2012 May 21 |
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http://www.theatlanticright.com/2009/03/31/torture-not-a-core-conservative-value/
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waterboarding-2New PoliGazette contributor Eric Martin starts his career with a bang today, arguing that Gen. David Petreaus’ comments against torture make him an unlikely prospect for the Republican presidential nomination.

Of course, it is way too early to speculate on Petreaus’ actual intentions or the shape of the 2012 primary field. Other than retreads from 2008 like Palin and Romney as well as a couple of rising stars like Jindal and Pawlenty, it is not even possible to speculate usefully about who might be running. And as former Gulf War star Gen. Colin Powell showed, the road from successful war-time commander to political candidate is often not as direct as many people assume at the time.

But it is worth taking a moment to question Eric’s presumptions that torture is some kind of core value for conservatives, against which dissenters cannot cross the line and still achieve the party’s presidential nomination. To be sure, such issues do in fact exist for both parties. For example, pro-life Democrats are denied even the right to speak at the party’s national convention while pro-choice Republicans fare little better at theirs. It is difficult to conceive of a candidate that dissents from his or her party’s abortion position ever receiving the presidential nomination. Democrats would likely add seemingly unlimited support for unions to that list and Republicans would have to add support for seemingly endless tax cuts.

But torture is not on that list.

It is worth remembering that one of the Republicans’ harshest critics of torture and sponsor of a major piece of legislation barring the use of torture was also the party’s 2008 Presidential nominee, John McCain. And McCain’s personal connection to the torture issue cannot be ignored. Yet somehow, Eric manages to go through his whole argument about conservatives alleged reflexive and mandatory love for torture and its effects without even mentioning the 2008 Republican presidential candidate. This is a curious omission. And while it would have been fair to point out that McCain’s anti-torture position was de-emphasized badly during the campaign, it doesn’t seem quite fully honest to simply blow past his involvement in the issue without a mention while claiming that conservatives love torture so much that they would probably refuse to nominate anyone who said it was contrary to our values like Petreaus did.

I also think that Eric errs by ripping the 2008 election out of context and applying its rhetoric presumptively to the 2012 contest. Democrats made the centerpiece of the election not McCain, but Bush. And some Republican candidates like Romney went clumsily overboard trying to use the old “Democrats are weak on defense” card, thus forcing them to extreme positions when Obama inconveniently refused to oblige them by being sufficiently milquetoast. To assume that Republicans would repeat their errors may be plausible, but it is far short of assuming that those errors are indications of conservatives’ core beliefs that are closed off to modification or compromise.  It is likely that new issues will arise by 2012 (the bailout economy, anyone?) and old issues will be interpreted and pursued in new ways.  It is rather narrow to assume that 2008=2012.

The equation of torture and conservatism relies on stereotype more than an accurate reflection of conservatives’ core beliefs. Yes, it is true that several conservative candidates made statements endorsing Gitmo and even waterboarding, but actually talking to conservatives (instead of simply taking as truth whatever some ThinkProgress or Newshoggers writers say about them) shows a slightly more nuanced interpretation. In short, even conservatives who endorse waterboarding would say that they oppose torture, simply because they do not agree that waterboarding is torture in the first place. While I disagree with their argument (anyone who has experienced drowning first-hand would, in my opinion), it is not completely unfounded. At the point that waterboarding is included in the training of U.S. soldiers, airmen, and covert ops agents, it seems as least open to question whether it is torture in the same sense as tearing someone’s fingernails out with pliers.

In fact, the more one talks to conservatives on this very issue (and I have had great opportunity to do so both online and in classrooms), the more one finds that any apparent embrace of torture is really an emotional reaction to the despicable nature of al-Qaeda as an enemy. It really just boils down to a belief that somehow they don’t deserve basic legal and civil rights. I strongly disagree with that position, but it is not impossible to understand as an emotional reaction. And when they are forced to think and talk about it in detail, they almost always weaken their position, especially when confronted with talk about the real values of conservatism as well as the values of Christianity that underlie much of conservatism. But Eric’s characterization does not seem to comprehend these aspects of conservative culture.  If it is only a lack of exposure, we can hope Eric’s presence at PoliGazette can help him come to at least a more complicated critique of conservatism.

There is much that is ill in conservative political culture these days. For example, they seem to have internalized a mirror image of the culture of reflexive opposition that dominated the left during the Bush administration and the result has left them continuing to wander in the wilderness politically. And many conservatives continue to conflate religious dogma with public policy that makes it difficult for them to compete politically, particularly among more secular and socially tolerant (even indulgent) younger voters. Conservatism has difficult struggles ahead.

But Eric’s claim that conservatives endorse torture as a mandatory position among their candidates is simply not true.

  1. Posted by pmorlan
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    pmorlan I always thought that torture was not a core conservative value, as your piece states, but yet I haven't been able to find very many conservative authors online who have challenged the Bush administration torture program. If you aren't challenging torture then aren't you basically allowing it to be adopted as a conservative value? I've read a few pieces by Bruce Fein, a piece at the Cato Institute website and one on the John Birch Soceity website and I saw the recent William Sessions piece in the Washington Post. Do you have any links to other pieces where conservatives have challenged torture that you could share? Thanks.
  2. Posted by FraidyKatt
    | Quote | Trackback | Link #88742
    FraidyKatt It's rather pointless to go over the torture deal again and again and again. Why are the democrats who screamed that Bush or Reagan was destroying the country and our grandchildrens future with massive deficits now not condemning Obama but rather supporting him? Why did the conservatives defend Bush against those screaming that Bush tortured? Its all partisan hackery. We do not want to think our own personal chosen one (Be it Bush or Obama) is capable of messing up or if he is give him a break and if you wont then your a hack who just wants to complain. The country had a debate that lasted for a long time over what constitutued torture. The prevailing opinion of Bush's lawyers was that what the CIA et all was allowed to do was not torture. So they went ahead. The world disagreed. I think even conservatives now agree that perhaps they stepped over the line on a few occassions. The opponents believe Bush tortured everyone in site for years and that he was worse then Hitler. Conservatives defended this. They did not defend torture as much as they defended Bush from liars. Why hasnt these same democrats screamed the same slurs and insults against Obama for wanting to double yet again the deficit? Partisan hackery. Because both instance seem to lack an ounce of wisdom.
  3. Posted by pmorlan
    | Quote | Trackback | Link #88751
    pmorlan FraidyKatt, I agree that a lot of the discussion surrounding this issue was pure partisanship but a lot of it wasn't. But I disagree with you that conservatives were defending Bush against lies more than defending torture. Sadly most of the pieces I saw where they defended Bush they also came out and specifically defended torture. And if the Bush administration tortured and you defend them aren't you indirectly defending torture? How do you separate the two? In looking at the available evidence online I'd say that the Bush administration stepped across the line a whole lot more than just a couple of times and that a lot more conservatives need to be joining the chorus to have this investigated or end up being joined at the hip with this issue. I also think Obama is MIA on this issue. He is resisting this investigation because of politics (and the media is letting him get away with it) when he should be focusing on what's best for our country. I mean how embarrassing to have Spain investigate our torture just because we won't. I think conservatives need to start calling out Obama for ignoring this issue and maybe then torture won't be seen as a conservative value like it is today.
  4. Posted by FraidyKatt
    | Quote | Trackback | Link #88752
    FraidyKatt pmorlan I followed the debate quite closely myself and I really think it was an issue that was not clearly defined. Is sleep depravation torture. Waterboarding. Playing loud music. Most conservatives I know started out with kill the SOBS then moved from well maybe to yeah but........to dang you might be right. I think the only real concession is waterboarding and for that Im not sure how many were water boarded but it was not many. But the debate for years is what shaped the ultimate outcome I think. In the beginning it was as if the Democrats simply wanted to paint Bush as Hitler without even having the debate first. Same thing is holding true with abortion, gay rights. etc...etc. We as a nation need to debate it, test it, check it against values and ultimately decide as a nation what is right and what is not. While the debate raged......so did the hackery on both sides. Even now the tables are turned and those same Dems are defending gigantic deficits and accusing the GOP of "the part of NO" etc...etc...
  5. | Quote | Trackback | Link #88753
    Jason Arvak I think that anyone who is fair-minded will concede that most of the cross-partisan debate over torture was a debate over definitions. What specifically qualifies as "torture"? I generally agree with the liberal arguments in the definitional debate more than the conservative ones, but to accuse conservatives of specifically and intentionally supporting "torture" skips past the definitional debate by assuming it away and, on top of that, assuming conservatives share liberals' definition and support "torture" anyway. And I don't think that is a particularly honest or respectful foundation for any debate on the topic because it is fundamentally a dishonest representation of how conservatives see their own argument. And that is why I objected to Eric's framing. Disagreement and criticism based on ACTUAL disagreements is perfectly fair. Disagreement and criticism based on a misrepresentation, distortion, or exaggeration of what the other side is actually arguing is not. And while that sort of thing may be welcomed on other sites that embrace one side of the partisan divide, I would like to think that we at least try to present something different and better from that here.
  6. Posted by pmorlan
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    pmorlan FraidyKatt, I agree with you that on abortion, gay rights, etc. our country needs to have that debate but unfortunately our politicians really don't want that to happen. Both sides benefit nicely ($) from keeping everyone at each others throats. Unfortunately for conservatives the extremists on both sides were the ones that spoke the loudest. You had some of the people on the left who immediately shouted Hitler but then you had some extremists on the right who started making crazy comments about how it's good to torture. People calling themselves conservative were out there and still are out there today arguing that waterboarding isn't torture. I mean you would have to live under a rock or just playing games not to know that waterboarding is torture. The sleep deprivation, playing loud music, stress position, etc. don't sound too bad but then again they can all be torture depending upon how you use them. And from what I've read it looks like we pushed the envelope on all of them. If they weren't torture then they most certainly were cruel treatment. This thing is unraveling more and more everyday so I really hope to see more conservatives speaking out on this issue like Jason Arvak did in this piece. Have you seen any other anti-torture pieces by conservatives where you can post a link?
  7. Posted by pmorlan
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    pmorlan @Jason Arvak Jason, are you worried that the public has come to believe that Republicans represent the torture party even though the vast majority of Republicans really aren't for torture?
  8. | Quote | Trackback | Link #88757
    Jason Arvak
    This thing is unraveling more and more everyday so I really hope to see more conservatives speaking out on this issue like Jason Arvak did in this piece. Have you seen any other anti-torture pieces by conservatives where you can post a link?
    I can't think of very many right off the top, but I would ask that you consider the reciprocal fact that there are very few liberals going out of their way to acknowledge the legitimate definitional ambiguities in the definitional debate over "torture" either. Unfortunately, the "torture" issue is dominated on both sides by partisans who perceive any attempt to recognize the other sides' arguments as a sign of weakness. Thus, they avoid it because it is a partisan war they are playing, not a real discussion. But that doesn't mean that conservatives actually endorse "torture". To whatever extent they are perceived as doing so, it is because their enemies have been somewhat dishonest in characterizing their position as a tactic in the partisan war. You really want to reward that? P.S. Michael van der Galien is a conservative and he has unequivocally condemned torture while making a similar point to mine about the problems with the definitional debate being too quickly assumed away. Here is another. And another. And of course I am worried about it. That is why I am doing what I can to correct the record. I do not believe that anyone -- even people I disagree with -- deserve to be condemned based on distortions and misrepresentations of their arguments.
  9. Posted by pmorlan
    | Quote | Trackback | Link #88764
    pmorlan Thanks for the three links Jason. I especially enjoyed the first one. I too would like to see exactly what Pelosi, Harmon, Rockefeller and others Dems. knew about waterboarding and other interrogation techniques. I have a feeling there is a lot more to that story than they are saying. I guess I wasn't clear enough in my request. What I'm really trying to find are pieces where conservatives, who are against torture, actually challenge what the Bush administration has done. I've read quite a lot of government documents online that really indicate to me that we clearly tortured our prisoners but the majority of pieces that I've found challenging this are from the left except for a few notable exceptions. Surely with the majority of conservatives not being for torture there must be many, many more pieces out there. I'd like to read them and be able to pass them along to friends. I've argued many times that this is not just a "liberal" issue and that there are many conservatives who are calling for investigations but I have only a few pieces that I can link to to show this.
  10. Posted by pmorlan
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    pmorlan Oops. I forgot to include my question to you about the definitional issue you mentioned. I'm not quite sure I understand? Are you talking about that some people don't consider waterboarding torture? Is that what you mean?
  11. | Quote | Trackback | Link #88771
    Jason Arvak
    I guess I wasn’t clear enough in my request. What I’m really trying to find are pieces where conservatives, who are against torture, actually challenge what the Bush administration has done.
    I don't know of any off the top of my head. But I would emphasize that I don't think the demand is fair because (1) it ignores the definitional debate (yes, including people who sincerely do not consider waterboarding to be torture) and (2) it ignores the hyper-partisan atmosphere within which conservative bloggers are forced into a siege mentality where any concessions are perceived as a sign of weakness by merciless leftist attack dogs. Basically, you aren't going to find any more conservative bloggers who will go out of their way to criticize the Bush administration by granting the legitimacy of liberal accusations than you will find writers on HuffPo or ThinkProgress who will go out of their way to criticize the Obama administration by granting the legitimacy of conservative accusations. Also, even conservations who object to Bush administration policies and agree that they crossed the line might oppose partisan investigations that would range MUCH further afield and would amount to criminalization of policy differences. Again, this is the inevitable consequence of the hateful partisan environment that leftists in the blogosphere have had a dominant role in constructing.
  12. Posted by Marcus
    | Quote | Trackback | Link #88792
    Marcus I'm going to note for the record that waterboarding is torture. We prosecuted Americans for war crimes during the Phillippines war and we prosecuted and executed Japanese war criminals for the same thing. We have public statements from the participants, including Cheney, we have videos, there's testimony from the Red Cross, the FBI and other sources. It's akin to charging Jack Ruby with killing Lee Harvey Oswald. Two things seem to be holding back any prosecution. Republicans wanting to cling to power. Democrats wanting to cling to power. Which means nothing gets done and that later on, some years down the line, we will torture again. BTW, McCain essentially voted against an outright ban on waterboarding. The anti-torture section of the Intelligence authorization bill in Feb 2008 read... "No individual in the custody or under the effective control of an element of the intelligence community or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations" McCain voted to filibuster the bill, one of 45 GOP votes against cloture. To me he's a damn hypocrite looking after his own political ass.
  13. Posted by Interested
    | Quote | Trackback | Link #88793
    Interested
    Marcus : I’m going to note for the record that waterboarding is torture. We prosecuted Americans for war crimes during the Phillippines war and we prosecuted and executed Japanese war criminals for the same thing. We have public statements from the participants, including Cheney, we have videos, there’s testimony from the Red Cross, the FBI and other sources. It’s akin to charging Jack Ruby with killing Lee Harvey Oswald. Two things seem to be holding back any prosecution. Republicans wanting to cling to power. Democrats wanting to cling to power. Which means nothing gets done and that later on, some years down the line, we will torture again. BTW, McCain essentially voted against an outright ban on waterboarding. The anti-torture section of the Intelligence authorization bill in Feb 2008 read… “No individual in the custody or under the effective control of an element of the intelligence community or instrumentality thereof, regardless of nationality or physical location, shall be subject to any treatment or technique of interrogation not authorized by the United States Army Field Manual on Human Intelligence Collector Operations” McCain voted to filibuster the bill, one of 45 GOP votes against cloture. To me he’s a damn hypocrite looking after his own political ass.
    sad thing is you probably believe that garbage Marcus. You could lend credibility to posting McCain's response to it, and also while you're at it - find Hillary's or Obama's votes on it will you? Oh wait - they didn't bother to show up.
  14. Posted by FraidyKatt
    | Quote | Trackback | Link #88806
    FraidyKatt Andrew Sullivan claimed to be a conservative and he was abhorred by torture. Jeff Jacoby is a conservative who bloggs and writes for the Boston Globe wrote: http://www.boston.com/news/globe/editorial_opinion/oped/articles/2005/01/30/saying_nothing_is_torture_in_itself/ There were others in a google search however once again the debate did not really revolve around "IF"torture is acceptable. Most Conservatives would say no. In the context of the timeframe of the debate we have a number of points of contention. 1. Wheres the evidence? We have a few antiwar, far left people claiming they have evidence. Conservatives were skeptical and laughed it off. Obviously as the evidence began to mount the shake offs became harder to do. 2. What is torture. The geneva convention is against torture. However the debate was about what constitutes torture. Those opposed were pretty liberal with what WAS torture. Conservatives then were painted as pro torture because they did not believe that every definition put forth by the liberal anti torture crowd was correct. 3. The defense of GWB and his administration was very obviously driven by a political agreement with the current administrations direction. Thus whenever someone would criticize them it was always seen in the context that the democrats were simply using this for a chance to grab back power. Aka the democrats voted 76-24 to go to war with Iraq.....They knew what that vote meant....they claim they did not but they knew it was a vote for war. When the antiwar began picking up the least bit of steam they jumped off the band wagon and by the time Hillary Clinton ran for president she was the only democrat to ever vote to go to war in Iraq. 4. When confronted with tough times or challenging times this nation always debates the issue for many months if not years and up to decades because that is how long a conservative nation such as America takes to change its policies. We make mistakes and we as a nation normally learn from them and fix them. The torture episode is nothing more then this facet of our society kicking in. So in the context of do conservatives believe in torture or are they pro torture. Not only no but hell no. The debate was never about were the prisioners subjected to less then stellar imprisonment but rather were they tortured and once again that was always the debate. What....WHAT constitutues torture. For a Liberal denying them a Koran was torture. For a conservative denying them a Koran was justifiable. Does that make Conservatives evi? Not in my opinion.
  15. Posted by pmorlan
    | Quote | Trackback | Link #88815
    pmorlan @Jason Arvak I’m not demanding anything. I just asked if you knew of any conservative authors who wrote any pieces challenging the Bush administration on torture. As I said I’ve run across a few pieces but I’d like to read more because those pieces provide clear evidence that those conservatives don’t support torture because they stand on principle and don’t succumb to the “siege mentality” by making dishonest arguments about definitions of torture in order to avoid making concessions that they think will be perceived as a sign of weakness. It’s a real shame that so many conservatives are falling into the trap of treating this as a partisan issue when it’s a non-partisan rule of law issue that everyone should support. It seems to me that when conservatives don’t challenge what the Bush administration did wrong because of political considerations they actually allow the very people on the left who are using this as a partisan issue to trap them into making it look like ALL conservatives support torture when the majority of them don’t. In my eyes the choice by conservatives to continue to make this a partisan issue by treating it as one puts them on the losing end of the stick. If they would just stand up for their own principle and condemn what happened they could immediately short circuit the argument of those who have twisted a non-partisan issue into a partisan weapon to tar all conservatives. I’ve seen a lot of pieces defending Obama’s handling of the torture issue by people on the left. They make excuses for Obama’s use of the same extra Constitutional devices that Bush used just like most of the conservatives continue to defend Bush. Both of these groups are dishonest. But I’ve also run across a lot of pieces critical of the way Obama has handled the torture issue from people on the left and that’s what’s missing from the conservative side. Conservatives must stop defending the indefensible out of fear that some loony tune will score some short term political point. They must be honest and come out strongly against what the Bush administration did because they too feel it was wrong. Once that happens then we can begin to have an honest debate.
  16. Posted by pmorlan
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    pmorlan @FraidyKatt FraidyKat, I agree that initially it was understandable for conservatives to want to defend Bush against what they saw as a political attack. But as you say when the evidence began to mount conservatives started to realize that this wasn't just a political attack. Oh sure you still have people out there who are using this strictly to score political points but there are many more who are just plain horrified about what happened. They are people who would be saying the same things even it were a Democratic president because they recognize that this is a rule of law issue and not a partisan - conservatives are all bad issue. In fact, a lot of the people who are most disturbed by this issue have been pounding Obama relentlessly for not initiating a criminal investigation into obvious crimes. As I shared with Jason, I think conservatives can put an end to the partisan argument by merely standing up for their own principles. They should quite simply condemn what occurred. Once they do that they take the air out of the partisan circus and we can begin to have a serious discussion about how we go forward and how we prevent something like this from every happening again.
  17. Posted by pmorlan
    | Quote | Trackback | Link #88819
    pmorlan Hey I just want to say that when I found this website yesterday doing a google search about torture I had no idea what to expect. But I have to tell you that I've really enjoyed the conversation here. While we have some differences of opinion, it's been great that we are still able to express our opinions without being attacked. And that's a good thing.
  18. Posted by pmorlan
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    pmorlan @FraidyKatt FraidyKat, thank you so much for the excellent Jacoby piece. I hadn't seen that one and he is basically saying what I'm saying (he says it much better LOL). This is what we need to see more of in the press. Here is a snippet from the Jacoby piece for everyone: "As regular readers know, I write as a war hawk. I strongly support the mission in Iraq. I voted for President Bush. I believe the struggle against Islamist totalitarianism is the most urgent conflict of our time. But none of that justifies the administration's apparent willingness to countenance -- under at least some circumstances -- the indecent abuse of prisoners in military custody. Something is very wrong when the Justice Department advises the president's legal adviser that a wartime president is not bound by the international Convention Against Torture or the US laws incorporating it. Or when that legal adviser tells the Senate, as Alberto Gonzales did last week, that ''there is no legal prohibition under the Convention Against Torture on cruel, inhuman, or degrading treatment with respect to aliens overseas." If this were happening on a Democratic president's watch, the criticism from Republicans and conservatives would be deafening. Why the near-silence now? Who has better reason to be outraged by this scandal than those of us who support the war? More than anyone, it is the war hawks who should be infuriated by it. It shouldn't have taken me this long to say so."
  19. Posted by C Stanley
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    C Stanley pmorlan: Daniel Larison would be a good example of a conservative who has been very critical of the Bush administration on torture and other issues. And then there's Rod Dreher. And finally, you might want to read Ross Douthat's explanation of his own muddiness on the issue, despite a desire for moral clarity (his opinion is quite similar to my own.)
  20. Posted by FraidyKatt
    | Quote | Trackback | Link #88827
    FraidyKatt Also pmorlan you continue to tell us we should be abhorred by the Bush administration when once again even the "what constitutes torture" debate has not been fully resolved. If we follow the Liberal antiwar version then we can be assured we will never take another prisoner again that will not be tortured because honestly when you whittle it down it seems to be that unless our POWS's are treated better then Donald Trump at the Taj Mahal then we are torturing. This has and always will be the problem with the left or the antiwar crowd who want to try Bush as a war criminal. Given the context of that Barak Obama has killed innocents in Pakistan and even his own generals were sent to investigate and agreed, do we now try Obama as a war criminal? This is the debate. Giving in to an extremely liberal definition is going to get us into more trouble then deciding on a much more conservative definition. As it stands now. If we accept the far left, antiwar version of torture and war crimes then Barak Obama is next because those are the same people who are demanding Israel be tried for war crimes by launching a rocket and killing terrorists but accidently taking out innocents in the process. Obama as commander in chief has done that exact same thing. Is Obama next?
  21. Posted by Tully
    | Quote | Trackback | Link #88830
    Tully Something is very wrong when the Justice Department advises the president’s legal adviser that a wartime president is not bound by the international Convention Against Torture or the US laws incorporating it. Problem being that the statement there lacks qualifying specifics, and the contained assertion as applied to actual known specifics (namely waterboarding) is false-to-fact, and no amount of heated emotional rhetoric or posturing changes that. The advice rendered by DoJ was that the specific procedure of waterboarding as applied and practiced within specific limits in specific conditions did NOT constitute "torture" under US Code, which is itself the applied practical implementation of the treaty language. And it's a legally supportable and reasoned interpretation of US Code (though certainly not an undebateable one). That's a FAR cry from "not bound by the international Convention Against Torture or the US laws incorporating it" as the justifying principle employed. The former is an interpretation that it's technically within the law (however close to the edge or repugnant one might ethically/morally/emotionally find it) whereas the latter is a sweeping claim that the law can be completely ignored, which was NOT the standard actually followed. Unemployed hypotheticals don't count. The left, of course, proclaims the latter as an article of faith and dogma. The former is what actually occurred. Note that in actual practice some quite limiting required approvals and boundaries on the use of waterboarding were set and followed to stay inside the (perceived) letter of the law, whereas the "sweeping view" requires none whatsoever. Whether or not staying barely within the (perceived) letter of the law can or should be "countenanced" is another argument--a political one, not a legal one. Which argument, as Jason astutely notes and reiterates, is being drowned out by dogmatic misrepresentation and heated rhetoric from both sides, both intent on arguing dogma over the facts. The left in particular depends on the "ignoring the law" rhetoric to paint the Bush admin as lawless. It's quite legitimate to say that he Bush admin's interpretation of the law was mistaken. It is not remotely legitimate to say they ignored or disregarded the law. They did not.
  22. Posted by pmorlan
    | Quote | Trackback | Link #88848
    pmorlan @C Stanley Thanks for the links. I'm not familiar with Daniel Larison so I'll check him out. Sorry but I'm not a big fan of Dreher or Douthat. I thought Glenn Greenwald really had the better argument when he challenged their views (see the links below). If you've never read Greenwald before I'll warn you in advance that he's pretty direct with his opinions and some people take offense when they don't share those opinions. If you agree with Douthat, reading Greenwald might make you mad but if you're a person like me whose willing to read opinions from people who disagree with you then you might enjoy these two pieces. http://www.salon.com/opinion/greenwald/2008/12/17/douthat/index.html http://www.salon.com/opinion/greenwald/2008/12/24/torture/index.html
  23. Posted by pmorlan
    | Quote | Trackback | Link #88874
    pmorlan @FraidyKatt FraidyKat, No offense but I think your description of the anti-war people's definition of torture is about as accurate as someone saying that all conservatives support torture. LOL Based on what I've read (government documents, interviews, reports, etc.) I think it's pretty clear that we're talking about some serious abuse of prisoners but I accept the fact that some people may disagree. I think the best way to settle that disagreement is to have a full, independent investigation into the allegations. Then once we find out exactly what did or did not happen we can then have a conversation/debate about what we as a country feel is the proper treatment of prisoners. With regard to innocent civilians being killed during war I happen to believe that, sadly, civilian casualties are always a part of war which is one of the reasons why our military leaders caution civilian leaders about going to war in the first place. Obviously if civilians are specifically targeted by an administration then you would have a war crime issue. From what I've read, so far, there is no evidence that would indicate that civilians were specifically targeted in Pakistan.
  24. Posted by C Stanley
    | Quote | Trackback | Link #88884
    C Stanley Oh, I've read plenty of Greenwald. I rarely get mad about people expressing opinions contrary to my own, although I do find that some people (including, often, Greenwald) can be a bit obnoxious in the way that they express them. In this case, I think it boils down to his derision toward American Exceptionalism. I was noticing that actually when reading Larison and thinking about other people that have views similar to his- like another author at that site, Bacevich. It seems that a lot of the divide among conservatives on these issues (aside from, of course, people who are just partisan water carriers, I'm not talking about them) stems from whether one is an interventionist (generally based on belief in American Exceptionalism) or a relative isolationist or minimalist on foreign policy. And I have a hard time with the moral clarity and bright line that Greenwald seems able to draw on 'war crimes'. To me, just about every action in a war is an atrocity and I think it's necessary and admirable for civilized society to have delineated which actions go too far, but I find that Greenwald and his ilk tend to exaggerate the extent to which it's possible to find that kind of code of ethics. FWIW, I do think waterboarding goes too far but I get concerned about people who want to define torture down to 'harsh interrogation'. I honestly don't know where the line should be drawn, but like most people, I know it when I see it.
  25. Posted by pmorlan
    | Quote | Trackback | Link #88885
    pmorlan @Tully Tully, I've read and re-read your piece but I still can't agree with you. You said: It?s quite legitimate to say that he Bush admin?s interpretation of the law was mistaken. It is not remotely legitimate to say they ignored or disregarded the law. They did not If they were mistaken (I think mistaken is an overly mild word to use when it appears that the OLC specifically wrote legal memo's to get around the real law) about the REAL law and only fit their interrogation into the "mistaken" idea about the law how can you say they didn't disregard the law? Do you think just because they made up their own interpretation of the law and stayed within that false interpretation's guidelines that they didn't violate the real law? All I see is that they didn't violate their own misinterpretation of the real law. Now that may very well be their legal defense but if there is evidence that shows that the legal memos were written not because they were "mistaken" about the law but because they deliberately set out to blur the law so they could do what they wanted to do then they might be in trouble. Hopefully when the Inspector General report comes out about the creation of the legal memos we will all find out some additional information about this. But even if one were to hang their hat on this reasoning to excuse this behavior it doesn't explain the waterboarding that occurred prior to when the OLC memos, that created the Bush administration version of the law, were written. Those uses of waterboarding and other interrogation methods clearly had no alternative Bush "version of the law" to guide them.
  26. Posted by FraidyKatt
    | Quote | Trackback | Link #88888
    FraidyKatt What have you read that you consider serious abuse Pmorlan? I would be interested to know what you define as "serious" I don't mean this disrespectful but just throwing out a word such as serious and not defining it is counterproductive to a debate about issues.
  27. Posted by pmorlan
    | Quote | Trackback | Link #88889
    pmorlan @pmorlan I'm glad to hear that someone else enjoys reading opinions that differ from their own. Just out of curiosity what is your view about the call for investigations into the torture allegations? Are you against them? Are you for an independent panel investigating? Are you for a criminal investigation? None of the above?
  28. Posted by pmorlan
    | Quote | Trackback | Link #88891
    pmorlan C. Stanley I'm glad to hear that someone else enjoys reading opinions that differ from their own. Just out of curiosity what is your view about the call for investigations into the torture allegations? Are you against them? Are you for an independent panel investigating? Are you for a criminal investigation? None of the above?
  29. Posted by pmorlan
    | Quote | Trackback | Link #88892
    pmorlan @FraidyKatt FraidyKatt, I'd be happy to respond to you but unfortunately it will have to be tomorrow. I'm getting the evil eye from my fiance because I've spent so much time on the computer tonight. I hope we can carry on this discussion tomorrow.
  30. Posted by pmorlan
    | Quote | Trackback | Link #88895
    pmorlan @pmorlan Oops. I meant to say the Office of Professional Responsibility report not the Inspector General report. Sorry about that.
  31. Posted by C Stanley
    | Quote | Trackback | Link #88931
    C Stanley Just out of curiosity what is your view about the call for investigations into the torture allegations? Are you against them? Are you for an independent panel investigating? Are you for a criminal investigation? None of the above? It's a bit hard to quickly explain my views but I'll try to summarize. Mostly my opinion is similar to Jason's- that in theory if there could be investigations which weren't partisan witch hunts, I'd probably favor that approach. I do think accountability is important. But between the hyperpartisan environment, the history of past investigations being anything but impartial, and the BDS of the left, I think it would be unproductive. I'm also VERY sympathetic to the view that anything the Bush administration signed onto was also approved by Congress (both parties) and the American people in that we did have an attitude of putting security first above all other considerations. If Congress had been doing its job, had more members had the moral courage to speak up at the time instead of after the fact, then I think it would have been more proper to now attach blame specifically to the members of the administration (Pentagon, CIA, whomever) but now it seems inappropriate to attach blame narrowly to what was ignored at the time. I also see that in historical context- I don't think that any war has ever been fought with the type of constraints that we're now demanding. I feel that part of the reason that people now feel outraged about certain acts during wartime stem from our greater awareness because of pervasive media and internet coverage. I think another sticking point is defining whether or not we should currently be on 'war footing.' Mostly I'd answer that question in the affirmative, though I think we should have taken the time to debate how that works in a more open ended and ambiguous military conflict such as what we now face. IOW, I see the danger of expanding executive powers to wartime contingencies when the enemy is amorphous, and victory (meaning endpoint) can't be easily determined. All of those nuances make it much more difficult IMO to point fingers at individuals because I think the unresolved questions have to be answered first. I think we went wrong systemically, not as a result of evil or criminal minds. When you fail to address how you want an executive branch to execute, I don't feel it's appropriate later to say that they did so inappropriately. I think Congress should have anticipated the moral vagueness we'd be up against in this type of conflict and acted to clarify the legal interpretations in advance.
  32. Posted by FraidyKatt
    | Quote | Trackback | Link #88949
    FraidyKatt I have to agree almost completely with CStanley. I think any investigation is going to turn into a political hatchet job. I think it will be as counterproductive as was the Impeachment of Bill Clinton. What would have made more sense is if the Democrats had gone after Bush during his term but they did'nt and the reason I believe that they did not is because this would have opened the entire process to not only the truth but the fact that they remember that Bill Clintons popularity actually went up during his impeachment. What is the truth? Democrats voted for the war. Democrats saw the intell and did or said nothing. Members of the Democrats were kept fully informed on the NSA wiretaps and were invited to look in and oversee what they were doing. In short. Fiction is much better then truth for the democrats and the Antiwar. I think its why even now not only Obama but the entire Democratic party is hesitant to launch this witch hunt because it would be precisely that and would give the GOP an opportunity to truly gain back public support.
  33. Posted by FraidyKatt
    | Quote | Trackback | Link #88950
    FraidyKatt Having said the above I also realize that many people don't care about politics or bipartisanship. They simply want the truth. Good for them. I think however in the end they would be very disappointed in the truth because I do not believe that Bush did much of anything wrong. You might hate him. Think he is the worst president ever but he did not spend his days trying to come up with ways to lie, steal and cheat. I don't care much for him either but he was a president who had one focus in his 8 years. Keeping America safe. He will forever be the president who let the bad guys kill Americans by the score and essentially rape the American Psyche. His vow was to never let that happen again. For that I am thankful. I sure would not want to see a repeat of 911 and for this the antiwar, far left want to see him arrested.
  34. Posted by pmorlan
    | Quote | Trackback | Link #88980
    pmorlan @FraidyKatt FraidyKatt, I've seen quite a few descriptions in the government documents about how the list of interrogation techniques that Rumsfeld approved were used in combination over a long period of time. I then read some of the descriptions in the ICRC report that were given by some of the prisoners that we held. The techniques they described were the same techniques on Rumsfelds list so I knew what they were saying was probably true (plus there have been some Bush officials who have confirmed their accounts). I then tried to envision these things (suggestion I read in a book) being done to an American military prisoner so that I could try to eliminate any bias I might have towards possible terrorists. I gotta tell you, I wouldn't want any of our military to be treated like what I believe we did to our prisoners. I don't have links to all of the things that I read online at my fingertips but I can provide you with this piece that was in the book "The Dark Side" by Jane Mayer. I found this type of description in other places, as well, so I feel confident in providing it to you here. I don't expect this snippet will change your view and that's not why I'm posting it. I just want you to know what I'm referring to when I say abusive. I believe there is enough credible evidence at minimum to require a thorough investigation. I don't expect you to agree with me just because I say that. I do hope that you and others like you will at least investigate the information that is readily available online with an open mind. Like I said this isn't a partisan issue, this is a rule of law issue and that's something all of us have a stake in protecting. This is from page 275 of the Mayer book. "They were torturing people," said a former CIA official with extensive knowledge of the CIA's program. "No question. They did disgusting things to people. Their attitude was, 'Laws? Like who the fuck cares?'" It was the simultaneous use of multiple forms of coercion for extended periods that made the treatment of Mohammed and other CIA detainees "especially abusive," according to those who read the Red Cross report on it. Mohammed was subjected not just to waterboarding but to hundreds of different techniques in just a two-week period soon after his capture, according to one account. A former U.S. official, with access to details of the interrogation program, stressed that few outsiders truly understood the overwhelming power of the program. Critics have focused on specific techniques, such as waterboarding. But, he said, "What mattered was things done in combination. It can look antiseptic on a piece of paper, when it's a legal checklist. It seems clinical. It doesn't sound so much. You have to have the imagination to visualize it graphically, and in combination, over time, to understand how this all would work in reality. The totality is just staggering."
  35. Posted by pmorlan
    | Quote | Trackback | Link #88983
    pmorlan @C Stanley C. Stanley I'm not going to try to address all of your comments in one post but I do want to specifically comment on some of them. "Mostly my opinion is similar to Jason’s- that in theory if there could be investigations which weren’t partisan witch hunts, I’d probably favor that approach. I do think accountability is important." Do you think if more Republicans spoke out on this issue that the investigations would be more sober and non-partisan? What about having the career people at Justice do the investigation? "I’m also VERY sympathetic to the view that anything the Bush administration signed onto was also approved by Congress (both parties) and the American people in that we did have an attitude of putting security first above all other considerations." I agree that any investigation MUST include the role of the Congress and yes, both parties. I wasn't one of the people who put security above all other considerations but I understand your point. "If Congress had been doing its job, had more members had the moral courage to speak up at the time instead of after the fact, then I think it would have been more proper to now attach blame specifically to the members of the administration (Pentagon, CIA, whomever) but now it seems inappropriate to attach blame narrowly to what was ignored at the time." I don't agree with on this point. Just because we had a weak Congress doesn't excuse the Bush administration officials. They had plenty of people telling them, at the time, that what they were doing was wrong (all the senior uniformed lawyers for the Army, Navy, Air Force and Marines (TJAG's) vehemently dissented, Alberto Mora and others dissented as well)
  36. Posted by pmorlan
    | Quote | Trackback | Link #88985
    pmorlan @FraidyKatt I agree that the Democrats (and Republicans) should have held impeachment hearings but they didn't for political reasons. There is no investigation of torture now because of political reasons which is why I think it's so important for the rank and file citizens in this country to speak out. I don't want another president to do what the Bush administration did. If we just shrug our shoulders we let all of them get away with this stuff and quite frankly I'm sick of that routine. I do agree with you that the GOP would gain public support if an investigation were conducted into torture but only if they too were calling for the investigation. If an investigation occurs and the GOP is fighting it tooth and nail then the American people are just going to think that the GOP approves of what Bush did even if they don't. If they come out against what Bush did and call for investigations then I think they will look like statesman (unless of course the evidence showed they approved of it) which would only improve their low poll numbers.
  37. Posted by C Stanley
    | Quote | Trackback | Link #88987
    C Stanley Do you think if more Republicans spoke out on this issue that the investigations would be more sober and non-partisan? What about having the career people at Justice do the investigation? I really don't think any part of our system right now is capable of impartiality. I don’t agree with on this point. Just because we had a weak Congress doesn’t excuse the Bush administration officials. I'm not suggesting that the lack of oversight excuses the alleged abuses themselves. The only part of my comment that suggests 'excusing' to some extent, is based on the breadth of responsibility that I see (Congress not only not overseeing, but actually acting in concert in many ways, and the public too not wanting to draw the necessary lines on how to handle these issues) and also, 'excusing' in the sense of accepting that it just might not be possible under the circumstances to have a fair and impartial trial, therefore I feel it's best to look forward rather than back. But anyway, that comment that you pointed out wasn't meant to excuse- it was just an additional point that it's too bad we're at this point when it could potentially have been avoided if the oversight had been applied at the appropriate time. To some extent I feel that it's so disingenuous when Congress doesn't exercise it's authority in real time but then some want to assert it after the fact- it suggests that they lacked the courage of their convictions at that time, which could either just be wimpy convictions or it could be because those who see the classified info really do get scared out of their wits, enough to feel that some of this stuff was justified.
  38. Posted by pmorlan
    | Quote | Trackback | Link #89035
    pmorlan @C Stanley I'm sorry I misunderstood your comment. Thanks for clarifying it for me. I agree with you that our Congress was disgustingly MIA on a lot of issues. It was actually quite frightening for me to see one branch of our government abdicate it's role by refusing to do even the most basic of oversight. When you combine that with a traditional media that also abdicated it's role as watchdog for the people and an executive branch that was determined to grab as much power as they could you had the perfect storm. I ended up being more afraid of these guys then I was of the terrorists. I disagree with you about whether there could be a fair investigation about torture. I think it's not only possible but as citizens we must demand that it happen. This issue is far too important for the soul of our country to be treated as anything less and anyone who would try to protect party politics at the expense of protecting our country will run the risk of being run out of office. I believe this because not only do I think that most conservatives don't support torture but most liberals won't tolerate giving Democrats a free pass if the evidence shows they were involved. I've read way too many critical pieces from liberals about the Democratic Congress on this issue to believe anything less. If the evidence shows that torture did not occur, fine. If, however, the evidence shows that we did torture then we must as citizens make sure that our leaders are held accountable under the rule of law. It's our responsibility as citizens to reign them in when they go astray and I for one will not abdicate that responsibility just to make it easier for a political party to win an election. I would really like to see a group of Democrat and Republican rank and file members come together to lobby both parties in Congress to get this done. If we work together to ensure that this investigation is fair then it would be awfully hard to convince the American people that this is just a partisan issue. They will clearly see that it's a rule of law issue or you couldn't have gotten conservatives and liberals working together. It would also send a very powerful message to our leaders that we will not stand for them playing political games to divide us when it comes to protecting the soul of our country. I'll step off of my soapbox now. Thanks again to everyone here for the wonderful exchange of ideas. I've really enjoyed myself. It gives me great hope that it is possible to bridge our differences when it comes to very serious issues that impact our country.
  39. Posted by pmorlan
    | Quote | Trackback | Link #89036
    pmorlan C. Stanley, I forgot to comment about this: "To some extent I feel that it’s so disingenuous when Congress doesn’t exercise it’s authority in real time but then some want to assert it after the fact- it suggests that they lacked the courage of their convictions at that time, which could either just be wimpy convictions or it could be because those who see the classified info really do get scared out of their wits, enough to feel that some of this stuff was justified." In my opinion what they were scared of wasn't terrorists it was fear of not being re-elected. Sadly, I think they are that pathetic - on both sides of the aisle.
  40. Posted by pmorlan
    | Quote | Trackback | Link #89041
    pmorlan This is off topic but I just ran across this piece that talks about the bill that Rockefeller and Snowe recently introduced and I was curious what you guys thought about it. Cybersecurity law would give feds unprecedented net control http://www.theregister.co.uk/2009/04/01/federal_cybersecurity_legislation/
  41. Posted by dolan
    | Quote | Trackback | Link #89357
    dolan @pmorlan The Bush administration was faced with an attack on American soil resulting in the lives of about 3000 people by an enemy with no country. No president has had to face this in the past. Their were mistakes made sure but we had no more attacks since then. I do not believe water boarding is torture as I went thru escape and evasion training in the Army and experienced water boarding. While extreamly uncomfortable I am still alive with all my appendages intact. That being said now the Democrates are in power so it is their time to keep us safe for another 8 years. Let us hope their kinder gentler approach to terrorism is succesfull. I have my doubts...
  42. Posted by Bill Clinton
    | Quote | Trackback | Link #89542
    Bill Clinton The Cyberlaw. The are gonna kill us. remember all the crap about Bush? that was nothing. Here we go with the gun method I fear.
  43. Posted by Bill Clinton
    | Quote | Trackback | Link #89543
    Bill Clinton @dolan It's bad really bad... monitor everything, at anytime.
  44. Posted by pmorlan
    | Quote | Trackback | Link #89755
    pmorlan @Bill Clinton I agree. I'm working on a blog piece right now about this cybersecurity bill. Because I'm no expert I'm just going to try to put together some links to articles that others have written that will give the rest of us a little bit more information than we have now. I figure we need to get up to speed on this issue before they try to pull the wool over our eyes by passing this monstrosity of a bill.
  45. Posted by pmorlan
    | Quote | Trackback | Link #89756
    pmorlan @Bill Clinton The bad thing about it is that both the Democrats and the Republicans have advanced this idea of spying on all of us. When we have a Republican president the Republicans push it. When we have a Democratic president we have the Democrats push it. And sometimes it makes no difference whose president, both parties push it (like the FISA bill). This is another one of those issues where we need to find allies on the other side of the aisle and organize the people to tell the leaders of both parties that we aren't buying what they're selling. I've been a partisan (and still am on certain issues) most of my life but it's finally dawning on me that our "leaders" are the only ones who benefit by keeping us all fighting against each other. Lately there have been more and more issues that are not really partisan issuses. They are citizens vs. the leaders of their government issues. Maybe they were there all along and because I had my partisan hat on I just didn't notice. But I notice now and it's really getting creepy. We used to joke all the time about heading for the hills so they can't find us when all hell breaks loose but in the last few years it's no longer a joke in our household. If we had the money to move today, we would.
  46. Posted by pmorlan
    | Quote | Trackback | Link #89759
    pmorlan @dolan dolan, no offense but I think being waterboarded by your fellow Americans is hardly the same as having your enemy do it to you. Did you read the full ICRC report that was released last night? One of the ICRC's official jobs is to make sure countries are adhering to the Geneva Conventions. We've always followed their guidance in the past but now, not so much, because now it's our country that is in the cross hairs. Quite frankly, I can't imagine anyone reading that report and coming away with the conclusion that what we did was right. I think anyone who reads that report and continues to cling to that view is either fooling themselves or they have some serious issues about what human rights actually mean. Here's a link to a piece on the internet that contains a link to the pdf file for the report. “Investigate and Punish the Perpetrators” http://harpers.org/archive/2009/04/hbc-90004701
  47. Posted by pmorlan
    | Quote | Trackback | Link #90982
    pmorlan @C Stanley C. Stanley, even though I don't agree with a lot of what Dreher says I did visit his website the other day to give him another chance. I found this from him that I did partially agree with him about. http://blog.beliefnet.com/crunchycon/2009/04/obama-and-the-torture-memos.html It just goes to show that you should never right anybody off because they just might surprise you.