Editore"s Note
Tilting at Windmills

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April 17, 2009

CONFIRMING WHAT WE ALREADY KNEW.... I'd hoped we were past this, but the standard line from conservatives today is that President Obama somehow undermined national security yesterday by releasing the Bush administration's secret torture memos. Former CIA director Michael Hayden and former Attorney General Michael Mukasey push the line pretty aggressively today in a WSJ op-ed, arguing, among other things, that exposing abusive tactics is likely to "diminish the effectiveness of these techniques."

Actually, prohibiting torture and refusing to commit war crimes necessarily diminishes the effectiveness of these techniques since they won't be used anymore. But I digress.

If the Hayden/Mukasey argument sounds familiar, it's because Bush and Cheney, among others, used it with some regularity during the last administration. If future detainees know what we're likely to do with them, the bad guys can prepare for those specific techniques. Obama, the argument goes, therefore made interrogations more difficult.

This is foolish for a variety of reasons. First, the president has already banned torture. Second, there's no way to "prepare" for waterboarding. And as Greg Sargent explained, these complaints today are badly missing the point.

While a few technical torture details in the memos were new, much about the techniques themselves had already been public. Indeed, what's actually new about the memos is that they reveal in unprecedented detail the Bush administration's effort to legally justify already-known techniques. [...]

[M]uch about these techniques was already publicly known. For instance, the recently released report from the Red Cross contains detailed descriptions of techniques such as hurling suspects against a wall; face-slapping; confinement in a box; prolonged nudity; sleep deprivation; waterboarding; etc., etc. These were the techniques detailed in yesterday's memos. This stuff is detailed in other places.

Yes, there were some new details in yesterday's memos -- the "insect" torture, for instance -- and the precise descriptions of some of the techniques were new, and hence striking. But the broad outlines were already known, so the memos didn't really give away a host of torture secrets.

Quite right. In fact, the Wall Street Journal reported today that the president became more inclined to release the materials, without significant redactions, precisely because the New York Review of Books had already published the Red Cross account. If most of the information was already in the public domain, there was less of a need for the administration to pretend the details were secret.

The point here has less to do with interrogation details and more to do with the lengths loyal Bushies went to rationalize and justify torture.

Steve Benen 4:50 PM Permalink | Trackbacks | Comments (24)
 
Comments

Michael Hayden should be hiring a lawyer and not publishing lies in the Wall Street Journal. He was on the Charlie Rose Show in 2007 swearing up and down that exactly 3 people were waterboarded. When I find that someone has lied to me, I don't believe anything else they say. Good lesson for the Wall Street Journal.

Posted by: tko on April 17, 2009 at 4:56 PM | PERMALINK

Actually, prohibiting torture and refusing to commit war crimes necessarily diminishes the effectiveness of these techniques since they won't be used anymore.

I would say, rather, that prohibiting the use of torture necessarily increases effectiveness since we will no longer have to parse the false and unreliable information those techniques yield.

Posted by: doubtful on April 17, 2009 at 4:57 PM | PERMALINK

Re: Lengths. Including, as TPMMuckracker points out, distorting for justification the research of a scientist's findings on sleep deprivation.

Posted by: Trevor J on April 17, 2009 at 4:58 PM | PERMALINK

See, if they can scare you to death, then they think you'll STFU.

Fear-mongering -- last resort of the Scoundrel.

Posted by: leo on April 17, 2009 at 4:58 PM | PERMALINK

"...that exposing abusive tactics is likely..."

...that exposing TORTURES USED is likely...


"...necessarily diminishes the effectiveness of these techniques since they won't be used anymore."

...necessarily diminishes the effectiveness of TORTURE since IT won't be used anymore.

Posted by: JeffF on April 17, 2009 at 5:03 PM | PERMALINK

Torture will continue to be used. Happens every time I listen to Sarah Palin speak.

Posted by: Chocolate Thunder on April 17, 2009 at 5:13 PM | PERMALINK

you haven't heard the worst of it...

found this over at fox news [online]:

David Rivkin, who served in the administrations of Ronald Reagan and George H.W. Bush, released a statement Friday saying the release of four memos provides a "great benefit" to the former president.

"This data is analyzed in great detail to establish that the use of these techniques does not inflict either physical or psychological damage," said Rivkin. "The conclusions (the) memos reach -- that the specific interrogation techniques used by the CIA did not constitute torture -- are eminently reasonable."

Rivkin argued that the documents were "well-written" and featured "careful and nuanced legal analysis." He said the United States did not use "brute force" and the memos prove detainees weren't tortured.

"In short, these memos go a long way towards rebutting shrill and unfair attacks on the integrity of Bush administration officials, and, more generally, on America's honor," he said.

read it and weep...

Posted by: dj spellchecka on April 17, 2009 at 5:14 PM | PERMALINK

" ... that exposing abusive tactics is likely to 'diminish the effectiveness of these techniques.'"

How much more diminished can they be? We know they don't work. Period.

I would think that the ressurection of such tools shows a complete lack of research into what might constitute "modern" means of obtaining information from suspects. It seems like intelligence properly applied could make these "tools" as irrelevant as the iron maiden, thumbscrew, rack, and wheel.

Posted by: Kurt on April 17, 2009 at 5:14 PM | PERMALINK

The main thing we learned from the Bybee memo was what the CIA claimed to know about Abu Zabaydah - that he was a top officer with intimate knowledge of all AQ plots, that he was a bright and strong willed jihadist, that there was evidence of an immanent attack. You might think the screenwriters from "24" had written this. And what a contrast between this profile and the one offered by Corn and Izikoff, who describe him like the dumb cousin who gets to hold the clipboard.

Posted by: Danp on April 17, 2009 at 5:17 PM | PERMALINK

"Attorney General Michael Mukasey" - isn't the conjunction a disgrace?

Posted by: Neil B. ♣ on April 17, 2009 at 5:20 PM | PERMALINK
the lengths loyal Bushies went to rationalize and justify torture
And it continues even now -- over the last couple of days, I have read and heard repeatedly about how comprehensive, detailed, clear the legal reasoning was in these memos. However, as a lawyer, I has the exact opposite reaction. I was shocked the generally poor quality of reasoning. The memos were full of perfunctory summary and conclusory statements and findings. Few references citations at all, and even fewer on point. Ridiculous assumptions or factual statements and conclusions made on no evidence. Outright misrepresentations when evidence was presented. Especially given the gravity of the subject matter, I expected much more. Posted by: MLE on April 17, 2009 at 5:22 PM | PERMALINK

Pretty precious how a few lefties with law degrees from state schools think they know more than the top lawyers recruited by the Bush administration. But Monday morning quarterbacking is you guys' specialty. That and trying to embarrass our country in front of the rest of the world by airing this stuff.

Posted by: Myke K on April 17, 2009 at 5:29 PM | PERMALINK

If the lawyers of the Bush administration had been recruited for their legal reasoning skills rather than their ideological purity, you might have a point.

Posted by: kenga on April 17, 2009 at 5:39 PM | PERMALINK

That and trying to embarrass our country in front of the rest of the world by airing this stuff.

But we have the carefully reasoned, factually supported, and analysis of top lawyers recruited by the Bush administration telling us that this is not torture and all perfectly legal. What's to be embarrassed about? It should be celebrated!

Posted by: Ugh on April 17, 2009 at 5:40 PM | PERMALINK

It is the "torture program" that is new. Who cares about the friggin techniques? What matters is that there was a program of torture. The torture memos are hard evidence of the premeditated nature of the whole thing: an entire memo on the torture of one individual!

The point, as was stated over and over again in the memos, and in the Op-Ed today is that we need to be able to treat people so that they have no hope...no hope of anything, not even the hope of imminent death. It is the complete opposite of freedom or humanity or civilization.

Posted by: tomj on April 17, 2009 at 5:43 PM | PERMALINK

Hey mhr, first of all you are wrong because the anthrax attacks happened afterward (BTW the official explanations are rubbish.) Other than that, our being safe was mostly a function of all the other security measures the whole world took after 9/11. The information from torture was so unreliable anyway little could be used. But even if some corner cutting is justified in emergencies, the process was corrupted into guards playing games with prisoners anyway (has everyone forgotten Abu Ghraib?)

And most of Bush's policies certainly made us less safe for the long haul because Al Qaeda and the Taliban regrouped in Afghanistan while Bush's misadventure in Iraq drained our our economic, human and political capital.

Posted by: Neil B ☺ on April 17, 2009 at 6:06 PM | PERMALINK

Second, there's no way to "prepare" for waterboarding.

I wouldnt think so, but if that's true, then why do our armed forces subject our own troops to waterboarding in SERE school?

Dont get me wrong - I definitely think waterboarding is torture. I just dont know if this point is correct.

Posted by: TG Chicago on April 17, 2009 at 6:26 PM | PERMALINK

Digress all you want. I love it! But, then, after trying to read one of the memos--wade through the spelling errors, strange type, etc., no one should be surprised if these two guys think the techniques won't be effective now. Not the brightest lights in the room.

Posted by: E. D. on April 17, 2009 at 6:28 PM | PERMALINK

Such sophistry in the WSJ. Info or no info, released or retained documents, one cannot "diminish" the effectiveness of techniques that are NOT effective. What is less than zero? Torture produces lies and fantasies, and they in turn not only do not help but can do harm.

Would you want your son, daughter, best friend, self or any American solider sent out on some cockamamie mission based on the hallucinations or desperate spinning of somebody who would say or do ANYTHING to stop the pain?

Posted by: SF on April 17, 2009 at 6:29 PM | PERMALINK

I'm pretty sure that everybody knows what types of torture the Bush Administration ordered (maybe with the exception of learning the torturee's worst fear and trying to exploit that). I can't see how the publication of these memos were a blow to our intelligence-gathering community.

The "blow" would be to the Justice Department officials who rationalized laws to favor what Bush, et al, wanted to do. I'm wondering if the CIA wanted the rationalization/justification in writing (after the penny ante convictions for Abu Ghraib) before they would touch anyone. CYA, on their part. They'd do it, but they weren't going to prison for it. The Bushies thought they could get by with it and they have so far. After all, you can't convict or even question someone who ignores a subpeona. They'll all just claim "privilege", which was the problem all along...they all thought they were above the law.

Posted by: VA2CA on April 17, 2009 at 6:42 PM | PERMALINK

The reason Hayden and Moo-CaCa didn't want the data released is that it takes away their right not to testify before Congress. Obama's commentary also doesn't specifically prohibit prosecution of the higher-ups---and those higher-ups might also include Bush and Cheney.

It might also open the total can-o-worms that the Right simply can't afford to have opened; the "Pandora's Box" that kills off their "party" for all time....

Posted by: S. Waybright on April 17, 2009 at 7:16 PM | PERMALINK

The real importance of the release of these memos, is that it provides an official statement on which to base further FOIA requests. Information being in the public domain, but without an official release, is not enough, by the letter of the law.

Posted by: jhm on April 18, 2009 at 7:00 AM | PERMALINK

Anyone saying that the "enhanced inttrogation techniques" are not torture should prove it by undergoing the complete procedure with sleep deprivation for a start and waterboarding at the end.
Then at least he'll know what he is talking about.

Posted by: Jörgen in Germany on April 18, 2009 at 9:48 AM | PERMALINK

The memo writers, and their supporters, have constructed a framework in which what would be considered torture outside the framework, is considered enhanced interrogation techniques within the framework. Their rationale is that under carefully controlled conditions, these techniques will not cause long-term physical or psychological damage.

Consequently, the disclosure of the framework diminishes the effectiveness of the techniques and makes our country less safe, by their reasoning, because our enemies will now know that our torture is not torture. By this, I mean that a person who is waterboarded is fearful for his or her life and will then confess to everything. This person thinks he is being tortured. If this person knows, however, that the U.S. does not torture, but only interrogates in an enhanced way that is designed not to cause permanent harm to him, then he will not confess, because he is not being tortured.

I confess that I do not remember my Orwell enough to know if he captures this idea somewhere, but it certainly sounds Orwellian.

Posted by: dvg4048 on April 18, 2009 at 9:57 AM | PERMALINK




 

 
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