THE JAG MEMOS

Here they are – classified for a long time for no apparent reason except to prevent public debate of the government’s actions in treating detainees. I’m on vacation, so I’ll happily allow Marty Lederman to explain why they’re important to the debate on military interrogation, why these uniformed men and women are heroes for resisting the president’s law-breaking, and why decent conservatives in the Senate understand that this administration’s shameful record must be corrected by legislation. The administration is so desperate to retain complete control over detention policies, so as to pick and choose when to torture and abuse prisoners, that they have delayed the military authorization bill to the fall to prevent the McCain and Graham amendments. Deep down, this is a debate about whether the president, in a war with no defined end, can simply place himself above the law whenever he so desires, in order to reverse America’s long-standing policy of treating prisoners humanely. It’s about resisting praetorian government. It should be a matter of pride that the first people to resist this were not the ACLU, or anti-war campaigners, or prickly bloggers, but the men and women in our armed services who are proud of their traditions and horrified by what this administration has been perpetrating.

– posted by Andrew.