Fundie Atheists

They’re now suing a school board because a school mandates "a moment of silence"? Money quote:

A 14-year-old suburban girl and her dad, atheist activist Rob Sherman, filed a lawsuit Friday in U.S. District Court that challenges the constitutionality of a law requiring Illinois public schools to observe a moment of silence.

Sherman and his daughter Dawn, a freshman at Buffalo Grove High School, contend that the law providing for "silent prayer or for silent reflection on the anticipated activities of the day" runs afoul of the constitutional separation of church and state.

It makes you want to sympathize with the Christianists. Can we exercise a little mutual respect on these matters?

The Mukasey Ultimatum

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Here’s a really helpful exchange, I’d say, on whether Michael Mukasey really does have a responsibility to say whether waterboarding is torture before he is confirmed as attorney-general. Ben Wittes wrote in defense of Mukasey’s reticence in TNR. Marty Ledermam responds – to my mind persuasively – here. Money quote from Marty:

Which brings me to the final and most important reason why Judge Mukasey can answer the question — even if DOJ does not provide him with the classified OLC memos. There may well be some ambiguities at the margins about whether and under what circumstances certain interrogation techniques amount to torture, to cruel treatment under Common Article 3, to or conduct that shocks the conscience under the McCain Amendment. After all, as Henry Hart stressed, even legal rules that appear straightforward contain seeds of ambiguity, and raise difficult questions of application. Does a "No Vehicles in the Park" law prohibit a baby stroller? A statute of a tank? Roller skates? Bicycles? A wheelchair? An ambulance? (See H.L.A. Hart, Positivism and the Separation of Law and Morals, 71 Harv. L. Rev. 593, 607 (1958); Lon Fuller, Positivism and Fidelity to Law–A Reply to Professor Hart, 71 Harv. L. Rev. 630, 663 (1958); Jeremy Waldron, Vagueness in Law and Language: Some Philosophical Issues, 82 Cal. L. Rev. 509, 537 (1994); Pierre Schlag, No Vehicles in the Park, 23 Seattle U. L. Rev. 381 (1999).)

Therefore, some interpretive principles are invariably necessary, and there will be close cases. That’s true even of the Torture Act and Common Article 3’s ban on "cruel treatment and torture."

But if, in parsing the "no vehicles" rule, one arrives at the conclusion that a souped-up Corvette may be driven through the center of the park, then that’s a pretty good clue that you need to find yourself some new interpretive principles.

If a Corvette isn’t a car, nothing is a car. And if waterboarding isn’t torture, nothing is. Mukasey knows that waterboarding is torture and that the Bush administration has authorized it. If we are to expect the attorney-general to defend the rule of law and plain English, he needs to answer the question now.

Thompson and Fiscal Responsibility

He seems to me to be the best pick of the bunch – Democrat and Republican – on balancing the budget and grappling with the looming entitlement crisis. It’s the main reason I find myself listening to him more and more. He sounds like the Republicans I used to like:

"The one thing that all the experts agree on … is that we’re in an unsustainable position economically with regard to these programs," he recently told the anti-tax Club for Growth. "You’d think that would be the biggest thing we could talk about, other than national security. So we’ve got to talk about it."

Thompson intends to unveil a plan for entitlement reform in the coming weeks, according to his spokesman, but he has already been floating ideas, such as slowing the rate of Social Security benefit increases – a move that would, in effect, cut benefits. On Medicare, he suggests increasing fees for upper-income beneficiaries.

The “Obama Generation”?

A reader writes:

I live in a split (Democratic, liberal, Christian) household. My wife sees Hillary through a victim prism, a fearless woman who fights back. I keep my mouth shut, mostly, but my fingers crossed for Obama and Iowa.

And it’s not visceral for me; I’m just so tired of Hillary. I’m appalled at the dynasty aspect, of course, but more repulsed by this relentless boomerization. Obama’s appeal is also generational, but it’s MY generation: late boomers, Generation Jones, whatever, born in the late 50s and early 60s, with no Vietnam to haunt us, no campus battles to romanticize, no dead Presidents to mourn. Even Obama’s Hollywood liberal contemporaries are the anti-Streisands ( e.g., Clooney, Penn, Robbins), articulate and apparently willing to stay out of the way if necessary. I can’t see them crowding into an Obama Oval Office.

Aside from some of the exotic aspects of his life, Obama is someone I recognize. The thoughtful journey toward faith, the downplaying of race as an issue, the honesty and lack of artifice about his drug use — I know this guy, I went to college with him, I talk with him after church.  He shares a party with Hillary but little else, as far as I’m concerned, and about time.

My feelings entirely. Except for my deep distrust of the Clinton machine.

That Iowa Poll

I linked to it yesterday. Mark Blumental offers some words of caution. The Weekly Standard’s anonyblogger has a different take:

The big news in the Iowa poll is a statistical tie between Hillary Rodham Clinton at 29 percent and Barack Obama at 27 percent. The same wide-sample discount mentioned above applies to these Democratic numbers as well, but the fact is Hillary has nothing like a lock on Iowa. Nonetheless, the national media continue to crown HRC as the nominee – which is not so bad for Obama, because all this Hillary hype now merely cranks the guillotine blade higher and higher into the air should she lose Iowa. That would open the windows of Heaven to another great flood. In this new poll, it looks as if some of Edwards’s support is melting off to Obama. I’ve mentioned this before, but it’s worth saying again. If the combined Edwards/Richardson/Biden vote – 32 percent in this poll – declines in the final stretch to, say, 21 percent, where does that lost 11 percent of the caucus vote go? I think it breaks two to one or better to Obama. And if that’s correct, this poll approximately would read: HRC 32 percent, Obama 35 percent.

The next month is crucial for Obama. Nothing is inevitable, whatever the MSM is telling you.

Face Of The Day

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Children salute during a parade of students from military school for kids on October 28, 2007 in Nanjing of Jiangsu Province, China. Over 2,000 children from 42 military schools attended the event. According to local media, there are over 10,000 military schools for kids in China, in which children get national defence education. By China Photos/Getty Images.

The Reach Of Ron Paul

A reader writes:

I sent you an e-mail a while ago about the fact that Ron Paul supporters had a table and banners set up at the San Francisco Gun Show – the only politician to do so.

I just got back from a month of fishing in rural Idaho and Montana and I lost count of the number of Ron Paul signs that I saw in yards and in cars. I’d guess I saw 20 or 25 in all. I did not see a single sign for any other current presidential candidate, but did see many, many old Bush/Cheney bumper stickers.

He is clearly reaching some people.

Just for the record, I guess. Sometimes, I think blog readers have as much of a handle on what’s actually going on out there than most journalists. And wow: who wouldn’t want to have a life where you can go on a month of fishing in rural Idaho and Montana!

Torture Or National Security?

One advantage of a transcontinental plane trip is that I got a chance to get through almost all of Charlie Savage’s new book, "Takeover: The Return of the Imperial Presidency." This blog has covered on a daily and sometimes hourly basis much of what is in the book: the elevation of the executive branch above the rule of law; the unprecedented use of signing statements; the corruption of the OLC; the war crimes of John Yoo; the resistance of Goldsmith, Ashcroft and Comey to the de facto coup of Cheney and Addington; the secret authorization of torture; and the elaborate, ferocious and successful attempt to prevent 519y8x1kmll any democratic daylight coming into the protectorate that Bush and Cheney have set up and that the Clintons and, more ominously, Giuliani might inherit.

Savage has all the goods, with a real narrative flair and deep, factual detail that prompts alternate bouts of despair and rage at what has been done to American honor and the rule of law these past few years. Do yourself a favor: Read the book. It’s great to see rule-of-law conservatives like David Keene or Bruce Fein or George Will endorsing its thesis as well. But Savage also reminds me of an important part of the torture debate that I haven’t explained as well as I might have. The torture techniques authorized by Rumsfeld, Bush and Cheney are not just immoral and illegal; they are a terrible threat to our national security. Why? Because they originated as a means to extract false confessions in totalitarian societies, not as a means to gain actual, workable intelligence, i.e. anything we might hope to think of as the truth. Many of the techniques were mirror images of techniques that American soldiers had been trained to resist if captured by Viet Cong or North Korean or Soviet thugs – the famous SERE training. They had also, of course, been used by the Nazis. Yes, these torture methods, in most cases, left no physical marks – precisely so that captured American soldiers could be shown on television giving confessions as if they were volunteering real information. But they were lying, of course, because torture forced them to lie. And so, in an unknowable number of cases, have the torture-victims of the Bush administration. One thing I’d forgotten, of course, is one central case in which torture did give us actionable intelligence:

"Al Qaeda continues to have a deep interest in acquiring weapons of mass destruction… I can trace the story of a sernior terrorist operative telling how Iraq provided training in these weapons to al Qaeda. Fortunately, this operative is now detained and he has told his story."

The man who spoke those words was Colin Powell at the UN. The "operative", we now know, was Ibn al-Shaykh al-Libbi. He was waterboarded and given Bush-approved hypothermia treatment, i.e. frozen till he could take it no longer. It was only then that he told of al Qaeda’s links with Saddam’s WMDs. Guess what? Libbi subsequently retracted his confession. According to ABC News, the CIA subsequently found al-Libbi "had no knowledge of such training or weapons and fabricated the statements because he was terrified of further harsh treatment." So I now realize that part of the reason I believed the WMD case for war against Saddam was because the Bush administration had been secretly torturing suspects and got false confessions. The biggest intelligence failure in recent US history – the WMD case in Iraq – was partly created by the torture policy.

The same story is true of another tortured prisoner, Abu Zubaydah, as recounted in Ron Suskind’s book.

Zubaydah, as Savage reports,

was waterboarded, beaten, threatened, subjected to mock executions, and bombarded with continuous deafening noise and harsh lighting.

Zubayhdah gave the FBI dozens of warnings of looming attacks across the US: plots to bomb shopping malls, banks, supermarkets, nuclear plants, apartment buildings, water systems. Many of the terror alerts issued by the Bush administration were based on Zubaydah’s tortured false confessions. See the picture? It’s a closed circle. Cheney and Bush have sealed off the government from even cursory Congressional oversight; they have instituted torture as a primary means for intelligence gathering; and used that intelligence to justify war and more torture. Once you enter this vortex of torture and untruth, there is no escaping it. This is where we now find ourselves. There is no doubt in my mind, in other words, that not only is torture evil, it is terribly dangerous for our national security. We have expended enormous resources in fighting threats that are not there, while failing to expend the necessary resorces and time to figure out accurately what exact threats we do face. When you hear of the intelligence extracted by torture, remember that it was the intelligence that "proved" that Saddam and WMDs and links to al Qaeda. Tyrants get the tortured to say what they want them to say. The point of torture is always and everywhere torture.