Newly Released OLC Torture Memos: First Thoughts

I don’t have the time to read them completely, nor to respond in any kind of detail, but here is my first thought. Doesn’t this (h/t Glenn Greenwald):

bybee2-insects

Remind you of this?

‘The worst thing in the world,’ said O’Brien, ‘varies from individual to individual. It may be burial alive, or death by fire, or by drowning, or by impalement, or fifty other deaths. There are cases where it is some quite trivial thing, not even fatal.’

He had moved a little to one side, so that Winston had a better view of the thing on the table. It was an oblong wire cage with a handle on top for carrying it by. Fixed to the front of it was something that looked like a fencing mask, with the concave side outwards. Although it was three or four metres away from him, he could see that the cage was divided lengthways into two compartments, and that there was some kind of creature in each. They were rats.

‘In your case,’ said O’Brien, ‘the worst thing in the world happens to be rats.’

A sort of premonitory tremor, a fear of he was not certain what, had passed through Winston as soon as he caught his first glimpse of the cage. But at this moment the meaning of the mask-like attachment in front of it suddenly sank into him. His bowels seemed to turn to water.

Lovely.

Here are the links to the memos themselves care of the ACLU (h/t emptywheel):

August 1, 2002 John Yoo memo

First May 10, 2005 Steven Bradbury memo

Second May 10, 2005 Steven Bradbury memo

May 30, 2005 Steven Bradbury memo

Finally, I agree entirely with emptywheel that the ACLU deserves more support. Like so many other organizations that rely on donations, they’ve been hard hit by the economic downturn, but they’re still fighting the good fight.

Update: Firedoglake has a petition asking Eric Holder to appoint a special prosecutor who will determine whether criminal prosecutions are warranted. Sign it here.

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Published in: on April 16, 2009 at 3:09 pm  Leave a Comment  
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Should John Yoo Teach?

Berkeley Professor Brad DeLong has called for John Yoo to be fired from the university’s law school. He makes a strong argument and I agree that Yoo shouldn’t be teaching law when he seems to have such a flawed understanding of it. I also have a great deal of respect for Professor DeLong in making such a public statement.

However, I have been uncertain whether it is actually worthwhile to fire him. At first, I thought my concerns were over academic freedom and the ethics of firing a professor for legal advice given as a lawyer to a client. However, in the wake of the news surrounding the DOJ’s Office of Professional Responsibility’s unpublished report, those misgivings have more-or-less faded away. Fortunately, that allowed me to uncover the source of my concern – it isn’t big enough.

It isn’t enough to fire Yoo from Berkeley. (He will undoubtedly get another job, either at a law school desperate for attention, like Chapman, or at a conservative think tank). It isn’t enough to disbar him. For the role he has played in undermining the Constitution, the rule of law, and the dignity of man, those actions are insufficient. If he cannot or will not be prosecuted, then the public opprobrium must be so great that his opinions, like Carthage’s fields, are sown with salt so that nothing no policy there may grow. Yoo delenda est.

Despite our pretensions to academic freedom, professors get fired, or denied tenure, for any manner of comments found to be controversial. A 30-second google search found these two on the first results page. With his conservative credentials burnished by being fired by ‘liberal academics’, Yoo will move on to new heights from which he can launch attacks in op-ed pages around the country. This is not sufficient.

But for all that, I’m fairly certain it is necessary.

Update: I got unnecessarily rabid here, and conflated several issues. Yoo should be prosecuted for any crimes, especially war crimes, he committed. His opinions should be forcefully rejected by the public so they don’t form the basis for future policy. Firing him is insufficient for his potential crimes, inappropriate for his opinions, and necessary for his deficient professional ethics and practices. I conveyed this opinion exceedingly poorly.

Published in: on February 19, 2009 at 12:02 am  Leave a Comment  
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Bush Administration Legal Memos

ProPublica has published an interactive list of Bush Administration ‘secret’ memos on torture, wiretapping, and the scope of executive authority. It is an important reference on the subject.

Ultimately, President Obama and the Attorney General will have to decide whether to release these memos to the public. Regardless of whether investigations or prosecutions of Bush officials occur, these memos should be released so the nation can appropriately discuss and repudiate the actions and legal positions of the last eight years.

John Yoo: Shameless

A further reason for torture prosecutions is so that John Yoo is forced out of polite society. He can take his misleading and inaccurate op-eds with him.

The CIA must now conduct interrogations according to the rules of the Army Field Manual, which prohibits coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America. Mr. Obama has also ordered that al Qaeda leaders are to be protected from “outrages on personal dignity” and “humiliating and degrading treatment” in accord with the Geneva Conventions. His new order amounts to requiring — on penalty of prosecution — that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.

Of course, he’ll have to excuse me if I decide to listen to retired generals instead.

[President Obama] noted that he would be criticized if the United States faced another terrorist attack. Yet, he said he was convinced that a clear anti-torture policy would make us safer. General Paul Kern – a four-star General who co-led an investigation into abuses at Abu Ghraib – told the President that our group of Generals and Admirals was there to support him precisely because humane interrogation tactics will put us in a stronger position to achieve our national security objectives [emphasis added].

If we ‘look forward’, without first looking back, then people like John Yoo will be around for the next Republican administration, and work their way back into positions of authority. Just like those implicated in Iran-Contra found new places in the George W. Bush administration. One of the reasons we punish criminals is to prevent and deter them from committing future crimes.


Published in: on January 29, 2009 at 8:07 am  Comments (2)  
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