tenacity…

Posted on Saturday 26 April 2008


The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law. The legal interpretation, outlined in recent letters, sheds new light on the still-secret rules for interrogations by the Central Intelligence Agency. It shows that the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees.

While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments.

“The fact that an act is undertaken to prevent a threatened terrorist attack, rather than for the purpose of humiliation or abuse, would be relevant to a reasonable observer in measuring the outrageousness of the act,” said Brian A. Benczkowski, a deputy assistant attorney general, in the letter, which had not previously been made public.
It has been clear that the order preserved at least some of the latitude that Mr. Bush has permitted the C.I.A. in using harsher interrogation techniques than those permitted by the military or other agencies. But the new documents provide more details about how the administration intends to determine whether a specific technique would be legal, depending on the circumstances involved.
Some legal experts critical of the Justice Department interpretation said the department seemed to be arguing that the prospect of thwarting a terror attack could be used to justify interrogation methods that would otherwise be illegal. “What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense,” said Scott L. Silliman, who teaches national security law at Duke University…
The tenacity of the Bush Administration in refusing to change anything that they have decided to do is extraordinary. When the Iraq Study Group says get out of Iraq, use diplomacy, the war is lost, they decided to send more troops [the SURGE] and step up the "win" rhetoric. When Congress finally is able to pass legislation that "crosses" the Administration, Bush nullifies it with unilateral "signing statements" that essentially rewrite the legislation. When Congress attempts oversight, the President orders his Staff to disregard subpoenas claiming Executive Priviledge. When what they’re doing is specifically illegal, the "legalize" it with Secret Memos written by their appointees, like the fair-haired boy of the Federalist Society, John Yoo. Vice President Cheney refuses all oversight. The Presidential emails simply disappear.

Now, we have the situation where the issue of Torture has been exposed as an active policy of the Administration. Some of the Yoo Memos have been released to the horror of our Constitutional Law experts who see them as way off the mark. By any parameter, Torture isn’t okay by our laws. Torture isn’t okay with our people. Yet, "the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees."

The Bush Administration will not accept any regulation of their behavior by anyone – Courts, Congress, Popular Opinion, the U.N. – nothing is above their own decisions. When faced with a rebuke, they simply look for the next way around it. The only way to stop them is to remove them from office, and nobody has either risen to that challenge or figured out how to do it. I don’t really understand why…

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