(updated below - Update II)
Understanding and Combatting Terrorism, USMC Major S.M. Grass, 1989:
Terrorism is a psychological weapon and is directed to create a general climate of fear. As one definition cogently notes, "terror is a natural phenomenon, terrorism is the conscious exploitation of it." Terrorism utilizes violence to coerce governments and their people by inducing fear.
At its heart terrorism is about fear. While terrorist attacks destroy, maim and kill, the intended audience for these attacks is almost always the whole body politic and the terrorist's goal is to strike fear into their hearts.
The Obama Administration’s irresponsible decision to prosecute the mastermind of the 9/11 attacks in New York City puts the interests of liberal special interest groups before the safety and security of the American people.
This is literally true: the Right's reaction to yesterday's announcement -- we're too afraid to allow trials and due process in our country -- is the textbook definition of "surrendering to terrorists." It's the same fear they've been spewing for years. As always, the Right's tough-guy leaders wallow in a combination of pitiful fear and cynical manipulation of the fear of their followers. Indeed, it's hard to find any group of people on the globe who exude this sort of weakness and fear more than the American Right.
People in capitals all over the world have hosted trials of high-level terrorist suspects using their normal justice system. They didn't allow fear to drive them to build island-prisons or create special commissions to depart from their rules of justice. Spain held an open trial in Madrid for the individuals accused of that country's 2004 train bombings. The British put those accused of perpetrating the London subway bombings on trial right in their normal courthouse in London. Indonesia gave public trials using standard court procedures to the individuals who bombed a nightclub in Bali. India used a Mumbai courtroom to try the sole surviving terrorist who participated in the 2008 massacre of hundreds of residents. In Argentina, the Israelis captured Adolf Eichmann, one of the most notorious Nazi war criminals, and brought him to Jerusalem to stand trial for his crimes.
It's only America's Right that is too scared of the Terrorists -- or which exploits the fears of their followers -- to insist that no regular trials can be held and that "the safety and security of the American people" mean that we cannot even have them in our country to give them trials. As usual, it's the weakest and most frightened among us who rely on the most flamboyant, theatrical displays of "strength" and "courage" to hide what they really are. Then again, this is the same political movement whose "leaders" -- people like John Cornyn and Pat Roberts -- cowardly insisted that we must ignore the Constitution in order to stay alive: the exact antithesis of the core value on which the nation was founded. Given that, it's hardly surprising that they exude a level of fear of Terrorists that is unmatched virtually anywhere in the world. It is, however, noteworthy that the position they advocate -- it's too scary to have normal trials in our country of Terrorists -- is as pure a surrender to the Terrorists as it gets.
UPDATE: A small town in Illinois that houses an under-used prison is mentioned as a possibility for holding Guantanamo inmates convicted of crimes, and its residents hope they are chosen. The town was first considered when its Mayor raised the possibility as a means of bringing more jobs. The Right could learn a lot about basic "rationality" and courage by reading the reactions of the residents there.
On a different note: I'm unclear why so many commenters are arguing that some of the Right's leaders are merely exploiting fear rather than genuinely fearful themselves, as though that contradicts what I wrote. I made that exact point explicitly: "the Right's tough-guy leaders wallow in a combination of pitiful fear and cynical manipulation of the fear of their followers" and "It's only America's Right that is too scared of the Terrorists -- or which exploits the fears of their followers --." In any event, I don't think it's worthwhile to try to speculate about the true motives of specific right-wing politicians. Some are scared themselves; some are both scared and eager to exploit fear to justify tyrannical policies; and some are being largely exploitative. Whatever the true motives of each, fear is a driving fuel of their political movement.
UPDATE II: Several family members of 9/11 victims -- including the parents of a police officer and firefighter who died at the World Trade Center -- explain why they believe that real trials are imperative for those accused of perpetuating the attacks.
Rachel Maddow today is receiving well-deserved praise for a devastating interview she conducted last night with Richard Cohen, an "ex-homosexual" therapist who is head of the "International Healing Foundation," which purportedly helps gay people become straight. Cohen's rancid slander against gay people (they're a threat to children, etc.), masquerading as "research," is being used by advocates of a proposed law in Uganda that would allow the state to execute homosexuals. The 17-minute interview is worth watching if you want to see how an extremely smart and well-prepared interrogator can absolutely destroy a guest who is brazenly spouting baseless claims and patent falsehoods (the video is also posted below).
As superb and skillful as this demolition was, and as heinous as people like Richard Cohen are, I'm more impressed when relentlessly adversarial interviews like this are targeted at people who are genuinely powerful and well-regarded by our political establishment (as Rachel has done before). When it's obscure, stigmatized nobodies who are subjected to this treatment -- easy targets -- I'm less moved. After all, even Beltway power-worshiping sycophants like Chris Matthews have shown a willingness in the past to expose a guest's ignorance with relentless questioning to the point of humiliation -- as long as the guest was some obscure, fringe figure who had no real standing in the power circles Matthews reveres. When numerous Democrats were heaping praise on Matthews for his destruction of one such right-wing guest during last year's election, Digby wrote:
Let's just say that I'd be a lot more impressed with Matthews' pitbull routine if he used it, just once, on somebody with some real clout instead of low level nobodies who don't appear on TV regularly. Bullying people without power just doesn't impress me much, especially when you have people on the show every day who actually have some and you kiss their asses with gusto. Sorry, not impressed.
If you watch a typical establishment television reporter conduct an interview with someone who is already marginalized and despised by All Decent People, you'll often see them suddenly become very aggressive and scrutinizing in a way that they would never dare do if they were interviewing a top political official or respected Washington Wise Man.
This isn't remotely a criticism of Rachel; she's an exception to this rule, as I've seen her conduct equally relentless interviews with people like Tom Ridge, and she frequently extends invitations to even powerful people whom she criticizes (they typically decline). Moreover, people like Richard Cohen are truly pernicious and urgently need to be exposed with the treatment to which Rachel subjected him; he actually deserves worse. The point in which I'm interested here is how rare it is for interviews like this to be conducted by establishment journalists with people who have real power. Could one even imagine, for instance, Tim Russert's having questioned Dick Cheney this way prior to the Iraq war, or any of the standard array of pompous, blowhard Senators being treated to an interview like this by any standard Sunday morning TV host?
One can watch what Rachel did in last night's interview -- what made it so effective -- to see why this virtually never happens on, say, Sunday shows when politically powerful people who interviewed:
(1) Rachel had obviously done a substantial amount of work prior to the interview, having even read the guest's books and being able to refer to various parts of them quickly; doing real work and real reading is far too burdensome for most of our coddled, vapid media stars.
(2) Rachel, despite being unfailingly civil and polite, was obviously indifferent to whether the guest liked her. She bombarded him with questions that made him extremely uncomfortable and which conclusively proved that he was simply lying. Media stars who host political interview programs would never subject powerful people to treatment like that for fear of losing access and/or their standing in the Beltway world.
(3) Rather than treat the guest and his claims as entitled to respect and deference, Rachel explicitly pointed out when he was lying, and even more important, demanded that he accept responsibility for his conduct (she told him he has "blood on his hands" for the role he is playing in enabling Uganda's oppression, and possibly execution, of gay people). It's simply impossible to imagine a Sunday morning media star telling, say, an advocate of the Iraq War that they have "blood on their hands," or explaining that those who advocated torture are "war criminals." Words like that are disrespectful and thus strictly prohibited when journalists deal with our elites. Sunday-morning media star journalists are there to obfuscate and elevate elite crimes, not expose them and certainly not describe them as such.
(4) Rachel's guest last night was modestly smart, coy and well-prepared, and pinning him down this way was not an easy task. Rachel was able to demolish his statements only because she is extremely smart, intellectually quick and dexterous, and able to think critically on the spot. To put it as politely as possible, people like David Gregory or, say, Brian Williams and John King don't exactly have those instruments at their disposal. That deprivation is a major reason why they're selected for those positions.
Just imagine how much better things could be if our political leaders were routinely subjected to the kind of surgically probing, lie-exposing interrogation which Rachel imposed on her homosexual-converter guest. But the reasons they almost never are speak volumes about our media stars and their true function.
(updated below)
The British are conducting an actual public investigation into the litany of false claims made by their government to justify the attack on Iraq. Even for those who have long known it, the disclosures are underscoring just how truly criminal this deceit was:
An Iraqi taxi driver may have been the source of the discredited claim that Saddam Hussein could unleash weapons of mass destruction within 45 minutes, a Tory MP claimed today.
Adam Holloway, a defence specialist, said MI6 obtained information indirectly from a taxi driver who had overheard two Iraqi military commanders talking about Saddam's weapons.
The 45-minute claim was a key feature of the dossier about Iraq's weapons of mass destruction that was released by Tony Blair in September 2002. Blair published the information to bolster public support for war.
Other disclosures reveal that Blair was making claims that his own intelligence services were vehemently rejecting. For all the discussion about what happened in the run-up to that war, we still have not, in my view, come close to appreciating the historic magnitude of the evil of this crime -- and, of course, there have been no consequences for anyone responsible. It's always worthwhile -- and still startling -- to look back and see how blatantly false claims such as Blair's taxi-derived "45-minute" assertion were pervasively and uncritically exploited to justify this war:
NPR's Scott Simon and John Chipman of the IISS, March 22, 2003:
SIMON: And what's your feeling for whether or not he can get any of these weapons off?
Mr. CHIPMAN: Well, all the intelligence reports before the conflict were that he would be able within 45 minutes of a command to launch a chemical munition from artillery shells and that he has the devices to spray biological agents should the command be given and followed.
Mort Zuckerman, publisher U.S. News & World Report, December 23, 2002:
The British know this. In a chilling report released just recently, they described Iraq's large, effective system for concealing proscribed materials, including dual-use facilities and hiding spots that are located close to roads and telecommunications so that illicit items can be moved on short notice. Indeed, the British reported that Iraq can get WMD ready for use within 45 minutes of Saddam's orders. President Bush has been consistent in asserting that further deceptions by Saddam will not be tolerated. If the administration failed to act now, it would not only let Saddam off the hook but allow him to accumulate funds from oil sales to buy or build a still-greater WMD arsenal. And, it would ruin American credibility in the Muslim world. . .
USA Today Editorial, December 9, 2002:
Not only does the sheer size of the submission promote suspicions, the Bush administration last week said that it has a "solid basis" for asserting Iraq still has forbidden weapons. A chilling British government report in September detailed suspected continuing chemical and biological weapons programs, plans to activate them within 45 minutes and possible efforts to build nuclear weapons.
CNN's David Ensor, December 7, 2002:
British and U.S. intelligence officials believe Saddam Hussein has continued to produce a variety of chemical and biological agents with at least some of those weapons capable of being deployed in as little as 45 minutes.
Ryan Lizza, The New Republic, October 7, 2002:
Most remarkably, hours after Blair argued that Iraq could deploy chemical or biological weapons within 45 minutes of an order to use them, French President Jacques Chirac questioned whether Iraq had any proscribed weapons at all. . . . Even worse, unmovic is bound by two "memoranda of understanding" (MOU) negotiated between Baghdad and the U.N. that would serve Saddam well if inspectors return. . . . And it's not just unmovic's rules that worry some Bushies, especially the hawks. It's Blix himself. "Blix is awful," says a top State Department official.
One can go on and on with that. One of the worst retroactive, self-justifying lies told about this time period by those who did these things is that they had no reasons to question the false claims they were disseminating because "everyone" believed them and nobody disputed them. To see how false that is, consider the March 17, 2003 Der Spiegel Editorial warning that "for months now, Bush and Blair have been busy blowing up, exaggerating and deliberately over-interpreting intelligence information and rumours to justify war on Iraq." It specifically mocked the 45-minute claim. Or see the September 30, 2002 McClatchy article by Strobel, Landsay and Hutchinson -- headlined: "War talk fogged by lingering questions; Threat Hussein poses is unclear to experts" -- which warned: "those reports appear to be far from confirmed." Or see the various statements by Scott Ritter ("The truth of the matter is that Iraq has not been shown to possess weapons of mass destruction, either in terms of having retained prohibited capability from the past, or by seeking to re-acquire such capability today") or Howard Dean ("Secretary Powell's recent presentation at the UN showed the extent to which we have Iraq under an audio and visual microscope. Given that, I was impressed not by the vastness of evidence presented by the Secretary, but rather by its sketchiness").
The people who mindlessly passed on claims like Tony Blair's "45-minute" hysteria did it without regard to whether it was true. At best, they didn't care. They wanted the invasion and were willing to say anything to justify it. The ones who were most unquestioning were "journalists" whose only ostensible function is to question -- see but a small sampling of examples above. What's most remarkable about all of it is that virutally none has even acknowledged wrongdoing and none has suffered any consequences of any kind. This British investigation is underscoring just how extreme all of this was.
UPDATE: The indispensable Jonathan Schwarz posts these images, from headlines appearing in Rupert Murdoch's Sun in September, 2002 (h/t bilejones):
Schwarz provides some added background on how this claim was manufactured. Atrios sums up the real point here: "A conservative estimate is that 100,000 people have died as a result of the invasion of Iraq. Do any of our elite media people feel any remorse at all?" I believe "no" could be classified as a "simple answer to a simple question."
[updated below - Update II (Wed.)]
Over the past couple of days, Andrew Sullivan has linked to and published protests from various individuals who are quite angry that people "on the left" are being so mean to President Obama, and several of them are so upset that they have decided they are "leaving the left," whatever that might mean. What's most striking about these valiant defenses of Obama is how utterly devoid they are of any substantive points and how, instead, suffuse with weird, even inappropriate, emotional attachments they are. These objections are grounded almost exclusively in (a) a deep-seated conviction that President Obama is a good and just man who means well; (b) their own rather intense upset at seeing him criticized; and (c) a spitting ad hominem fury of the type long directed by Bush followers at any critics of their leader, and generally typical of authoritarian attacks on out-groups critics. Just marvel at some of this:
Thank goodness people are starting to leave the left. Their abandonment of Obama is as unconscionable as the right's refusal to work with him. . . . This is about decency and working together to solve problems. . . . Obama is almost solitary in his desire and ability to tackle problems of epic proportion while realizing that we live in a very heterogeneous society. . . . The loud-mouths on the Left are becoming nearly as hysterical and vicious as those on the right. . . . I marvel (unhappily) on a daily basis on how myopic and stubborn many of those on the left have become in regards to President Obama. I wonder if any of these people have ever truly had to make hard decisions in their lives. Have they not ever had to weigh all consequences?. . . . These are real choices people, not a schoolyard fantasy, in which our guy, king of the geeks, is finally captain of the kickball team, and now he can pick us fellow geeks and play us all in sweet revenge against the jocks. He is not playing. He is leading. Not even one year in, I am willing to continue to trust his instinct, his grace, his patience and his measured hand. . . .These are the reasons I voted for him. Hope for a leader, not hope for "everything to be completely different from the previous guy regardless of the consequences", which is what I think many immature democrats are upset about. What a bunch of selfish babies. . . . The stuff coming out of "progressive" mouths is all too often on a par with Glenn Beck's abusive rants--both sides (right and left wingers) playing thousand-pound national football with the President as the ball--meaning, kick kick kick, until you bust his dick. This truly makes me sick.
These outbursts include everything other than arguments addressed to the only question that matters: are the criticisms that have been voiced about Obama valid? Has he appointed financial officials who have largely served the agenda of the Wall Street and industry interests that funded his campaign? Has he embraced many of the Bush/Cheney executive power and secrecy abuses which Democrats once railed against -- from state secrets to indefinite detention to renditions and military commissions? Has he actively sought to protect from accountability and disclosure a whole slew of Bush crimes? Did he secretly a negotiate a deal with the pharmaceutical industry after promising repeatedly that all negotiations over health care would take place out in the open, even on C-SPAN? Are the criticisms of his escalation of the war in Afghanistan valid, and are his arguments in its favor redolent of the ones George Bush made to "surge" in Iraq or Lyndon Johnson made to escalate in Vietnam? Is Bob Herbert right when he condemned Obama's detention policies as un-American and tyrannical, and warned: "Policies that were wrong under George W. Bush are no less wrong because Barack Obama is in the White House"?
Who knows? Who cares? According to these defenders, it's just wrong -- morally, ethically and psychologically -- to criticize the President. Thus, in lieu of any substantive engagement of these critiques are a slew of moronic Broderian cliches ("If Obama catches heat from the left and right but maintains the middle, he is doing what I hoped he would do (and what he said he would do) when I voted for him"), cringe-inducing proclamations of faith in his greatness ("I am willing to continue to trust his instinct, his grace, his patience and his measured hand"), and emotional contempt for his critics more extreme than one would expect from his own family members. In other words, the Leave-Obama-Alone protestations posted by Sullivan are fairly representative of the genre. How far we've fallen from the declaration of Thomas Jefferson: "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."
With regard to many of the above-referenced criticisms -- as well as ones I haven't included -- there are reasonable disputes over the validity of the critiques, and many Obama defenders voice those on substantive grounds. Obama admirers like the ones featured above are a minority, albeit a vocal one. But far too many have an emotional attachment to him and investment in him that is deeply unhealthy, particularly when it translates into intolerance for the very act of objecting to his decisions and policies, as one sees on vivid display in the responses Sullivan posted.
I recently watched this video -- posted below -- containing interviews with numerous individuals who attended a Sarah Palin book event in Ohio. Most of them profess their deep respect and admiration for Palin even though they're barely able to defend a single substantive position she holds. The video is clearly intended to depict Palin supporters as some sort of uniquely ignorant and vacuous fan club devotees more appropriate for a movie star than a politician.
Indeed, at first, I was mesmerized by the video. After all, these were not just random, politically apathetic people selected off the street. They are politically interested and engaged enough to spend hours waiting to see Sarah Palin. They have deep convictions about politics and overwhelming faith in her judgment and abilities. And yet they have virtually no ability to justify any of her specific views on issues. They don't really care about those. What they know is that she's a culturally familiar and admirable person. They share her values and know she's a good person, and thus trust that she will "do the right thing" on specific issues regardless of whether they agree or even understand what she's doing. They have a personal connection with her that makes them place their faith in her.
After watching slack-jawed for a few minutes, I quickly realized that there was nothing unusual at all about their reaction to Palin. This was exactly what led so many Bush followers to defend him no matter what he did -- as he tortured and invaded without cause and chronically broke the law. He was, like most of them, a "good Christian" who had a nice family and meant well, and thus, while he might err, he was not capable of any truly bad or evil acts. Anyone who criticized him too harshly or too viciously was, by definition, revealing something flawed about themselves. None of the specific arguments mattered. None of it had to do with reason. Like Palin's admirers, Bush's were convinced of the core goodness of his character, and they thus loved him and hated those who suggested that there was something deeply wrong in what he was doing.
The similarity between that mentality and the one driving the Obama defenses posted by Sullivan is too self-evident to require any elaboration. Those who venerated Bush because he was a morally upright and strong evangelical-warrior-family man and revere Palin as a common-sense Christian hockey mom are similar in kind to those whose reaction to Obama is dominated by their view of him as an inspiring, kind, sophisticated, soothing and mature intellectual. These are personality types bolstered with sophisticated marketing techniques, not policies, governing approaches or ideologies. But for those looking for some emotional attachment to a leader, rather than policies they believe are right, personality attachments are far more important. They're also far more potent. Loyalty grounded in admiration for character will inspire support regardless of policy, and will produce and sustain the fantasy that this is not a mere politician, but a person of deep importance to one's life who -- like a loved one or close friend or religious leader -- must be protected and defended at all costs.
UPDATE: There is an important parallel between those who believe all criticism of Obama to be illegitimate and those on the Right who despise him without pause. The latter is every bit as personality-driven as the former: they despise Obama not for any specific policy decisions (often, those are aligned with their ostensible views), but because of personality caricatures they've adopted: he's a narcissistic, vacant, Socialist Muslim and therefore nothing he does is right. That is simply the opposite side of the same coin as those who revere his personality and thus believe that nothing he does merits real criticism.
That's unsurprising, given that many of the most vehement Obama-haters were the same ones who most loved Bush and now love Palin: this is all about cultural identification and personality admiration and has nothing to do with the factors that ought to be used to judge political leaders.
UPDATE II: Referencing this post, Talk Left's Armando writes: "sometimes I support the President, sometimes I criticize him. Depends on whether he adopts policies I agree with or not." What's most amazing is that that even needs to be said at all, that it's controversial, that it applies to a subset of the citizenry rather than . . . everyone. From experience, I know that making a statement like that often provokes the borderline-creepy demand that evidence of one's praise for (or defenses of) Obama be offered, and no matter how much evidence is provided (see here, here, here, here, here, here, here, here, here and here -- just to cite a sampling), it's frequently met with the definitely creepy objection that the praise is impure because it was mixed with some critical commentary or, more commonly, that it's simply not enough.
One other note: those who complain about Obama critics often point out that he's not a dictator and can only do what Congress permits. That's true enough as far as it goes, but it does not go very far. For instance, I've never criticized Obama for failing to meet his one-year deadline for closing Guantanamo because Congress imposed serious impediments that the White House opposed but could not stop, so that's hardly Obama's fault. But virtually all of the policies for which I have criticized him are ones which, for better or worse, are within the discretion of the President to make, and nothing Congress has done has compelled Obama to embrace those policies. That's true, for instance, of his reliance on state secrets, indefinite detention, military commission, renditions, escalation in Afghanistan, Wall-St.-subservient actions, and a whole slew of other policies on which Obama critics typically focus.
(updated below)
On the night of June 10, 2006, three Guantanamo detainees were found dead in their individual cells. Without any autopsy or investigation, U.S. military officials proclaimed "suicide by hanging" as the cause of each death, and immediately sought to exploit the episode as proof of the evil of the detainees. Admiral Harry Harris, the camp's commander, said it showed "they have no regard for life" and that the suicides were "not an act of desperation, but an act of asymmetric warfare aimed at us here at Guantanamo"; another official anonymously said that the suicides showed the victims were "committed jihadists [who] will do anything they can to advance their cause," while another sneered that "it was a good PR move to draw attention."
Questions immediately arose about how it could be possible that three detainees kept in isolation and under constant and intense monitoring could have coordinated and then carried out group suicide without detection, particularly since the military claimed their bodies were not found for over two hours after their deaths. But from the beginning, there was a clear attempt on the part of Guantanamo officials to prevent any outside investigation of this incident. To allay the questions that quickly emerged, the military announced it would conduct a sweeping investigation and publicly release its finding, but it did not do so until more than two years later when -- in August, 2008 -- it released a heavily redacted reported purporting to confirm suicide by hanging as the cause. Two of the three dead detainees were Saudis and one was Yemeni; they had been detained for years without charges; one of them was 17 years old at the time he was detained and 22 when he died; and they had participated in several of the hunger strikes at the camp to protest the brutality, torture and abuse to which they were routinely subjected. Perversely, one of the three victims had been cleared for release earlier that month.
A major new report from Seton Hall University School of Law released this morning raises serious doubts about both the military's version of events and the reliability of its investigation. The Report details that the three men "died under questionable circumstances"; that "the investigation into their deaths resulted in more questions than answers"; and that "without a proper investigation, it is impossible to determine the circumstances of the three detainees' deaths." The 54-page, heavily-documented Report raises numerous troubling questions, as illustrated by these (click images to enlarge):
There is one way that a meaningful investigation could be conducted into what happened to these three detainees: a lawsuit filed in federal court by the parents of two of the detainees against various Bush officials for the torture and deaths of their sons -- who had never been charged with, let alone convicted of, any wrongdoing (indeed, one had been cleared for release). By itself, discovery in that lawsuit would shed critical light on what was done to these detainees and what caused their deaths.
The problem, however, is that the Obama DOJ has been using every Bush tactic -- and inventing whole new ones -- to block the lawsuit from proceeding. As The Washington Independent's Daphne Eviatar detailed in October, "the Obama administration has surprisingly endorsed the same legal positions as its predecessor, insisting that there is no constitutional right to humane treatment by U.S. authorities outside the United States, and that victims of torture and abuse and their survivors have no right to compensation or even an acknowledgment of what occurred." As Eviatar wrote about the Obama position, which -- among other things -- invokes the Military Commissions Act to argue that Congress stripped federal courts of jurisdiction to hear even Constitutional claims from Gitmo detainees:
The Obama administration is insisting, however, that Congress had the power to eliminate judicial review of these claims. It also argues that the Defense Department officials are immune from suit, because, as the Bush Justice Department argued in previous cases, it wasn’t clear at the time that detainees had a right not to be tortured by U.S. officials at Guantanamo. They therefore have "qualified immunity" from suit.
But the Justice Department goes further than that. Under President Obama, the government is arguing not only that it wasn’t clear what rights detainees were entitled to back in 2006, but that even today the prisoners have no right to such basic constitutional protections as due process of law or the right to be free from cruel and unusual punishment. The "Fifth and Eighth Amendments do not extend to Guantánamo Bay detainees," writes the Justice Department in its brief.
And, the government argues, the courts should not imply a right to sue under the Constitution, in part because that could lead to "embarrassment of our government abroad."
Ultimately, the Obama administration is arguing, victims of torture at a U.S.-run detention center abroad have no right to redress from the federal government. Only the military can take action in such cases, by disciplining military officers for abuse of prisoners.
In fact, the Brief filed by the Obama DOJ demanding dismissal of the case explicitly argues -- in classic Bush/Cheney fashion -- that merely allowing discovery in this case to determine what was done to these detainees would help the Terrorists kill us all:
All of this is depressingly consistent with multiple other cases in which the Obama DOJ is attempting aggressively to shield even the most illegal and allegedly discontinued Bush programs from judicial review. Time and again, the most radical Bush claims of executive power, immunity and secrecy (ones Democrats and even Obama frequently condemned) are invoked to insist that federal courts have no right to adjudicate claims that the Government violated the Constitution and the law. As Harper's Scott Horton documented over the weekend, a new filing by the Obama DOJ in defense of John Yoo is "seeking to make absolute the immunity granted Justice Department lawyers who counsel torture, disappearings, and other crimes against humanity." In other words, as we lecture the world about the need for them to apply the rule of law and hold war criminals accountable, we simultaneously proclaim about ourselves:
We can kidnap your sons from anywhere in the world, far away from any "battlefield," ship them thousands of miles away to an island-prison, abuse and torture them mercilessly, and when we either drive them to suicide or kill them, you have no right to any legal remedy or even any recourse to find out what happened.
As Horton writes, the claim that government officials enjoy a virtually impenetrable shield of immunity even in the commission of war crimes "has emerged as a sort of ignoble mantra for the Justice Department, uniting both the Bush and Obama administrations." Indeed, that is the common strain of virtually every act undertaken by the Obama DOJ with regard to our government's war crimes and other felonies, from torture to renditions to illegal eavesdropping.
With revelations of serious, recent abuse at an ongoing "black site" prison in Afghanistan, serious questions have been raised about the extent to which detainee abuse has actually been curbed under Obama. But there's no question that the single greatest impediment to disclosure and accountability for past abuses is the Obama Justice Department, which has repeatedly gone far beyond the call of duty in its attempt to protect Bush war crimes and other illegal acts. This new Seton Hall Report regarding these three detainees deaths illustrates not only how perverse and unjust, but also how futile, such efforts are. War crimes never stay hidden, and the only question from the start was whether the Obama DOJ would be complicit in the attempt to shield them from disclosure. That question has now been answered rather decisively.
UPDATE: Scott Horton has an interview with Law Professor Mark Denbeaux, the primary author of the report, in which he elaborates on why the military's claims and "investigation" are so suspect.
(Updated below w/MSNBC segment )
On the vital question of whether Obama is committed to begin withdrawing troops from Afghanistan in July, 2011 -- or whether that's just an aspirational target subject to being moved -- the statements from key administration officials aren't merely in tension with one another, but are exact opposites:
President Barack Obama's administration said that a July 2011 target date to begin withdrawing US troops from Afghanistan was not set in stone. Secretary of State Hillary Clinton, Defense Secretary Robert Gates, and the top uniformed US military officer, Admiral Michael Mullen, sought to sell the new approach under fire from Obama's hawkish Republican foes.
During hours of questioning by two key committees, they made clear that his target date of starting a US troop withdrawal in 19 months' time -- a step some anti-escalation lawmakers, especially Democrats, had cheered -- could slip.
"I do not believe we have locked ourselves into leaving," said Clinton, who added the goal was "to signal very clearly to all audiences that the United States is not interested in occupying Afghanistan."
Gates said the extra troops Obama had ordered to Afghanistan would be in place in July 2010, that a December 2010 review of the war effort would shape the pace of the withdrawal, and that the target date could change.
I asked White House spokesman Robert Gibbs if senators were incorrect calling the date a "target."
After the briefing, Gibbs went to the president for clarification. Gibbs then called me to his office to relate what the president said. The president told him it IS locked in -- there is no flexibility. Troops WILL start coming home in July 2011. Period. It's etched in stone. Gibbs said he even had the chisel.
What could possibly explain a contradiction this extreme with regard to a question so central to the policy Obama just announced? How can you have the Defense Secretary and the Secretary of State testifying in front of the Senate that the July, 2011 date is "not set in stone," that they "have not locked oursleves into leaving," and that "the target date could change," while the President is saying exactly the opposite: that "it IS locked in – there is no flexibility" and "it's etched in stone"?
Is it remotely possible that the months of extremely careful, cerebral, thoughtful deliberations produced complete ambiguity on this central point, or is it that Obama's plan is designed to be sufficiently ambiguous so that nobody knows what it actually entails and everyone can therefore be told that it means what they want it to mean? And which is worse?
* * * * *
I'll be on MSNBC this morning at 10:15 a.m EST, debating Afghanistan with Christopher Hitchens.
UPDATE: Here is the MSNBC segment I did this morning:
(updated below)
The United States participated actively and effectively in the negotiation of the Convention. . . . Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.
The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called "universal jurisdiction." Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.
Convention Against Torture, signed and championed by Ronald Reagan, Article II/IV:
No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture. . . Each State Party shall ensure that all acts of torture are offences under its criminal law.
Public opinion about the use of torture remains divided, though the share saying it can at least sometimes be justified has edged upward over the past year. Currently just over half of Americans say that the use of torture against suspected terrorists in order to gain important information can either often (19%) or sometimes (35%) be justified. This is the first time in over five years of Pew Research polling on this question that a majority has expressed these views. Another 16% say torture can rarely be justified, while 25% say it can never be justified.
Just think about that. Torture is one of the most universal taboos in the civilized world. The treaty championed by Ronald Reagan declares that "no exceptional circumstances" can justify it, and requires that every state criminalize it and prosecute those who authorize or engage in it. But only 25% of Americans agree with Ronald Reagan and this Western consensus that torture is never justifiable. Worse, 54% of Americans believe torture is "often" or "sometimes" justified. When it comes to torture, the vast bulk of the country is now to the "right" (for lack of a better term) of Ronald Reagan, who at least in words (if not in deeds) insisted upon an absolute prohibition on the practice and mandatory prosecution for those responsible.
With these new numbers, it's virtually impossible to find a country with as high a percentage of torture supporters as the U.S. has. In Iran, for instance, only 36% believe that torture can be justified in some cases, while 43% believe all torture must be strictly prohibited. Similarly, 66% of Palestinians, 54% of Egyptians, and over 80% of Western Europeans believe torture is always wrong. The U.S. has a far lower percentage than all of those nations of individuals who believe that torture should always be prohibited. At least on the level of the citizenry (as opposed to government), we're basically the leading torture advocacy state in the world.
Adam Serwer says that this is "what happens when one party in a two party system makes something outrageous part of its political platform: Even the most abhorrent behavior can be mainstreamed." That's basically true, but even leaving aside the fact that many Democrats acquiesced to if not outright supported the same polices, this outcome is also attributable to our collective and very bipartisan decision not to investigate and prosecute the torture crimes that were committed. After all, how is it possible to credibly maintain that we believe torture is some sort of extreme crime and absolute evil when we sat by while our political leaders did it and now refuse to comply with our obligations to prosecute it? By doing that, aren't we implicitly though unambiguously conveying that, whatever our rhetoric, we don't really think torture is all that bad? We don't "Look Forward" when we think truly awful crimes have been committed; we Look Backwards (sometimes very far backwards) and prosecute them. Whatever else is true, that's the message most Americans have received and embraced: torture is not really worth prosecuting so it must not be truly heinous.
UPDATE: Several commenters raise the reasonable objection that today's 2009 Pew poll shouldn't be compared to the 2008 World Public Opinion poll I cited above because they ask different questions (the former measures the % who believe that torture "can never be justified" while the latter measures the % who believe that "all torture should be prohibited"). I think they're reasonably comparable, but even if one disagrees, the 2008 WPO poll finds that America has a higher percentage of people who believe that torture can be used on terrorists and/or used generally than all but a handful of countries in the poll.
As for the reason more Americans find torture justifiable than ever before, today's Pew poll finds that "both Democrats and independents have become more accepting of the idea that torture can be justified" and, worse: "47% of Democrats say torture can either often or sometimes be justified -- more than in any previous Pew poll." Meanwhile, Republican support for torture has remained fairly steady (67%). Thus, the increase in support for torture among Americans this year is largely due to increased acceptance among Democrats and, to a lesser degree, independents (h/t sysprog; see p. 52 of the Pew Report)
I was previously a constitutional law and civil rights litigator in New York. I am the author of two New York Times Bestselling books: "How Would a Patriot Act?" (May, 2006), a critique of the Bush administration's use of executive power, and "A Tragic Legacy" (June, 2007), which examines the Bush legacy. My most recent book, "Great American Hypocrites", examines the manipulative electoral tactics used by the GOP and propagated by the establishment press, and was released in April, 2008, by Random House/Crown.
Twitter: @ggreenwald
E-mail: GGreenwald@salon.com