By the way, Cheney's speech? Brilliant. (I enjoyed the opening joke. Dry, self-deprecating and Cheney-esque. I find him so lovable even when I don't agree with him that I'm truly mystified by, e.g., the vitriol being directed against him right now on friends' Facebook pages) I could kiss him just for saying thisThe OLC understood as well as any of its later critics that torture—the cruel and needless infliction of pain in order to dominate and control others or to exact confessions or information—was barbarism. It was precisely in order to prevent such barbarism that the memos were drawn up in the first place. It was also why then, and later, army and CIA interrogators tried to avoid even drawing close to those boundaries without explicit authorization.
Critics further assert that the OLC memos “denied” Geneva Convention status to the al-Qaeda and Taliban prisoners at Gitmo. One key lawyer, Michael Ratner, has claimed that by “ignoring” the Geneva Convention in this way, the Justice Department rules were in “violation of half a century of U.S. precedent.” This is incorrect. Yoo and the OLC were not making policy in the memos. They were attempting to describe the law as it stood.
In seeking to guard this nation against the threat of catastrophic violence, our Administration gave intelligence officers the tools and lawful authority they needed to gain vital information. We didn't invent that authority. It is drawn from Article Two of the Constitution. And it was given specificity by the Congress after 9/11, in a Joint Resolution authorizing "all necessary and appropriate force" to protect the American people.I am among those who would like a legal requirement that anyone proposing a law be compelled to show where the power lies in the Constitution! But that's not by any means the important part of the address.
now that this once top-secret information is out for all to see--including the enemy--let me draw your attention to some points that are routinely overlooked.It is a fact that only detainees of the highest intelligence value were ever subjected to enhanced interrogation. You've heard endlessly about waterboarding. It happened to three terrorists. One of them was Khalid Sheikh Muhammed--the mastermind of 9/11, who has also boasted about beheading Daniel Pearl.
We had a lot of blind spots after the attacks on our country. We didn't know about al-Qaeda's plans, but Khalid Sheikh Muhammed and a few others did know. And with many thousands of innocent lives potentially in the balance, we didn't think it made sense to let the terrorists answer questions in their own good time, if they answered them at all.
Maybe you've heard that when we captured KSM, he said he would talk as soon as he got to New York City and saw his lawyer. But like many critics of interrogations, he clearly misunderstood the business at hand. American personnel were not there to commence an elaborate legal proceeding, but to extract information from him before al-Qaeda could strike again and kill more of our people.
In public discussion of these matters, there has been a strange and sometimes willful attempt to conflate what happened at Abu Ghraib prison with the top secret program of enhanced interrogations. At Abu Ghraib, a few sadistic prison guards abused inmates in violation of American law, military regulations, and simple decency. For the harm they did, to Iraqi prisoners and to America's cause, they deserved and received Army justice. And it takes a deeply unfair cast of mind to equate the disgraces of Abu Ghraib with the lawful, skillful, and entirely honorable work of CIA personnel trained to deal with a few malevolent men.
Even before the interrogation program began, and throughout its operation, it was closely reviewed to ensure that every method used was in full compliance with the Constitution, statutes, and treaty obligations. On numerous occasions, leading members of Congress, including the current speaker of the House, were briefed on the program and on the methods.
Yet for all these exacting efforts to do a hard and necessary job and to do it right, we hear from some quarters nothing but feigned outrage based on a false narrative. In my long experience in Washington, few matters have inspired so much contrived indignation and phony moralizing as the interrogation methods applied to a few captured terrorists.
I might add that people who consistently distort the truth in this way are in no position to lecture anyone about "values." Intelligence officers of the United States were not trying to rough up some terrorists simply to avenge the dead of 9/11. We know the difference in this country between justice and vengeance. Intelligence officers were not trying to get terrorists to confess to past killings; they were trying to prevent future killings. From the beginning of the program, there was only one focused and all-important purpose. We sought, and we in fact obtained, specific information on terrorist plans.
Those are the basic facts on enhanced interrogations. And to call this a program of torture is to libel the dedicated professionals who have saved American lives, and to cast terrorists and murderers as innocent victims. What's more, to completely rule out enhanced interrogation methods in the future is unwise in the extreme. It is recklessness cloaked in righteousness, and would make the American people less safe.
A little more:
The administration seems to pride itself on searching for some kind of middle ground in policies addressing terrorism. They may take comfort in hearing disagreement from opposite ends of the spectrum. If liberals are unhappy about some decisions, and conservatives are unhappy about other decisions, then it may seem to them that the President is on the path of sensible compromise. But in the fight against terrorism, there is no middle ground, and half-measures keep you half exposed. You cannot keep just some nuclear-armed terrorists out of the United States, you must keep every nuclear-armed terrorist out of the United States. Triangulation is a political strategy, not a national security strategy. When just a single clue that goes unlearned, one lead that goes unpursued, can bring on catastrophe--it's no time for splitting differences. There is never a good time to compromise when the lives and safety of the American people are in the balance.
Behind the overwrought reaction to enhanced interrogations is a broader misconception about the threats that still face our country. You can sense the problem in the emergence of euphemisms that strive to put an imaginary distance between the American people and the terrorist enemy. Apparently using the term "war" where terrorists are concerned is starting to feel a bit dated. So henceforth we're advised by the administration to think of the fight against terrorists as, quote, "Overseas contingency operations." In the event of another terrorist attack on America, the Homeland Security Department assures us it will be ready for this, quote, "man-made disaster"--never mind that the whole Department was created for the purpose of protecting Americans from terrorist attack.
And when you hear that there are no more, quote, "enemy combatants," as there were back in the days of that scary war on terror, at first that sounds like progress. The only problem is that the phrase is gone, but the same assortment of killers and would-be mass murderers are still there. And finding some less judgmental or more pleasant-sounding name for terrorists doesn't change what they are--or what they would do if we let them loose.
RTWT. No, wait, I have to give you more:
The administration has found that it's easy to receive applause in Europe for closing Guantanamo. But it's tricky to come up with an alternative that will serve the interests of justice and America's national security. Keep in mind that these are hardened terrorists picked up overseas since 9/11. The ones that were considered low-risk were released a long time ago. And among these, we learned yesterday, many were treated too leniently, because 1 in 7 cut a straight path back to their prior line of work and have conducted murderous attacks in the Middle East. I think the President will find, upon reflection, that to bring the worst of the worst terrorists inside the United States would be cause for great danger and regret in the years to come.
In the category of euphemism, the prizewinning entry would be a recent editorial in a familiar newspaper that referred to terrorists we've captured as, quote, "abducted." Here we have ruthless enemies of this country, stopped in their tracks by brave operatives in the service of America, and a major editorial page makes them sound like they were kidnap victims, picked up at random on their way to the movies.
And this:
Another term out there that slipped into the discussion is the notion that American interrogation practices were a "recruitment tool" for the enemy. On this theory, by the tough questioning of killers, we have supposedly fallen short of our own values. This recruitment-tool theory has become something of a mantra lately, including from the President himself. And after a familiar fashion, it excuses the violent and blames America for the evil that others do. It's another version of that same old refrain from the Left, "We brought it on ourselves."
It is much closer to the truth that terrorists hate this country precisely because of the values we profess and seek to live by, not by some alleged failure to do so. Nor are terrorists or those who see them as victims exactly the best judges of America's moral standards, one way or the other.
Critics of our policies are given to lecturing on the theme of being consistent with American values. But no moral value held dear by the American people obliges public servants ever to sacrifice innocent lives to spare a captured terrorist from unpleasant things. And when an entire population is targeted by a terror network, nothing is more consistent with American values than to stop them.
Here he gets to the thing that's burning me most --Obama has retained the right to order enhanced interrogation techniques. He hasn't repudiated them at all.
The United States of America was a good country before 9/11, just as we are today. List all the things that make us a force for good in the world--for liberty, for human rights, for the rational, peaceful resolution of differences--and what you end up with is a list of the reasons why the terrorists hate America. If fine speech-making, appeals to reason, or pleas for compassion had the power to move them, the terrorists would long ago have abandoned the field. And when they see the American government caught up in arguments about interrogations, or whether foreign terrorists have constitutional rights, they don't stand back in awe of our legal system and wonder whether they had misjudged us all along. Instead the terrorists see just what they were hoping for--our unity gone, our resolve shaken, our leaders distracted. In short, they see weakness and opportunity.
What is equally certain is this: The broad-based strategy set in motion by President Bush obviously had nothing to do with causing the events of 9/11. But the serious way we dealt with terrorists from then on, and all the intelligence we gathered in that time, had everything to do with preventing another 9/11 on our watch. The enhanced interrogations of high-value detainees and the terrorist surveillance program have without question made our country safer. Every senior official who has been briefed on these classified matters knows of specific attacks that were in the planning stages and were stopped by the programs we put in place.
This might explain why President Obama has reserved unto himself the right to order the use of enhanced interrogation should he deem it appropriate. What value remains to that authority is debatable, given that the enemy now knows exactly what interrogation methods to train against, and which ones not to worry about. Yet having reserved for himself the authority to order enhanced interrogation after an emergency, you would think that President Obama would be less disdainful of what his predecessor authorized after 9/11. It's almost gone unnoticed that the president has retained the power to order the same methods in the same circumstances. When they talk about interrogations, he and his administration speak as if they have resolved some great moral dilemma in how to extract critical information from terrorists. Instead they have put the decision off, while assigning a presumption of moral superiority to any decision they make in the future.
Ok, now go RTWT before I quote the rest. Still working on the President's speech given the same night. I have to kind of work myself up for it.
