Suckers by placing numerous "STAKES" made of words, paper, pen, and hard work through their hardened hearts.

[…]

Very soon, if we do not stop these world government proponents, and install in places of leadership honorable men and women, all military, national guardsmen and officers of the law will be used as the "enforcement arm" to guarantee a full complement of "volunteers" for these imperialists' "peaceful" socialist global society.

Beck talks about driving stakes through the hearts of the government vampires all the time.

This dovetails nicely with the reading McVeigh did before committing his heinous act of terrorism:

Mr. McVeigh's reading, which he pressed on his sister, Jennifer, among others, also included Spotlight, the newsletter of the anti-semitic Liberty Lobby, Patriot Report, a far-right Christian identity newsletter that would later declare the Oklahoma bombing a plot by "the real hate groups," namely the F.B.I. and the Bureau of Alcohol, Tobacco and Firearms, to crack down on armed paramilitary groups, and a strange document titled "Operation Vampire Killer 2000."

Written by Jack McLamb, a former Phoenix police sergeant, it seeks to enlist police and military personnel against "the ongoing, elitist covert operation which has been installed in the American system with great stealth and cunning." It continues, "They, the globalists, have stated that the date of termination of the American way of life is the year 2000."

When the nuts amongst their followers take this rhetoric to its unavoidable conclusion, people like Beck, Hannity, Limbaugh and O'Reilly will scream bloody murder at the merest hint that they have some blame in the matter.  But clearly, they have created the climate for this violence.  They must take some responsibility.

Obama Supports Bush Habeas Revokation?

The NYT is reporting today that Obama will continue the Bush Administration's legal position on the rights afforded to detainees at Bagram Airforce base in Afghanistan.

Listen, I've said this before.  We're in a strange time.  A time when the problems with our form of government have been laid bare by the lawlessness of the Bush Administration.  They hired yes-men lawyers who told them exactly what they wanted to hear, thereby giving the color of law to their flagrant criminality.  From Torture to Wiretapping to Habeas Corpus, the Bush Administration was able to claim (and have their minions loudly repeat) that what they were doing was legal.  Although it wasn't really new ground, 9/11 made it seem like it was, and that was enough to muddle the field.

As perverse as it sounds, Obama needs to continue these policies.  Obviously, the clear law of the land wasn't enough to dissuade a President who seeks to lacerate the Constitution, so how then can we ensure they don't happen again?  Rulings from the Supreme Court, that's how.

RightWing Thinks US Military is Omnipotent

That's right, nothing is too difficult for those amazing men and women from the United States Armed Services!  RedState had this crazy stuff to say about what Obama should have done with the pirates:

On Friday, April 10, as the standoff reached the end of its third day, I called on President Obama to take action to free the American hostage from his Somali captors. I outlined three possible operational tactics that could be used to do so; number 1 was the following:

http://www.redstate.com/diaries/redhot/#post-2394

(1) 2 helos, 2 snipers each: pop the [pirates] in their heads, then drop a rescue swimmer to escort the hostage up to one of the choppers. This works best if the hostage is aware of what is happening and can help without getting in the way — say, by hopping overboard as the gunships near, to divert attention and get out of the line of fire.

(This was written before the USS Bainbridge tethered the life raft to its stern, an action which eliminated the need for helicopters.)

Really?  Apparently, there's no concern that four separate snipers would be able to put a single round each into the heads of the pirates from a moving helicopter.  Apparently, they could accomplish this simultaneously and without the pirates knowing they're coming (easy when approaching by helo), maintaining surprise so as to protect the hostage.  All of this is not only possible, it's so likely to succeed that the President was some kind of spineless weakling for not jumping at the opportunity to give the order.

Interestingly, even in this expert-level marksmanship competition featuring shots from helo, they're still using fully automatic weapons and they're lucky to put the rounds within 5 feet of their target.  I'm sure hitting an 8inch target is just a walk in the park for our military.