Cheney’s Special Project

by Patrick Appel

Scott Horton makes seven points on the CIA report. Number four:

All trails lead to the Vice President’s office. At several points, redactions begin just when the discussion is headed toward the supervision or direction of the program and context suggests that some figure far up the Washington food chain is intervening. Moreover, as Jane Mayer recounts in Dark Side, Helgerson’s report was shut down when he was summoned, twice, to meet with Dick Cheney, who insisted that the report be stopped. Cheney had good reason to be concerned. This report shows that the vice president intervened directly in the process and ensured that the program was implemented. The OPR report likewise shows Cheney’s office commissioning the torture memos and carefully supervising the process. It is increasingly clear that torture was Dick Cheney’s special project and that he was personally and deeply involved in it.

And the CIA report has some amazing nuggets that show Cheney’s hand. In 2003, after Jay Bybee departed OLC, Cheney struggled to have John Yoo installed as his successor, but ultimately John Ashcroft’s candidate, Jack Goldsmith, prevailed. Goldsmith quickly backtracked on the torture authorizations that Yoo and Bybee gave. The result? The CIA stopped taking its cue from OLC and instead turned to the White House for guidance. It is remarkably vague on the particulars, and blackouts emerge just as passages seem to be getting interesting. But there’s little doubt that Dick Cheney and his staff were pushing the process from behind the scenes.

OK, so MJ’s Doctor Was Probably a Creep.

by Hanna Rosin

Several of you wrote to chastise me for suggesting that it seemed excessive to charge Michael Jackson's doctor for the singer's OD. Here is one particularly good response from a reader:

Propofol, the anesthetic that apparently killed Jackson, is definitely not like a street drug, and not even particularly similar to commonly abused prescription drugs like Oxycontin or Adderol. Propofol has an extraordinarily small dosage window, meaning that dosage needs to be carefully controlled by a doctor. This is why it is almost never allowed out of hospitals and doctors offices, and why its abuse is generally limited to those with direct access (for a good, accessible article on the subject, try this article from Anesthesiology Today. The fact that any doctor could allow the use of this drug outside of an operating room is appalling.

Point taken. The Washington Post quotes John Dombrowski, director of the American Society of Anesthesiologists, on the subject of using Propofol as a sleeping aid: "That'd be like me taking chemotherapy because I'm tired of shaving my head."

What They Still Hide

By Andrew

Among those parts of the 2004 CIA report censored from viewing: the circumstances of four prisoners tortured to death (among up to a hundred murdered by the CIA and military under Bush's command), and the near-death of KSM under the torture techniques of the Khmer rouge, proudly championed by Dick Cheney as a "no-brainer".

“The Failings Of Our Democracy”

by Andrew

Scott Hinderaker believes that democracy fails when it tries to keep its executive branch from violating the rule of law by authorizing the brutal torture and abuse of thousands of prisoners, many innocent. Let that sink in. It is part of the failure of democracy, in Hinderaker's view, that it doesn't empower the government to do anything it wants to do in the name of national security.

To put it bluntly, this is the classic fascist critique of liberal democracy. Fascists have always criticized democratic restraints on executive war-power, even when that war power is specifically designed to include citizens and to apply across the territory of the homeland as well as anywhere on the globe. As for the torture techniques previously used by the Gestapo, the Communist Chinese, the Soviet Gulag, and the Vietnamese, Hinderaker believes these were all "reasonably humane." What was done to John McCain, in Hinderaker's view, was humane, and certainly not torture; and what McCain was forced to confess was as reliable as the tortured confessions we now see on Iranian television.

Understanding the current right's embrace of total state power against the individual takes time to absorb. But liberal democracy has no more dangerous enemies than these.

Creating His Own Reality

by Patrick Appel

Greg Sargent wants to know who in the MSM will call Cheney on his distortions. CNN is not covering itself in glory. Michael Scherer shows how it is done:

Cheney does not mention the claim, which he has made elsewhere, that the use of enhanced interrogation techniques produced information that saved lives. Rather, he claims only that “individuals subjected to Enhanced Interrogation Techniques provided the bulk of intelligence we gained about al Qaeda.” This statement is neither in dispute, nor much of a revelation. The enhanced techniques, when they were used as designed and not by rogue agents without proper supervision, were employed on a select few detainees who knew a lot about al Qaeda. The outstanding question is whether the enhanced techniques were necessary to produce the information, and on that score the memos continue to paint a muddy picture, as TIME's Bobby Ghosh explains today in this piece. In fact, the CIA IG concludes that measuring the effectiveness of the harsh techniques is a “subjective” task, with no clear result.

This line from Cheney's statement is revealing: "President Obama's decision to allow the Justice Department to investigate and possibly prosecute CIA personnel…" Cheney doesn't blame Holder for going ahead with prosecutions; he blames Obama. In Cheney's formation, the DOJ is not autonomous but subservient to the executive.

Staying The Course On Gitmo

by Chris Bodenner

Michael Goldfarb touts a new Rasmussen poll showing decreased support for closing Guantanamo – now only 32%, down six points from May and 12 points from January. The fear-mongering of politicians – primarily Republicans running for office next year – has contributed to the drop I'm sure. But the administration's lack of conveying clear steps to the public – at least in generalities  – hasn't helped either, particularly with only five months from the closure deadline. But as the opinion polls fluctuate, it is important to remember where the most valued opinions lie:

With respect to Guantanamo, I think that the closure in a responsible manner […] sends an important message to the world, as does the commitment of the United States to observe the Geneva Convention when it comes to the treatment of detainees.

That was Petraeus back in May. Though he probably won't weigh in on whether Fort Leavenworth is a suitable place for detainees (given the military's neutrality on domestic politics), I have little doubt he believes the max-security prison can handle them. After all, Petraeus commanded the fort just prior to his arrival on the national scene, so he knows Leavenworth well.  Another general once stationed there, Colin Powell, had more forceful words on Gitmo (perhaps due to his retirement):

Guantanamo has become a major, major problem … in the way the world perceives America and if it were up to me I would close Guantanamo not tomorrow but this afternoon. […] We don't need it and it is causing us far more damage than any good we get for it.

When our two most revered military figures are on board, the whims of skittish Americans seem less consequential. And I wonder if the Cheney of today would agree with the Cheney of 2007:

Polls change day by day, week by week. […] This president does not make policy based on public opinion polls; he should not.

Against The Do Nothing Option

by Patrick Appel

Bruce Bartlett addresses stimulus opponents:

Some conservatives who opposed the stimulus in February now concede that it helped. On Aug. 7, Douglas Holtz-Eakin, John McCain's chief economic advisor during last year's campaign, told reporters, "no one would argue that the stimulus has done nothing." On Aug. 10, Niall Ferguson of the Hoover Institution said the stimulus "has clearly made a significant contribution to stabilizing the U.S. economy." I think conservative economists need to get together and come up with a consensus opinion on what should have been done about the recession because sooner or later there's going to be one on a Republican's watch. When that happens, I rather suspect that the do-nothing option will not be on the table.

Tyler Cowen tackles bailout opponents.

Quote For The Day

By Andrew

"The fact that we are not really bothered any more by taking helpless detainees in our custody and (a) threatening to blow their brains out, torture them with drills, rape their mothers, and murder their children; (b) choking them until they pass out; (c) pouring water down their throats to drown them; (d) hanging them by their arms until their shoulders are dislocated; (e) blowing smoke in their face until they vomit; (f) putting them in diapers, dousing them with cold water, and leaving them on a concrete floor to induce hypothermia; and (g) beating them with the butt of a rifle — all things that we have always condemend as "torture" and which our laws explicitly criminalize as felonies ("torture means. . . the threat of imminent death; or the threat that another person will imminently be subjected to death, severe physical pain or suffering . . .") — reveals better than all the words in the world could how degraded, barbaric and depraved a society becomes when it lifts the taboo on torturing captives," – Glenn Greenwald, Salon.

The Evidence Mounts Still Further

YOOMandelNgan:AFP:Getty

By Andrew

I'll write at more length when I'm back off my summer bloggatical, but the question of torture – and the United States' embrace of inhumanity as a core American value under the presidency of George W. Bush – remains, in my view, the pre-eminent moral question in American politics. The descent of the United States – and of Americans in general – to lower standards of morality and justice than those demanded by Iranians of their regime is a sign of the polity's moral degeneracy. Compare these two stories today. Item One:

The charges of rape and torture have struck directly at the moral and religious authority the nation’s theocratic leaders claim. The government initially denied Mr. Karroubi’s charges, and the speaker of Parliament, Ali Larijani, said a review had proved they were baseless.

But Mr. Karroubi has refused to back down even as clerics and military leaders aligned with the government have called for his arrest. Faced with public disgust and outrage, the Parliament agreed to review his evidence. A parliamentary committee met with Mr. Karroubi on Monday. One member, Kazem Jalili, told Iranian news agencies that Mr. Karroubi had said that four people told him they had been raped.

You will notice once again that the New York Times is able to use the word "torture" to describe torture – but only when it is committed by governments other than that of the US. The NYT under the editorial guidance of Bill Keller has, by cowardice and weakness, abetted the degeneracy that Cheney accomplished. Every time the NYT uses a different standard to judge foreign and American torture, it undermines the core moral basis of liberal democracy. And if the NYT cannot stand firm, what chance someone like Pete King? Here he is, responding to acts that included murder, rape, sexual abuse and torture conducted by the CIA under the command of George W. Bush:

"When Holder was talking about being 'shocked' [before the report's

release], I thought they were going to have cutting guys' fingers off or something – or that they actually used the power drill," he said. Pressed on whether interrogators had actually broken the law, King said he didn't think the Geneva Convention "applies to terrorists," and that the line between permitted and outlawed interrogation policies in the Bush years was "a distinction without a difference."

"Why is it OK to waterboard someone, which causes physical pain, but not threaten someone and not cause pain?" he asked, warning of a "chilling" effect on future CIA behavior.

King is right, of course, that the difference between what Bush authorized and the new revelations is non-existent. There is no moral or legal distinction between subjecting someone to 960 hours of sleep deprivation (as Bush did to Qahtani), or slamming people against walls, of freezing them to near-death, or murdering them by stress position … and threatening to murder someone's kids or stage a mock execution. But King then draws the inference that all of it is fine, as long as it cannot be portrayed in the tabloids as literally drilling through a detainee's skull. (He seems unaware that this would actually kill someone, not torture them.)

But King is not alone in believing that the US should be less restrained by moral qualms than Iranians demand of their own illegitimate regime. Indeed, much of the American people, especially evangelical Christians, expect less in terms of human rights from their own government than Iranians do of theirs'. In fact, American evangelicals are much more pro-torture in this respect than many Iranian Muslims.

This is what Bush and Cheney truly achieved in their tragic response to 9/11: two terribly failed, brutally expensive wars, the revival of sectarian warfare and genocide in the Middle East, the end of America's global moral authority, the empowerment of Iran's and North Korea's dictatorships, and the nightmares of Gitmo and Bagram still haunting the new administration.

But what they did to the culture – how they systematically dismantled core American values like the prohibition on torture and respect for the rule of law – is the worst and most enduring of the legacies.

One political party in this country is now explicitly pro-torture, and wants to restore a torture regime if it regains power. Decent conservatives for the most part simply looked the other way. Unless these cultural forces in defense of violence and torture are defeated – not appeased or excused, but defeated – America will never return the way it once was. Electing a new president was the start and not the end of this. He is flawed, as every president is, but in my view, the scale of the mess he inherited demands some slack. Any new criminal investigation which scapegoats those at the bottom while protecting the guilty men and women who made it happen is a travesty of justice. If it is the end and not the beginning of accountability, it will be worse than nothing.

But it need not be the end of the story. Indeed, it can be the beginning if we make it so. We cannot stop this sad and minuscule attempt to restore a scintilla of accountability to some individuals low down on the totem pole. Eric Holder is doing what he can. But we can continue to lobby and argue for the extension of accountability to the truly guilty men who made all this happen and still refuse to take responsibility for war crimes on a coordinated scale never before seen in American warfare, and initiated by a presidential decision to withdraw from the Geneva Conventions and refuse to abide by their plain meaning and intent.

Our job, in other words, is to raise the core moral baseline of Americans to that of Iranians. That's the depth of the hole Cheney dug. And it's a hole the current GOP wants to dig deeper and darker.