rssThree Excedrin Later, I Still Can’t Understand Mike Hayden’s Argument Against Releasing Torture Memos
Thursday, April 16, 2009 at 3:09 pm
- 7 Comments
The Obama administration is apparently going to release the 2005-era Office of Legal Counsel memoranda about what torture techniques the CIA could employ. Keep hitting refresh here. MSNBC’s Andrea Mitchell had former CIA Director Mike Hayden on to make the case against disclosure of the memos, and for the life of me, I can’t see how this argument isn’t indicative of a certain outdated mode of thinking. Hayden:
The president, when he issued his executive order tying all American agencies to the Army field manual, also launched a six-month study to determine whether or not the field manual, the Army field manual and the 19 techniques contained therein, are sufficient in all cases facing the Republic. We’re in the midst of that study. To make these techniques public — and Andrea, I must admit, I’ve not seen the redacted version, so I don’t know the final decision — but to the degree to which we make these techniques public, to tell our enemies the outer limits of American interrogation techniques, it moots the study that the president directed, because it effectively takes these techniques off the table.
Well, yes, exactly. The only way this would be problematic is if you believe the Obama administration issued the executive order banning torture as a public cover while it secretly let the CIA return to Bush administration-era practices. Even then, it’s not totally problematic, because we know from numerous public disclosures in the press that the CIA has, for instance, waterboarded people. In that nefarious circumstance, at least Hayden’s point would have some merit, because the administration could always withhold official recognition about what techniques the CIA employed in interrogations. It would be a lie. But still.
But in fact, officials all down the line — from President Obama to Attorney General Holder to CIA Director Panetta — have expressly forsworn torture. They embraced the Army field manual, which is not legally problematic from a Geneva Conventions-compliance perspective, precisely for that reason. There are important vagaries, because the field manual can’t envision every conceivable case, and that’s what the review is going to address. And since I see that the president has put out a statement in the time it’s taken me to write this post, I’ll just quote Obama:
First, the interrogation techniques described in these memos have already been widely reported. Second, the previous Administration publicly acknowledged portions of the program – and some of the practices – associated with these memos. Third, I have already ended the techniques described in the memos through an Executive Order. Therefore, withholding these memos would only serve to deny facts that have been in the public domain for some time. This could contribute to an inaccurate accounting of the past, and fuel erroneous and inflammatory assumptions about actions taken by the United States.
Radical concept.
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7 Comments
Comment posted April 16, 2009 @ 1:17 pm
My hat is off to the Obama administration for restoring American values in the system of justice, and eliminating torture as a means of interrogation of any terrorist, be he foreign or domestic. After all, we tried Timothy McVeigh, didn't we?
But, what remains to be done, is to bring those civil servants to trial for the war crimes they have committed. Now, I am not referring to CIA officers who merely carried out instructions, but to those senior Bush administration officials that granted permission to TORTURE, which is an international war crime, which should not just be swept under the rug. I am talking about Addington, Yoo, Rove, Cheney, and any other senior officials who took part in this clear violation of international law and the Geneva Convention. Those who are lawyers, like John Yoo, should be disbarred, and along with the others should be criminally charged.
Should we have to depend on another country, such as Spain, to enforce international law for us? This would add shame upon shame. Our country deserves better, and 9-11 was not an excuse to throw all the inconvenient laws and international treaties aside. We have to set a new precedent, a precedent of justice and fairness.
Pingback posted April 16, 2009 @ 4:39 pm
[...] Administration, Daily life, Government, Law, Obama administration, Torture at 1:39 pm by LeisureGuy Spencer Ackerman: The Obama administration is apparently going to release the 2005-era Office of Legal Counsel [...]
Comment posted April 18, 2009 @ 12:28 pm
When we are attcaked again by terrorist on our soil or abroad because of Obama;s reckless and stupid actions, we have no one to blame but Obama and Democrats. Although we respect the presidency, Obama has really gone out his ways to appear anyone or groups including terrorist organizations and the US's adversaries, who despise America and American people, as well as our constitution and ways of life. Since he was moved into the White House, he has unilaterally abandoned all ant-terrorist programs, given up all preventive and safeguard policies, appeasing to anti-American Muslims and Europeans, and accusing our brave men and women in uniforms of terrorist acts. What else he can not do. man, this only the first 100 days!
Comment posted April 23, 2009 @ 12:05 pm
President Obama is effectively tying the hands of the CIA to obtain information that could be vital to saving American lives. I am tired of this president's lack of respect for our history, he seems to think that if he does this and that then our enemy's will like him and all will be right with the world. This president scares me in his lack of forsite and knowledge. He mandates actions that I believe are going to put our country and our safety at risk.
Comment posted April 23, 2009 @ 12:08 pm
I am afraid that you are correct. The demise of our great country is coming from within – at the highest ranks by our Commander and Cheif. I respect the Presidency but I by no means respect the man that holds that position today. Hopefully there will be something left of our country and in 4 years we can correct the mistake that is in office now.
The constitution seems to mean nothing to him and he is leading us to socialism.
Comment posted April 23, 2009 @ 7:05 pm
President Obama is effectively tying the hands of the CIA to obtain information that could be vital to saving American lives. I am tired of this president's lack of respect for our history, he seems to think that if he does this and that then our enemy's will like him and all will be right with the world. This president scares me in his lack of forsite and knowledge. He mandates actions that I believe are going to put our country and our safety at risk.
Comment posted April 23, 2009 @ 7:08 pm
I am afraid that you are correct. The demise of our great country is coming from within – at the highest ranks by our Commander and Cheif. I respect the Presidency but I by no means respect the man that holds that position today. Hopefully there will be something left of our country and in 4 years we can correct the mistake that is in office now.
The constitution seems to mean nothing to him and he is leading us to socialism.
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