Daily Archives: April 21, 2009

Cheney’s bogus pragmatism on torture

Pressure grows to investigate interrogations

Pressure mounted on President Obama on Monday for more thorough investigation into harsh interrogations of terrorism suspects under the Bush administration, even as he tried to reassure the Central Intelligence Agency that it would not be blamed for following legal advice.

Mr. Obama said it was time to admit “mistakes” and “move forward.” But there were signs that he might not be able to avoid a protracted inquiry into the use of interrogation techniques that the president’s top aides and many critics say crossed the line into torture. [continued…]

Cheney wants CIA files for memoir

Researching his memoirs, former Vice President Dick Cheney is pushing the CIA to declassify files that he claims would vindicate the CIA’s use of coercive interrogation techniques that President Barack Obama has banned.

The request, which the CIA has not yet answered, sets up a showdown between the past and current administrations. Cheney can be expected to argue that the Obama administration’s publication of other files last week is a precedent for release of the reports he wants. Cheney contends that the information he seeks does not pose a threat to anyone, nor to intelligence sources and methods. [continued…]

The CIA’s questioning worked

In releasing highly classified documents on the CIA interrogation program last week, President Obama declared that the techniques used to question captured terrorists “did not make us safer.” This is patently false. The proof is in the memos Obama made public — in sections that have gone virtually unreported in the media.

Consider the Justice Department memo of May 30, 2005. It notes that “the CIA believes ‘the intelligence acquired from these interrogations has been a key reason why al Qaeda has failed to launch a spectacular attack in the West since 11 September 2001.’ . . . In particular, the CIA believes that it would have been unable to obtain critical information from numerous detainees, including [Khalid Sheik Mohammed] and Abu Zubaydah, without these enhanced techniques.” The memo continues: “Before the CIA used enhanced techniques . . . KSM resisted giving any answers to questions about future attacks, simply noting, ‘Soon you will find out.’ ” Once the techniques were applied, “interrogations have led to specific, actionable intelligence, as well as a general increase in the amount of intelligence regarding al Qaeda and its affiliates.” [continued…]

Editor’s Comment — Cheney’s interests — as always — are preeminently political, rather than legal or moral. He understands that the argument that the vast majority of Americans will buy without a second thought is that when it comes to counterterrorism, whatever can be demonstrated as having “worked” is demonstrably justifiable. If waterboarding yielded vital intelligence, it was warranted. Lives were saved. Cheney et al did the right thing.

The problem with this line of reasoning is that it provides an ironclad justification for torture. If the protection of American lives is a supreme good, it follows that success in extracting vital intelligence by torturing a terrorist suspect and thereby saving lives, would provide the necessary moral justification for torture — at least for those who subscribe to this ends-justifies-the-means line of reasoning.

Yet — and here’s the problem — the Bush administration cleaved assiduously to the line: “we do not torture.” Why? Simply because it was illegal? Laws can be changed. If the administration was unwilling to change the law then this either means the pragmatic argument didn’t hold — because torture is wrong even when if it saves lives — or, and this would be utterly contrived, the proponents of not-quite-torture believed that their “legal” torture techniques were more effective than illegal torture.

The question Cheney needs to answer is this: If torturing terrorist suspects can save American lives, do you support the use and thus the legalization of torture?

If his answer is “no,” then the documentary evidence of how CIA interrogations “made us safer” is irrelevant to the current debate. If his answer is “yes,” then this begs a further question: Why have you spent all these years arguing that the US does not torture, rather than arguing that the US needs the legal freedom to do whatever it takes — including using torture — to protect its citizens?

Of course, even if Cheney was to face such questions he would decline the debate since he knows perfectly well that torture is indefensible — unless it can be dressed up as something else. “We didn’t torture. We defended America.”

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EDITORIAL: AIPAC on trial

AIPAC on trial

As the Harman-AIPAC story unfolds all I can do at this point is make a few observations whose significance (or irrelevance) will become apparent in the future.

The questions that everyone predictably grab hold of in a situation like this are: Why is the story coming out now? Who’s interests are served by the timing?

In this case a supposedly telling coincidence is the fact that the story comes out in the middle of the waterboarding controversy and, lo and behold, it turns out Harman was the only Congressional leader who had objected to the interrogation program.

Well, Jeff Stein is quite emphatic in asserting that the story came out at this particular time for prosaic rather than political reasons. When asked why it came out now he said: “No special reason. The story was not ‘planted’ on me to influence any other events – in particular the looming AIPAC trial or things related to the NSA’s warrantless wiretapping program. I’ve known about it for some time but just not been able to pull it together until now for various reasons.” He also said, “The fact is, there is no ‘timing’ to any ‘leak.’ No sources ‘came forward,’ so to speak. I learned about this quite a while ago and was just recently able to turn my full attention to it.” Stein has a reputation as a methodical, diligent journalist and I’ll take his word for it on the timing.

Meanwhile, as everyone scrambles to try and figure out what’s going on here there are vying narratives that seem to have more to do with the observers preoccupations than they do with the story.

This is a story about AIPAC. It’s not about waterboarding or warrantless wiretaps.

There are those who, even if they don’t like AIPAC, nevertheless seem to think the AIPAC investigation rests on shaky legal ground and doubt that it will ever make it to trial. But that level of skepticism is hard to square that view with what are already established facts.

Larry Franklin is sitting in jail, serving a 13-year term. Two Israelis involved in the case hold or are about to enter key positions in the new Israeli government. Naor Gilon, who was alleged to receive classified information both from Franklin and then-AIPAC officials, Steve Rosen and Keith Weissman, has just been appointed as Foreign Minister Avigdor Lieberman’s chief of staff. Another Israeli official also involved in the case, former Mosad director, Uzi Arad, is expected to become Prime Minister Netanyahu’s national security adviser.

Unless this trial is avoided (might there be a plea bargain in the works?), this isn’t going to just be about the arcane Espionage Act. It’s going to be about how AIPAC works. Potentially, it’s going to be about whether AIPAC is genuinely an independent lobbying organization, or whether its operations have become so deeply entwined with those of Likud/Kadima-led Israeli governments that AIPAC should be legally treated as an agent of a foreign government.

Sources: wiretap recorded Rep. Harman promising to intervene for AIPAC

Lieberman taps Franklin case diplomat for top slot

The Harman-AIPAC story: a timeline

Lawmaker is said to have agreed to aid lobbyists

Jeff Stein takes the Harman story to MSNBC

Who listened to Harman? NSA or FBI?

More on that “suspected Israeli agent”

Are the Harman leaks fueled by her dissent on waterboarding?

Exclusive: Feds probe a top Democrat’s relationship with AIPAC

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