We Never Torture People, Unless You Count All Those Times We Tortured People
FRIDAY OCTOBER 5 2007 8:00 PM
Submitted by Subrosa. Edited By Subrosa.
TAGS: Bush, Torture, Bradbury, I waterboarded in Ocean City, MD one time when I was 12 and it was AWESOME!
If you read the front page of the paper tomorrow morning, you’ll see that the United States emphatically does not torture anyone. Of course, it may be buried behind ridiculous political puff pieces like why Barack Obama doesn’t wear a flag pin and whether John McCain is a full-blown idiot or just a sell-out to the Christian Right (seriously, why would you even pay someone to fucking write that garbage!?) should be a story about the following unequivocal statements from President Bush this morning:
"When we find somebody who may have information regarding a potential attack on America, you bet we're going to detain them, and you bet we're going to question them," he said during a hastily called appearance in the Oval Office. "The American people expect us to find out information, actionable intelligence so we can help protect them. That's our job."
[…]
"We stick to U.S. law and international obligations," the president said, without taking questions afterward.
[…]
Bush, speaking emphatically, noted that "highly trained professionals" conduct any questioning. "And by the way," he said, "we have gotten information from these high-value detainees that have helped protect you."
He also said that the techniques used by the United States "have been fully disclosed to appropriate members of the United States Congress"
[…]
"The American people expect their government to take action to protect them from further attack," Bush said. "And that's exactly what this government is doing. And that's exactly what we'll continue to do."
Well, when you put it like that George, how could we ever doubt you? I mean, we all know your history of employing nothing but highly trained professionals. Trained professionals like Mike Brown, Harriet Miers, Alberto Gonzales, George Tenet and trained professional organizations like Blackwater and Halliburton have been stalwarts of the Bush administration. We certainly have no reason to doubt that when Bush signs off on someone that someone knows what fuck they are doing.
Moreover, when Bush tells us that we’ve gotten good information from our interrogation techniques there’s similarly no reason to doubt his veracity. He’s never lied to us about those sorts of things before. Ever. The man tells the truth. He’s a truth-teller. In fact, if you wanted to just start calling him “Truthy” I’m sure he’d like that.
The problem is that despite all of his assertions to the contrary, there seems to be some “evidence” that the Bush Administration may (and I do want to emphasize the word “may” there) have been a little not-so-straightforward to the public about the whole “torture” issue in the past. But just by a tiny bit.
When the Justice Department publicly declared torture “abhorrent” in a legal opinion in December 2004, the Bush administration appeared to have abandoned its assertion of nearly unlimited presidential authority to order brutal interrogations.
But soon after Alberto R. Gonzales’s arrival as attorney general in February 2005, the Justice Department issued another opinion, this one in secret. It was a very different document, according to officials briefed on it, an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.
The new opinion, the officials said, for the first time provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures.
Mr. Gonzales approved the legal memorandum on “combined effects” over the objections of James B. Comey, the deputy attorney general, who was leaving his job after bruising clashes with the White House. Disagreeing with what he viewed as the opinion’s overreaching legal reasoning, Mr. Comey told colleagues at the department that they would all be “ashamed” when the world eventually learned of it.
Later that year, as Congress moved toward outlawing “cruel, inhuman and degrading” treatment, the Justice Department issued another secret opinion, one most lawmakers did not know existed, current and former officials said. The Justice Department document declared that none of the C.I.A. interrogation methods violated that standard.
The classified opinions, never previously disclosed, are a hidden legacy of President Bush’s second term and Mr. Gonzales’s tenure at the Justice Department, where he moved quickly to align it with the White House after a 2004 rebellion by staff lawyers that had thrown policies on surveillance and detention into turmoil.
Oh. Well. That changes things a bit doesn’t it?
All sarcasm aside, the New York Times piece linked above is a fascinating look into the history of the Justice Department and the Office of Legal Counsel under Bush. Most importantly, it tells the story of the existence of the two secret memos referred to above. The first, which for the first time in U.S. history authorized all sorts of legally questionable interrogation techniques to be used not just by themselves, but in combination (naturally, you can never have too much of a good thing, right?) is deeply suspect and troubling from a legal perspective. The second, which said that the above techniques were not “cruel, inhuman or degrading” and thus that the McCain-Durbin sponsored bill would not apply to the use of those tactics (despite the fact that the bill was clearly intended to), is morally and legally reprehensible.
But morally and legally reprehensible is what gets you ahead in this administration. Just ask Steven G. Bradbury, Esq., the head of the prestigious Office of Legal Counsel at the DoJ. He’s the man who signed off on Memo #2, and is apparently a humongous toadie. Which, of course, is what Bush and Co. wanted when they gave let him know that he was being considered for the job as the head of OLC.
Mr. Bradbury appeared to be “fundamentally sympathetic to what the White House and the C.I.A. wanted to do,” recalled Philip Zelikow, a former top State Department official…
While waiting to learn whether he would be nominated to head the Office of Legal Counsel, Mr. Bradbury was in an awkward position, knowing that a decision contrary to White House wishes could kill his chances.
Charles J. Cooper, who headed the Office of Legal Counsel under President Reagan, said he was “very troubled” at the notion of a probationary period.
“If the purpose of the delay was a tryout, I think they should have avoided it,” Mr. Cooper said. “You’re implying that the acting official is molding his or her legal analysis to win the job.”
You’re not “implying” anything, Mr. Cooper. You’re coming out and fucking saying: give the advice we want or we will find someone else who will. That is, of course, exactly what Bradbury did.
The administration had always asserted that the C.I.A.’s pressure tactics did not amount to torture, which is banned by federal law and international treaty. But officials had privately decided the agency did not have to comply with another provision in the Convention Against Torture — the prohibition on “cruel, inhuman, or degrading” treatment.
Now that loophole was about to be closed. First Senator Richard J. Durbin, Democrat of Illinois, and then Senator John McCain, the Arizona Republican who had been tortured as a prisoner in North Vietnam, proposed legislation to ban such treatment.
At the administration’s request, Mr. Bradbury assessed whether the proposed legislation would outlaw any C.I.A. methods, a legal question that had never before been answered by the Justice Department.
At least a few administration officials argued that no reasonable interpretation of “cruel, inhuman or degrading” would permit the most extreme C.I.A. methods, like waterboarding…
In the end, Mr. Bradbury’s opinion delivered what the White House wanted: a statement that the standard imposed by Mr. McCain’s Detainee Treatment Act would not force any change in the C.I.A.’s practices, according to officials familiar with the memo.
Relying on a Supreme Court finding that only conduct that “shocks the conscience” was unconstitutional, the opinion found that in some circumstances not even waterboarding was necessarily cruel, inhuman or degrading, if, for example, a suspect was believed to possess crucial intelligence about a planned terrorist attack, the officials familiar with the legal finding said.
It’s really fascinating that he relied on a Supreme Court ruling as to the unconstitutionality of torture when deciding whether a federal statute that seeks to narrow the acceptable range of practices from within constitutional boundaries. It’s also really dumb. But even beyond that, the opinion Bradbury signed off on essentially says this if you strip away the bullshit: Virtually no interrogational behavior is going to “shock the conscience” if you don’t actually have a conscience to shock.
One can see why the administration loves him so.

















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