Posts filed under 'Congress'

Mesage from Dana Siegelman, daughter of jailed former Alabama Governor Don Siegelman

Followers of Scott Horton’s No Comment blog at Harpers are well aware of the travesty of justice involved in the politically-motivated prosecution and conviction (along with seven-year sentence) of former Alabama Governor Don Siegelman by the Gonzales Injustice Department, apparently orchestrated by Karl Rove and aided by the state’s largest newspaper. This prosecution was apparently designed to help the Republican Party maintain control of the state. Those unfamiliar with this travesty can follow it in the 41 blog posts Horton has written on this case.

Today I received the following email from Siegleman’s daughter Dana, which she asked me to post here:

Dear Friends,

For those of you who have been concerned about my dad, I am writing to update you on his condition and to ask for your help again.

After visiting my dad in prison, I have observed this: They do not feed him nearly enough. He has no privacy. He works as a janitor everyday from 7-4. He is allowed few personal belongings, and he lives with real criminals (duh). However, despite the negative conditions he is under, his spirit remains positive, and he retains his hope in coming justice.

My goal in writing this letter is to incite your frustration toward our current political state. Politics has adopted the Mafia’s modus operandi. It thrives on power, money, and loyalty (i.e. being loyal to one’s own, versus the client), and aborting those who refuse to comply. Contrarily, we have a judiciary committee in the House of Representatives that cares and wants partisan prosecution to end. The conspirators, (for this is what they truly are), have been doing everything they can to crush the investigation in Congress before it reveals the truth. Our role is to petition these representatives to persevere and fight for justice.

“Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.” Martin Luther King, Jr.

Having my dad in prison has sharply awakened me to the many brutalities alive in this world. For years I tried to hide from politics and salvage my naiveness. This was a futile attempt. Hiding from and denying the injustices served to our people and the world is anything but empowering. We have the ability to face these problems and do something productive to stop them. Please join me in encouraging this committee to fight for the truth, to seek justice with all its power, and to rekindle the hope that we ought to have in our government.

With all my heart I thank you for your incredible help, prayers, and love.

Sincerely,

Dana Siegelman
“Injustice anywhere is a threat to justice everywhere. ” MLK Jr.

SPECIFICS ON WRITING

Your letter may be as short or long as you like. My advice is to shoot for one or two strong paragraphs. Do not worry about making ach letter personal. Just send the same letter to each
representative. Keep in mind, they want to know why the issue is important to you. A few examples may be: I knew Don Siegelman as an honorable man, I believe our justice system has been corrupted, someone needs to hold this administration accountable, or I’m friends with the Siegelmans so I feel inclined to write. Speak from the heart. We are working for the betterment of all, not the punishment of a few, so keep your letters positive! If you don’t want to send a letter to each representative, then I suggest at least mailing to the first four listed. You also have the option of sending them emails on their personal websites. Thank you again for everything you have done and are doing to help!

Congressman Artur Davis (D)
208 Cannon H.O.B.
Washington, D.C. 20515
(202) 225-2665 (phone)
(202) 226-9567 (fax)

Congresswoman Linda Sanchez (D)
1222 Longworth Building
Washington, DC 20515

Congresswoman Zoe Lofgren (D)
102 Cannon HOB
Washington, D.C. 20515
Telephone (202) 225-3072
Fax (202) 225-3336

Congressman Bobby Scott (D)
1201 Longworth HOB
Washington, DC 20515
(202) 225-8351 Phone
(202) 225-8354 Fax

Congresswoman Maxine Waters (D)
2344 Rayburn House Office Building
Washington, DC 20515
Phone: (202) 225-2201
Fax: (202) 225-7854

Congresswoman Sheila Jackson Lee (D)
2435 Rayburn Building
Washington, DC 20515
(202) 225-3816
(202) 225-3317 Fax

Congresswoman Tammy Baldwin (D)
2446 Rayburn Building
Washington DC 20515
(202) 225-2906
(202) 225-6942 Fax

Congressman Dan Lungren (R)
2448 Rayburn House Office Building
Washington, DC 20515

Congressman Chris Cannon (R)
2436 Rayburn House Office Building
Washington, DC 20515
Phone: (202) 225-7751
Fax: (202) 225-5629
Email: cannon.ut03@mail.house.gov

Congressman Tom Feeney (R)
323 Cannon House Office Building
Washington, DC 20515
(202) 225-2706 (202) 226-6299 fax

Congressman Jim Sensenbrenner (R)
2449 Rayburn House Office Building
Washington, D.C. 20515-4905
Telephone: (202) 225-5101

Congressman Howard Coble (R)
2468 Rayburn House Office Building
Washington, DC 20515-3306
Phone: (202) 225-3065

Congressman Steve Chabot (R)
129 Cannon House Office Building
Washington, D.C. 20515
(202) 225-2216
(202) 225-3012 (fax)

9 comments November 6th, 2007

Olbermann: Daniel Levin and waterboarding of America

In his latest Special Comment, Keith Olbermann uses the case of Bush administration official Daniel Levin — who was fired for saying, based on his own experience, that waterboarding was torture — as a springboard for taking on Bush’s torture regime. Especially notable is that Olbermann postulates the irrelevance of all the discussion, by the American Psychological Association among others, of the “efficacy” of torture as an interrogation technique. As Olbermann sees it, the torture was used precisely because it would generate the sort of fantastical “terrorist plots” that were needed to coax the American public into acceptance of Bush’s authoritarian regime. At least Olbermann’s explanation makes sense as an explanation of the apparently pig-headed commitment to torture of this Administration.

Olbermann doesn’t spare those Democratic Senators who are about to put a torture-denier as Attorney General, responsible for the Department of Injustice:

Part I:

Part II:

1 comment November 6th, 2007

Letter to Senate Intelligence Committee: Psychologists out of Abusive Interrogations

Today I sent the following letter to the Senate Select Committee on Intelligence on behalf of a broad coalition of psychologists and other mental health professionals — including Coalition for an Ethical Psychology; Psychologists for Social Responsibility; The Center for Victims of Torture, Minneapolis, MN; Psychologists for an Ethical APA; Withhold APA Dues; Monterey Bay (CA) Psychological Association — concerned about the roles of psychologists in the CIA’s “enhanced interrogation” program and other abusive interrogations. The SSCI is in the process of conducting classified hearings on these issues. On September 25, the Committee had a closed hearing to hear testimony from various sources, including the American Psychological Association. Many of these, but not the APA’s, were very moving. I especially recommend the testimony of Allen Keller, MD, Director of the Bellevue/NYU Program for Survivors of Torture and a Advisory Council member of Physicians for Human Rights. We felt it was critical for the SSCI to hear from psychologists other than the APA.

Here’s the Letter:

November 1, 2007

The Honorable Senator Jay Rockefeller
531 Hart Senate Office Building
Washington, DC 20510

The Honorable Senator Christopher Bond
274 Russell Senate Office Building.
Washington, DC 20510

Dear Senators Rockefeller and Bond:

We are psychologists and other mental health professionals representing a broad array of individuals and organizations concerned with the role of psychologists in abusive interrogations that may violate national and international laws. We are concerned by the clear evidence from multiple sources, including public documents, that psychologists have played a central role in illegal United States torture tactics by the CIA. As teachers, clinicians, and/or psychological researchers we are asking Congress to prohibit abusive tactics and to insure that health providers, including psychologists, are not involved in roles that violate their ethical obligations as health professionals.

Evidence of the Central Role of Psychologists in Abusive Interrogations

Over the last several years, press reports and official documents have highlighted the disturbing roles of health professionals, especially psychologists, in the abusive interrogations that took place at Guantanamo, in Iraq and Afghanistan, and at the CIA’s so-called “black sites” under the administration’s “enhanced interrogations” program. We have learned from this record how the military’s Survival, Evasion, Resistance, Escape [SERE] program, designed to inoculate our troops from being coerced into false confessions if captured by a power that did not respect the Geneva Conventions, was reverse engineered to develop interrogation techniques to “break down” detainees held by the United States, so that they supposedly could no longer resist cooperating with interrogators.

We have learned that the “psychological techniques” of prolonged isolation, sensory deprivation and sensory overload, sleep deprivation, and cultural and sexual humiliation were at the core of this program, with techniques such as simulated drowning or waterboarding, threats with dogs, and threats of being buried alive or even threats to detainees’ family members being used in certain instances. These enhanced techniques, we have learned, are based on a fifty-year old paradigm of creating “debility, dread, and dependency” in detainees1. Additionally, according to evidence in the recent report Leave No Marks by Physicians for Human Rights and Human Rights First, these techniques cause severe and prolonged mental and physical harm to detainees and subject those who use them to serious risk of criminality2.

We have learned that the former SERE psychologists James Mitchell and Bruce Jessen of Mitchell Jessen and Associates (Offices: Spokane, Washington; Alexandria, Virginia) used these SERE-based techniques during interrogations at CIA detention centers in Thailand. We have learned from the Pentagon’s Office of the Inspector General [OIG] that active-duty SERE psychologists trained psychologists in the Guantanamo Behavioral Science Consultation Teams [BSCTs] and others in the use of these so-called “counter-resistance” techniques. We have learned from the OIG that SERE psychologists went to both Iraq and Afghanistan to train interrogators in the use of these counter-resistance techniques

We have further learned that these counter-resistance techniques were used extensively in Guantanamo in 2002-2004, with the participation of BSCT psychologists. We have also learned that BSCT psychologists at this time consulted not only on interrogations, narrowly defined, but on the often abusive conditions of detention under which detainees are kept. The public record is less clear on what has occurred since then, though, as recently as this past April, Amnesty International reported on the extensive use of prolonged isolation with many prisoners in Guantanamo.

This summer the President issued an Executive Order reauthorizing certain of the CIA’s “enhanced interrogation” techniques, which, by definition, are “enhanced” because they go beyond those techniques authorized by the Army Field Manual. [We know that certain techniques sanctioned in the Army Field Manual itself, such as isolation for prolonged periods and manipulation of fears of detainee, would be considered unethical according to international codes of ethics, at least for health professionals.] Thus, these techniques almost certainly fall into the legally proscribed categories of torture and/or cruel, inhuman, or degrading treatment.

We fear that psychologists are still playing roles in the implementation of these abusive and illegal techniques. We know that during a July 22, 2007 appearance on Meet the Press, National Intelligence Director Mike McConnell stated: “When I was in a situation where I had to sign off, as a member of the process, my name to this executive order, I sat down with those who had been trained to do it, the doctors who monitor it, understanding that no one is subjected to torture. They’re, they’re [sic] treated in a way that they have adequate diet, not exposed to heat or cold. They’re not abused in any way. But I did understand, when exposed to the techniques, how they work and why they work, all under medical supervision.” Now we do not know, given the paucity of publicly-available evidence about the CIA’s programs, whether psychologists have ever participated in this “medical supervision,” but we are concerned that psychologists may have been put in that position as the Surgeon General of the Army described the role of psychologists BSCTs as “safety officers.”3 As it is a further breach of medical ethics for a health professional to certify a detainee’s fitness for abusive interrogation, we feel that is essential for our profession, for this committee, and for the American people to know whether this has been the case.

In this same interview Director McConnell also stated: “I would not want a U.S. citizen to go through the process. But it is not torture, and there would be no permanent damage to that citizen.” As psychologists and as citizens, we know that any “process” that Director McConnell would not want a U.S. citizen to go through is a process that no one anywhere should be subjected to and certainly is a process that no American citizen should be administering to others. And we know from extensive clinical work and research studies on the consequences of abusive interrogations that these effects are often long-lasting, in contradiction of Director McConnell’s claim2. Thus, despite all suggestions to the contrary, these enhanced techniques appear in many cases to surpass the threshold for a legal definition as “torture” and almost certainly to pass that for “cruel, inhuman, or degrading treatment.” As a result, those operatives, psychologists included, who participate in the use of these techniques are placed at serious risk of committing prosecutable criminal violations. The reputation of the United States on the international stage itself is also at risk. As a violator of international human rights laws, we limit our capacity and legitimacy to intervene when other nations practice torture.

As psychologists we are thoroughly aware that research, as well as the experience of professional interrogators, casts doubt upon the efficacy of these “harsh” techniques. Indeed, FBI investigators have repeatedly challenged the use of abusive SERE-based techniques at both military and CIA facilities. Additionally, on July 31, 2006, 20 former Army interrogators wrote the House Armed Services Committee opposing the use of these techniques as “counter-productive to the intelligence gathering mission.”

Concerns About Policies of the American Psychological Association on Interrogation Involvement

In addition to our dismay as citizens at these types of actions by our government, we are concerned as psychologists that psychologist involvement in abusive interrogations is in violation of established national and international norms of medical and psychological ethics4. In its Declaration of Tokyo Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment, the World Medical Association stated: “The physician shall not use nor allow to be used, as far as he or she can, medical knowledge or skills, or health information specific to individuals, to facilitate or otherwise aid any interrogation, legal or illegal.” Similarly, the American Medical Association, the American Nurses Association, and the American Psychiatric Association have taken clear unequivocal positions affirming the primacy of the health-promoting missions of their respective professions. These organizations have all emphasized the central tenet of the ethics of all health professions: the injunction to do no harm.

It is with distress, and indeed shame, that we psychologists note that the American Psychological Association [APA] alone among the national health professional associations has failed to take an unequivocal stand prohibiting participation of its members in potentially abusive interrogations. As was evident in its testimony to the Senate Select Committee on Intelligence, the APA explicitly allows members to participate in the infliction of harm, as long as that harm does not exceed a certain threshold – causing “significant pain or distress” or of being “lasting”. This policy, sadly, echoes the word-parsing of the Bush Administration’s “torture memos” and other official policies and documents justifying the administration’s harsh interrogation strategies. Word-parsing may have a political rationale, but it is antithetical to professional ethics in that it indicates an intent to deceive or obscure. When this is the intent with regard to an issue as significant as torture, it brings into question the profession’s, and the nation’s, genuine commitment to human rights.

Like psychologists in any institutional setting, military or CIA psychologists, asked to participate in interrogations, need clear ethical guidance. These psychologists, in the heat of high-profile operations, cannot be expected to successfully parse words as to whether the pain or distress is sufficient to meet the APA’s standard for being “significant.” Nor can these psychologists be expected to predict whether a particular technique, used perhaps in combination with other techniques, will cause “lasting harm.” Thus, the APA policy leaves military and intelligence psychologists at risk of committing unethical and perhaps illegal actions and fails to protect members who are military and intelligence psychologists.

Ambiguities in the roles of psychologists also threaten the abilities of military and intelligence-agency psychologists to perform their primary health-promoting activities. To the extent that uncertainty exists around the roles of psychologists and whether or not psychologists’ primary responsibility is to promote health, the trust upon which all psychological and medical treatment depends will be severely damaged. As a result, potential patients may become reluctant to seek needed psychological care. At a time when many thousands of our soldiers are suffering severe psychological trauma, often requiring intensive psychological treatment, this loss of trust can hardly be risked.

We are also deeply concerned that the 2007 Resolution by APA Council makes it ethical practice for psychologists to participate in the violation of international human rights standards. In particular, the resolution allows psychologists to practice and support interrogations in sites that operate outside the protections offered by the Geneva Conventions and other international human rights instruments such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment [CAT]. As the illegal, indefinite detention of people at these sites itself constitutes a violation of international law and human rights standards, psychologists’ operational activities at these sites only legitimates these human rights violations.

Recommendations

We therefore ask Congress and this committee to take the following steps to clarify the status of psychologists in the military and intelligence agencies:

1. Conduct a thorough investigation of the role of psychologists, and of psychological knowledge and expertise, in the abusive interrogations carried out by this Administration. This investigation should clarify for the public the roles of SERE psychologists and SERE-based techniques in these interrogations. It should clarify the processes whereby SERE and other psychological knowledge and techniques were implemented at the CIA’s “black sites” and in military detention facilities at Guantanamo, and in Iraq and Afghanistan. This investigation should clarify the degree to which psychologists helped turn these abusive techniques into standard operating procedures at these facilities. It should also clarify the extent to which psychologists and psychological knowledge and expertise are currently being utilized in support of the CIA’s “enhanced interrogations” program. Further, clarification is needed as to whether psychologists have ever participated in the “medical supervision” of interrogations at Guantanamo or of the “enhanced interrogations” that Director McConnell described.

2. Clarify that the infliction of harm of any degree is never an appropriate role for psychologists, their trainees and supervisees, or any other health professionals in national security contexts. Our military and intelligence colleagues need the warrant of Congressional mandate to identify and refrain from unethical participation in abusive or coercive interrogation practices.

3. Ban the use of enhanced interrogation techniques going beyond those authorized by the Army Field Manual, which itself needs revision, at any U.S. detention facility, whether run by the military, CIA, or any other government or private agency.

4. We would also like to add our voice to those urging Congress to act immediately to restore habeas corpus and other basic human rights, as defined in the Geneva Conventions, the UN CAT and other relevant international instruments, to all those sought or detained by the U.S. as “enemy combatants.” The CIA’s secret detention and rendition practices and CIA-run prisons are of particular concern. We urge Congress to take action speeding the closure of Guantánamo Bay, CIA-run prisons, and other secretive detention sites; Prisoners held at these sites should be transferred to sites in the U.S. that transparently observe due process & other international human rights standards & laws. Concomitantly, Congress should ban the practice of extraordinary rendition of detainees to countries documented by the State Department to use torture or other abusive interrogation techniques. Respect for human rights is a fundamental aspect of what makes us a civilized society.

We thank you for this opportunity to assist your vital efforts to rectify this sad chapter in our nation’s history.

Institutional Signers:

Coalition for an Ethical Psychology
Psychologists for Social Responsibility
The Center for Victims of Torture, Minneapolis, MN
Psychologists for an Ethical APA
Withhold APA Dues (www.withholdapadues.com)
Monterey Bay (CA) Psychological Association

Individual Signers:
[Affiliations for identification purposes only].

Stephen Soldz, Ph.D. Cert. Psya., Director, Center for Research, Evaluation, and Program Development, Boston Graduate School of Psychoanalysis & Coalition for an Ethical Psychology

Steven Reisner, Ph.D., Senior Faculty and Advisor, International Trauma Studies Program, an affiliate of the Mailman School of Public Health, Columbia University, New York & Coalition for an Ethical Psychology

Brad Olson, Northwestern University & Coalition for an Ethical Psychology

Jean Maria Arrigo, Ph.D., Former Member of the APA Presidential Task Force on Psychological Ethics and National Security (PENS Task Force)

Mike Wessells, Columbia University & Former Member of the APA Presidential Task Force on Psychological Ethics and National Security (PENS Task Force)

Anthony J. Marsella, Ph.D., President, Psychologists for Social Responsibility, Washington, DC; Former vice president for academic affairs, University of Hawaii & Former Director of the World Health Organization Psychiatric Research Center, Honolulu

Jancis Long Ph.D., President-elect, Psychologists for Social Responsibility & University of California, Berkeley Extension

Morton Deutsch, E.L. Thorndike Professor Emeritus of Psychology &
Director Emeritus of the International Center for Cooperation and Conflict Resolution (ICCCR)

Phil Zimbardo, Ph.D., Former President, American Psychological Association, Professor Emeritus, Stanford University, Director, CIPERT, Center for Interdisciplinary Policy, Education and Research on Terrorism

Mary Pipher, author of New York Times bestselling Reviving Ophelia

Jerome L. Singer, Ph.D., Professor-Emeritus of Psychology, Yale University

Tom Gutheil, M.D., Professor, Department of Psychiatry, BIDMC, Harvard Medical School

Ghislaine Boulanger, Ph.D., Steering Committee, WithholdAPAdues

Trudy Bond, Ph.D., Independent Practice

Nancy Hollander, Ph.D., Professor Emerita of History, California State University,

Arlene Lu Steinberg, Ph.D., President, Psychoanalysts for Social Responsibility (APA Division 39 Section 9)

Herbert C. Kelman, Richard Clarke Cabot Professor of Social Ethics, Emeritus, Harvard University

Ben Harris, Ph.D., Professor of Psychology, University of New Hampshire & Past President, APA Division 26: Society for the History of Psychology

Kathie Malley-Morrison, Ph. D., Department of Psychology, Boston University

Gary R. Schoener, Executive Director, Walk-In Counseling Center, Minneapolis

Dan Aalbers, Central Michigan University

Elliot G. Mishler, Ph.D., Professor of Social Psychology, Department of Psychiatry, Harvard Medical School

Ruth Fallenbaum, Ph.D., Survivors International, San Francisco & The Wright Institute, Berkeley

Frank Summers, Ph.D., ABPP, Associate Professor of Clinical Psychiatry and the Behavioral Sciences, Northwestern University Medical School

Jeffrey S. Kaye, Ph.D., Clinician, Survivors International, San Francisco, CA

Meg Sandow, Psy.D., Licensed Psychologist, Santa Cruz, CA

Mark Kane, President, The West Michigan Family Therapy Institute

James C. Coyne, Ph.D., Director, Behavioral Oncology Program, Abramson Cancer Center & Professor of Psychology, Department of Psychiatry, University of Pennsylvania School of Medicine

Jo Oppenheimer, The Counseling Center for Women – Israel & Women’s Therapy Center Institute - New York

David Sloan-Rossiter, Curriculum Chair, Massachusetts Institute of Psychoanalysis & Boston Institute for Psychotherapy

Ibrahim Kira, Ph.D., ACCESS Community Health and Research Center &
Center for Cumulative Trauma Studies

Lewis Aron, Ph.D., Director, New York University Postdoctoral Program in Psychotherapy & Psychoanalysis

Hermine Muskat, Ed.D., Licensed Psychologist, Back Bay Films, LLC., Boston

Victoria Steinitz, Associate Professor of Psychology (ret.), University of Massachusetts-Boston

Jennifer W. Kaupp, Ph.D., President, Monterey Bay Psychological Association

Robert L. Weiss, Ph.D., Professor emeritus of Psychology, University of Oregon

Elaine M. Heiby, Ph.D., Professor, Department of Psychology, University of Hawaii at Manoa

Scot D. Evans, Ph.D., Wilfrid Laurier University, Psychologists Acting with Conscience Together

Edward S. Katkin, Professor Emeritus of Psychology and Psychiatry, State University of New York at Stony Brook & Past President, Society for Psychophysiological Research

Donnel B. Stern, Ph.D., William Alanson White Institute and New York University Postdoctoral Program in Psychotherapy and Psychoanalysis

Irwin S. Rosenfarb, Ph.D., Professor, California School of Professional Psychology Alliant International University

Paul Kimmel, Saybrook Graduate School and Research Center & Past President of APA Division 48 and of Psychologists for Social Responsibility

Rosa E. Garcia-Peltoniemi, Ph.D., L.P., Senior Consulting Clinician, The Center for Victims of Torture, Minneapolis, MN

Andrea Northwood, Ph.D., L.P., Director of Client Services, The Center for Victims of Torture
Michael Jackson, Chair, Department of Psychology, Earlham College

Works Cited

1. McCoy AW. A question of torture: CIA interrogation, from the Cold War to the war on terror. 1st ed. New York: Metropolitan Books/Henry Holt and Co., 2006.
2. Physicians for Human Rights, Human Rights First. Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality. Physicians for Human Rights, 2007.
3. Lt. Gen. Kevin C. Kiley, Surgeon General of the Army Final Report: Assessment of Medical Operations for OEF, GTMO, and OIF. April 13, 2005
4. Miles SH. Oath betrayed: Torture, medical complicity, and the war on terror. 1st ed. New York: Random House, 2006.

Contact:

Stephen Soldz
ssoldz@bgsp.edu

Add comment November 1st, 2007

Waterboarding: Its torture unless it isn’t

Attorney General nominee Mukasey takes a stron moral position on waterboarding. today he reaffirmed that, if waterboarding is torture, it would be illegal. It isn’t clear how many Senators are reassured. Chris Dodd isn’t.  [UPDATE: Other Democratic candidates join in.]For an important lesson in word parsing, Bush admin style, read Mukasey’s Letter to the Senate Judiciary Committee, below the fold, which clarifies all.

But first read Dan Froomkin at the Washington Post, who summarizes much of the reaction to this new moral clarity:

The Stench of Torture

By Dan Froomkin

The stench of torture that permeates the White House has spread to Attorney General-designate Michael Mukasey, putting what had been seen as a surefire nomination at risk and reigniting a momentous ethical debate.

By refusing to acknowledge at his confirmation hearing that waterboarding is torture, Mukasey appeared to throw his lot in with those who embrace an authoritarian strain of moral relativism, one that excuses abhorrent and illegal policies as long as the president declares they’re in the national interest.

When longtime Bush loyalist Alberto Gonzales was nominated to succeed John Ashcroft as attorney general, critics expressed what turned out to be eminently justified concern that he would never buck the White House. By all accounts, Mukasey, a federal judge, is much more independent than Gonzales. As I wrote in my Sept. 18 column, Bush evidently realized that the Democratic Congress wouldn’t let him install another complete lickspittle into the nation’s top law-enforcement post.

Nevertheless, Bush and Vice President Cheney desperately need someone in that job who won’t undermine the most radical of their legal positions: Those regarding executive power and the treatment of terrorism suspects. And they seem to have found such a person in Mukasey.

Scott Shane writes in the New York Times: “Six years after the Bush administration embraced harsh physical tactics for interrogating terrorism suspects, and two years after it reportedly dropped the most extreme of those techniques, the taint of torture clings to American counterterrorism efforts.

“The administration has a standard answer to queries about its interrogation practices: 1) We do not torture, and 2) we will not say what we do, for fear of tipping off future prisoners. In effect, officials want Al Qaeda to believe that the United States does torture, while convincing the rest of the world that it does not.

“But that contradictory catechism is not holding up well under the battering that American interrogation policies have received from human rights organizations, European allies and increasingly skeptical members of Congress….

“President Bush has repeatedly defended what the administration calls ‘enhanced’ interrogation methods, saying they have produced invaluable information on Al Qaeda. But the administration’s strategy has exacted an extraordinary political cost.

“The nomination of Michael B. Mukasey as attorney general, once expected to sail through the Senate, has run into trouble as a result of his equivocation about waterboarding, or simulated drowning. Mr. Mukasey has refused to characterize the technique as torture, which would put him at odds with secret Justice Department legal opinions and could put intelligence officers in legal jeopardy.”

Massimo Calabresi writes for Time: “George W. Bush has always wielded moral clarity as a weapon, beating Democrats by declaring his high purpose and principled resolve. But in recent months, as critics have shined new light on domestic spying and harsh interrogation techniques in the morally ambiguous world of counter-terrorism, Bush has had to retreat to gray-area defenses, using tailored definitions and legalisms to dodge questioners. And now, as Democrats raise the pressure on embattled Attorney General nominee Michael Mukasey to state his opinion on whether or not waterboarding constitutes torture, it is the president’s opponents who are using moral clarity against him.”

Calabresi writes that if Mukasey “refuses to declare waterboarding expressly illegal, he looks likely to be rejected by the Judiciary committee. On the other hand, if he does declare it illegal, he may be rendering a legal judgment on everyone who authorized waterboarding or used it in interrogation. ‘They are putting him in an almost untenable position on this,’ says White House spokesman Tony Fratto. The White House expects Mukasey’s response will be sent to the committee Tuesday or Wednesday, and Fratto says, ‘He’ll respond in his usual manner, which is thoughtful and thorough, but there are certain things that he will not be able to comment on.’”

Calabresi also offers a peek behind the scenes, where — surprise! — Vice President Cheney’s office is heavily involved: “Harold Kim, a former Specter staffer who works in the White House Counsel’s office, has been negotiating with Judiciary Committee Democrats, trying to find language they can live with. But attempts to compromise with Congress have met resistance from Cheney’s office, and when it comes to interrogation techniques, the Vice President and his chief of staff, David Addington, have notoriously pushed for Presidential authority to go unchecked by the legislative branch.”

Cheney’s position on waterboarding doesn’t take a lot of guesswork. Here he is in an October 24, 2006, interview with right-wing radio host Scott Hennen:

Hennen: “Would you agree a dunk in water is a no-brainer if it can save lives?”

Cheney: “It’s a no-brainer for me.”

The Washington Post editorial board writes: “It’s a sad day in America when the nominee for attorney general cannot flatly declare that waterboarding is unconstitutional. The interrogation technique simulates drowning and can cause excruciating mental and physical pain; it has been prosecuted in U.S. courts since the late 1800s and was regarded by every U.S. administration before this one as torture. . . .

“The fault for this evasion lies as much, if not more, with President Bush and Congress as it does with Mr. Mukasey. Mr. Bush authorized waterboarding in the past, most notably against al-Qaeda leader Khalid Sheikh Mohammed. If Mr. Mukasey now condemns the interrogation method as unconstitutional, he would probably be in conflict with Justice Department memoranda that implicitly endorse such techniques and that have been used by CIA interrogators and others to cloak their actions in legal legitimacy. The president could also be legally implicated for approving the method.”

The Milwaukee Journal Sentinel editorial board writes: “Waterboarding is torture. If he cannot unambiguously define it as such, he should not be confirmed. . . .

“Mukasey, in declining to answer whether the technique that simulates drowning in its victims is constitutional, told the Senate Judiciary Committee that he is unfamiliar with it. This is implausible. But he stuck to the story even when the method was explained to him.

“‘If it amounts to torture, it is not constitutional,’ he said. But this is very much like the president’s own unsatisfactory answer, which, in a nutshell, is that this country doesn’t torture but that he gets to define what that is. . . .

“The president should have leeway to appoint cabinet members who share his views. But like-mindedness in an appointee on the matter of torture is no virtue. It is difficult to imagine how such a person, taking such an expedient view in the nomination process, could be independent enough to stand up to the president if need be.”

Joan Walsh writes for Salon: ” It’s worth paying attention to what Mukasey said, exactly, during his testimony (thanks to Paul Kiel at TPM for highlighting this):

“‘I don’t think that I can responsibly talk about any technique here because — (pause) — of the very — I’m not going to discuss and I should not — I’m sorry I can’t discuss, and I think it would be irresponsible of me to discuss particular techniques with which I am not familiar when there are people who are using coercive techniques and who are being authorized to use coercive techniques. And for me to say something that is going to put their careers or freedom at risk simply because I want to be congenial, I don’t think it would be responsible of me to do that.’”

“So it seems Mukasey refused to call any particular technique torture, or to say whether it was ‘unconstitutional,’ because he believes someone out there may be using these controversial techniques right now, under orders from above, and he doesn’t want to get them in trouble just to be ‘congenial.’”

Law professor Marty Lederman blogs: “There may well be some ambiguities at the margins about whether and under what circumstances certain interrogation techniques amount to torture, to cruel treatment under Common Article 3, to or conduct that shocks the conscience under the McCain Amendment.”

But, he writes “Waterboarding is a paradigmatic example of torture. It is inconceivable that anyone involved in drafting, negotiating, signing, ratifying or enacting the Torture Act or Common Article 3 would have thought otherwise.”

For the record, here is Mukasey’s full letter to the Judiciary Committee [or in pdf]:

MICHAEL B. MUKASEY
October 30, 2007

The Honorable Patrick J. Leahy United States Senate
Washington, D.C. 20510

The Honorable Joseph R. Biden, Jr. United States Senate
Washington, D.C. 20510
The Honorable Dianne Feinstein United States Senate
Washington, D.C. 20510

The Honorable Charles E. Schumer United States Senate
Washington, D.C. 20510

The Honorable Benjamin L. Cardin United States Senate
Washington, D.C. 20510

The Honorable Edward M. Kennedy United States Senate
Washington, D.C. 20510

The Honorable Herb Kohl United States Senate
Washington, D.C. 20510

The Honorable Russell D. Feingold United States Senate
Washington, D.C. 20510

The Honorable Richard J. Durbin United States Senate
Washington, D.C. 20510

The Honorable Sheldon Whitehouse United States Senate
Washington, D.C. 20510

Dear Chairman Leahy, Senator Kennedy, Senator Biden, Senator Kohl, Senator Feinstein, Senator Feingold, Senator Schumer, Senator Durbin, Senator Cardin and Senator Whitehouse:

Thank you for your letter of October 23, 2007. I well understand the concerns of the Senators who signed this letter that this Country remain true to its ideals, and that includes how we treat even the most brutal terrorists in U.S. custody. I understand also the importance of the United States remaining a nation of laws and setting a high standard of respect for human rights. Indeed, I said at the hearing that torture violates the law and the Constitution, and the President may not authorize it as he is no less bound by constitutional restrictions than any other government official.

I was asked at the hearing and in your letter questions about the hypothetical use of certain coercive interrogation techniques. As described in your letter, these techniques seem over the line or, on a personal basis, repugnant to me, and would probably seem the same to many Americans. But hypotheticals are different from real life, and in any legal opinion the actual facts and circumstances are critical. As a judge, I tried to be objective in my decision-making and to put aside even strongly held personal beliefs when assessing a legal question because legal questions must be answered based solely on the actual facts, circumstances, and legal standards presented. A legal opinion based on hypothetical facts and circumstances may be of some limited academic appeal but has scant practical effect or value.

I have said repeatedly, and reiterate here, that no one, including a President, is above the law, and that I would leave office sooner than participate in a violation of law. If confirmed, any legal opinions I offer will reflect that I appreciate the need for the United States to remain a nation of laws and to set the highest standards. I will be mindful also of our shared obligation to ensure that our Nation has the tools it needs, within the law, to protect the American people.

Legal opinions should treat real issues. I have not been briefed on techniques used in any classified interrogation program conducted by any government agency. For me, then, there is a real issue as to whether the techniques presented and discussed at the hearing and in your letter are even part of any program of questioning detainees. Although I have not been cleared into the details of any such program, it is my understanding that some Members of Congress, including those on the intelligence committees, have been so cleared and have been briefed on the specifics of a program run by the Central Intelligence Agency (”CIA”). Those Members know the answer to the question of whether the specific techniques presented to me at the hearing and in your letter are part of the CIA’s program. I do not.

I do know, however, that “waterboarding” cannot be used by the United States military because its use by the military would be a clear violation of the Detainee Treatment Act (”DTA”). That is because “waterboarding” and certain other coercive interrogation techniques are expressly prohibited by the Army Field Manual on Intelligence Interrogation, and Congress specifically legislated in the DTA that no person in the custody or control of the Department of Defense (”DOD”) or held in a DOD facility may be subject to any interrogation techniques not authorized and listed in the Manual.

In the absence of legislation expressly banning certain interrogation techniques in all circumstances, one must consider whether a particular technique complies with relevant legal standards. Below, I provide a summary of the type of analysis that I would undertake, were I presented as Attorney General with the question of whether coercive interrogation techniques, including “waterboarding” as described in your letter, would constitute torture, cruel, inhuman or degrading treatment, or a violation of Common Article 3 of the Geneva Conventions.
The statutory elements of torture are set forth in 18 U.S.C. § 2340. By the terms of the statute, whether a particular technique is torture would turn principally on whether it is specifically intended to cause (a) severe physical pain or suffering, or (b) prolonged mental harm resulting from certain specified threats or acts. If, after being briefed, I deteimine that a particular technique satisfies the elements of section 2340, I would conclude that the technique violated the law.

I note that the Department of Justice published its interpretation of 18 U.S.C. § 2340 in a December 30, 2004 memorandum to then-Deputy Attorney General James B. Comey, which superseded the memorandum of August 1, 2002 that I testified was a “mistake.” I understand that the December 30, 2004 memorandum remains the Department’s prevailing interpretation of section 2340. Although the December 30, 2004 memorandum to Mr. Comey does not discuss any specific techniques, it does state that “[w]hile we have identified various disagreements with the August 2002 Memorandum, we have reviewed this Office’s prior opinions addressing issues involving treatment of detainees and do not believe that any of their conclusions would be different under the standards set forth in this memorandum.”

Even if a particular technique did not constitute torture under 18 U.S.C. § 2340, I would have to consider also whether it nevertheless would be prohibited as “cruel, inhuman or degrading treatment” as set forth in the DTA and the Military Commissions Act (”MCA”) — enacted after the Department of Justice’s December 30, 2004 memorandum to Mr. Comey — which extended the Convention Against Torture’s prohibition on “cruel, inhuman or degrading treatment” to individuals in United States custody regardless of location or nationality. Congress specified in those statutes, as the Senate had in consenting to the ratification of the Convention Against Torture, that the Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution would control our interpretation of the phrase “cruel, inhuman or degrading treatment.”

The Fifth Amendment is likely most relevant to an inquiry under the DTA and MCA into the lawfulness of an interrogation technique used against alien enemy combatants held abroad, and the Supreme Court has established the well-known “shocks the conscience” to determine whether particular government conduct is consistent with the Fifth Amendment’s due process guarantees. See County of Sacramento v. Lewis, 523 U.S. 833, 850 (1998); Rochin v. California, 342 U.S. 165, 174 (1952). A legal opinion on whether any interrogation technique shocks the conscience such that it constitutes cruel, inhuman or degrading treatment requires an understanding of the relevant facts and circumstances of the technique’s past or proposed use. This is the test mandated by the Supreme Court itself in County of Sacramento v. Lewis in which it wrote that “our concern with preserving the constitutional proportions of substantive due process demands an exact analysis of circumstances before any abuse of power is condemned as conscience shocking.” 523 U.S. 833, 850 (1998) (emphasis added). As the Supreme Court has explained, a court first considers whether the conduct is “arbitrary in the constitutional sense,” a test that asks whether the conduct is proportionate to the governmental interests involved. Id. at 847. In addition, the court must conduct an objective inquiry into whether the conduct at issue is “egregious” or “outrageous” in light of “traditional executive behavior and contemporary practices.” Id. at 847 n.8. This inquiry requires a review of executive practice so as to determine what the United States has traditionally considered to be out of bounds, and it makes clear that there are some acts that would be prohibited regardless of the surrounding circumstances.

I would have to ensure also that any technique complies with our Nation’s obligations under the Geneva Conventions, including those acts, such as murder, mutilation, rape, and cruel or inhuman treatment, that Congress has forbidden as grave breaches of Common Article 3 under the War Crimes Act. With respect to any coercive interrogation technique, the prohibition on “cruel or inhuman treatment” would be of particular relevance. That statute, similar in structure to 18 U.S.C. § 2340, prohibits acts intended (a) to cause serious physical pain or suffering, or (b) serious and non-transitory mental harm resulting from certain specific threats or acts. Also, I would have to consider whether there would be a violation of the additional prohibitions imposed by Executive Order 13440, which includes a prohibition of willful and outrageous personal abuse inflicted for the purpose of humiliating and degrading the detainee.
As I testified, any discussion of coercive interrogation techniques necessarily involves a discussion of and a choice among bad alternatives. I was and remain loath to discuss and opine on any of those alternatives at this stage for the following three principal reasons: First, to repeat, I have not been made aware of the details of any interrogation program to the extent that any such program may be classified, and thus do not know what techniques may be involved in any such program that some may find analogous or comparable to the coercive techniques presented to me at the hearing and in your letter. Second, I would not want any uninformed statement of mine made during a confirmation process to present our own professional interrogators in the field, who must perform their duty under the most stressful conditions, or those charged with reviewing their conduct, with a perceived threat that any conduct of theirs, past or present, that was based on authorizations supported by the Department of Justice could place them in personal legal jeopardy. Third, for the reasons that I believe our intelligence community has explained in detail, I would not want any statement of mine to provide our enemies with a window into the limits or contours of any interrogation program we may have in place and thereby assist them in training to resist the techniques we actually may use.

I emphasize in closing this answer that nothing set forth above, or in my testimony, should be read as an approval of the interrogation techniques presented to me at the hearing or in your letter, or any comparable technique. Some of you told me at the hearing or in private meetings that you hoped and expected that, if confirmed, I would exercise my independent judgment when providing advice to the President, regardless of whether that advice was what the President wanted to hear. I told you that it would be irresponsible for me to do anything less. It would be no less irresponsible for me to seek confirmation by providing an uninformed legal opinion based on hypothetical facts and circumstances.

As I testified, if confirmed I will review any coercive interrogation techniques currently used by the United States Government and the legal analysis authorizing their use to assess whether such techniques comply with the law. If, after such a review, I determine that any technique is unlawful, I will not hesitate to so advise the President and will rescind or correct any legal opinion of the Department of Justice that supports use of the technique. I view this as entirely consistent with my commitment to provide independent judgment on all issues. That is my commitment and pledge to the President, to the Congress, and to the American people. Each and all should expect no less from their Attorney General.

Michael Mukasey

Add comment October 30th, 2007

AG nominee claims not to know torture when he sees it

Yesterday I, and a lot of others, wondered if AG nominee was really against torture. Today we get a clear answer: No. When asked if waterboarding was torture, he replied that he didn’t know. As TPM reports:

 Mukasey has firmly established that he’s against torture — yesterday he even compared it to the Holocaust (see also here).

But what exactly does that mean? Sen. Sheldon Whitehouse (D-RI) asked Mukasey if he thought waterboarding was Constitutional. “If waterboarding is torture… torture is not Constitutional,” he replied.

Whitehouse wasn’t satisfied. “That is a massive hedge…. It either is or it isn’t.” Doesn’t Mukasey have an opinion on whether waterboarding is torture? He went on to describe the technique, which involves using a wet rag to make the detainee feel like he’s drowning. Mukasey replied with the same answer: “If it amounts to torture, then it is not Constitutional.”

I’m very disappointed,” Whitehouse said, adding that Mukasey’s reply had been “purely semantic.”

“Sorry,” replied Mukasey.

If waterboarding isn’t well beyond the pale, then all the rest of the CIA’s “enhanced interrogation techniques” will be judged to be not torture, and, thus legal.

From a legal angle, the talk of “torture” is a softball, allowing these guys to get off easy. The legal threshold for “torture” is fairly high. But many techniques about which controversy exists as to whether they are torture clearly fall within the legally proscribed category of “cruel, inhuman, or degrading treatment”, banned by UN Convention,  or those “outrages upon personal dignity” banned by the Geneva Conventions Common Article Three.

A vote for this guy will be, like a vote for Gonzales, a vote for someone dedicated to using word parsing to  protect Bush’s regime of abuse. Shame on Congress for even considering it. It’s  not surprising Congress’ approval is at 11%.

Add comment October 18th, 2007

Mukasey against torture?

The New York Times editorial this morning told Senators that:

Mr. Mukasey should be asked what he thinks about holding detainees indefinitely in Guantánamo Bay, Cuba, and denying them habeas corpus rights. He should be made to explain which interrogation techniques he considers to be torture.

Well, they sort of did, and sort of got sort of good answers. Like everyone else, Mukasey is against torture. Unlike President Bush or Vice President Cheney or former AG Gonzales, he claims to really be against torture, the real kind, the kind used by U.S. torturers on real people in real torture centers. Or at least that’s how many interpreted his testimony today. But, like President Bush today, he refused to say what actually constitutes torture [from TPM Muckraker]:

That was, um, unexpected. Not only did Michael Mukasey repudiate the so-called 2002 “torture memo” signed by Office of Legal Counsel chief Jay Bybee — which appears to have survived in spirit, if not in letter — but he compared U.S. torture to the Holocaust.

Most significantly, Mukasey said that he is unaware of any inherent commander-in-chief authority to override legal restrictions on torture — a huge repudiation of Dick Cheney, David Addington and John Yoo’s perspective on broad constitutional powers possessed by the president in wartime — or to immunize practitioners of torture from prosecution. That answer is sure to create anxiety inside the CIA, where many interrogators fear that they will be brought up on charges for carrying out interrogation methods earlier approved by the administration.

The Bybee memo is “worse than a sin, it’s a mistake,” Mukasey said. He referenced the photographs taken by U.S. troops who liberated the Nazi concentration camps in 1945 to document the “barbarism” the U.S. opposed. “They didn’t do that so we could duplicate what we oppose.” Beyond legal restrictions barring torture clearly, torture is “antithetical to what this country stands for.”

He wouldn’t comment on the recent Steve Bradbury memo reported on by The New York Times authorizing some torture methods in 2005, since he hasn’t read it. But he told the panel that he would review all legal memoranda on interrogations and other national security programs to ensure their soundness.

So, is he against torture? Here’s video. You decide, if you can:

UPDATE: Valtin has sent this Media Matters alert that reminds us that Mukasey seems to believe that Americans have virtually no rights the President has to respect:

As Media Matters for America has noted, Padilla was arrested in May 2002 on a material witness warrant; the administration claimed he had been plotting to set off a “dirty bomb.” Bush designated Padilla an “enemy combatant” in June 2002, then directed the Defense Department to hold him without charges. Padilla’s lawyer filed a habeas corpus petition, which was argued before Mukasey, then the chief judge for the Southern District of New York.

On December 4, 2002, Mukasey ruled that “the President is authorized under the Constitution and by law to direct the military to detain enemy combatants in the circumstances present here, such that Padilla’s detention is not per se unlawful.” Instead, Mukasey ruled only that Padilla could “submit facts and argument” to challenge whether there was “some evidence” supporting President Bush’s finding that he was an “enemy combatant.”

he Second Circuit overturned Mukasey’s decision on December 18, 2003, holding that the Non Detention Act (18 U.S.C. 4001(a)) prohibited Padilla’s detention and that the president had not shown that “Padilla’s detention can nonetheless be grounded in the President’s inherent constitutional powers.” (As Media Matters has noted, the Supreme Court later dismissed the case on technical grounds.) In November 2006, shortly before the Supreme Court was due to decide whether to take Padilla’s re-filed case, the government indicted him on federal terrorism-related criminal charges, and transferred him out of military custody. In August 2007, as Media Matters has noted, Padilla was found guilty of those charges after a federal criminal trial.

1 comment October 17th, 2007

Gonzales refuses to condemn waterrboarding or hypothermia

Scott Horton points out a particularly enlightening quote from Albert Gonzales’ Congressional testimony two days ago, that demonstrates this administration’s advocacy of torture, just as long as you don’t call it “torture.” But first Horton on the background:

The question at this point is pretty simple. It boils down to a list of roughly a dozen techniques developed by CIA contractors for use, originally by the Pentagon and CIA. In the meantime we know who the contractors are, who wrote the contracts, and what techniques they prescribed. And we know enough to label this entire enterprise as a criminal conspiracy which is likely at some point in the future to be the subject of a serious investigation and prosecutions. (That is, when the criminals and political sycophants are chased out of the Department of Justice and people sworn to uphold the law are reinstalled there).

Of the dozen techniques, four are, in my mind, particularly troubling: waterboarding, the cold cell or hypothermia, long-time standing, and sleep deprivation in excess of two days. Each of these techniques is well established under U.S. law as torture, and its use is a felony. However, the Bush Administration’s weasel lawyers don’t see it that way. And for the record, their view is that they’re “confused.”

Alberto Gonzales is, of course, the Bush Administration’s star witness on this point. Back during his confirmation hearing, Senator John McCain asked him whether it was lawful in his mind to waterboard someone outside of the United States? And the nation’s chief law enforcement officer to be responded with 110 seconds of embarrassed silence, followed by a promise to look into that question and get back (which, characteristically, he never did).

And just two days ago, during an appearance before a Senate committee in which he racked up more perjuries than any witness since the organized crime bosses were called in, this is how Gonzales responded to Senator Durbin’s question. Durbin asked would it be legal, in Gonzales’s view, for foreign nations to apply the four techniques I just named to nonuniformed U.S. citizens?

And Gonzales’ response?

“Senator, you’re asking me to answer a question which, I think, may provide insight into activities that the CIA may be involved with in the future. . . . [I]t would depend on circumstances, quite frankly.”

But at least we know that the President didn’t authorize murder or rape, at least not if they’re intended.

Add comment July 26th, 2007

Andrew J. Bacevich: I lost my son to a conflict I oppose

The passion of a grieving father, veteran, and citizen:

I lost my son to a conflict I oppose. We were both doing our duty

By Andrew J. Bacevich
Special to The Washington Post

05/27/07 – Parents who lose children, whether through accident or illness, inevitably wonder what they could have done to prevent their loss. When my son was killed in Iraq earlier this month at age 27, I found myself pondering my responsibility for his death.

Among the hundreds of messages that my wife and I have received, two bore directly on this question. Both held me personally culpable, insisting that my public opposition to the war had provided aid and comfort to the enemy. Each said that my son’s death came as a direct result of my antiwar writings.

This may seem a vile accusation to lay against a grieving father. But in fact, it has become a staple of American political discourse, repeated endlessly by those keen to allow President Bush a free hand in waging his war. By encouraging “the terrorists,” opponents of the Iraq conflict increase the risk to U.S. troops. Although the First Amendment protects antiwar critics from being tried for treason, it provides no protection for the hardly less serious charge of failing to support the troops - today’s civic equivalent of dereliction of duty.

What exactly is a father’s duty when his son is sent into harm’s way?

Among the many ways to answer that question, mine was this one: As my son was doing his utmost to be a good soldier, I strove to be a good citizen.

As a citizen, I have tried since Sept. 11, 2001, to promote a critical understanding of U.S. foreign policy. I know that even now, people of good will find much to admire in Bush’s response to that awful day. They applaud his doctrine of preventive war. They endorse his crusade to spread democracy across the Muslim world and to eliminate tyranny from the face of the Earth. They insist not only that his decision to invade Iraq in 2003 was correct but that the war there can still be won. Some - the members of the “the-surge-is-already-working” school of thought - even profess to see victory just over the horizon.

I believe that such notions are dead wrong and doomed to fail. In books, articles and op-ed pieces, in talks to audiences large and small, I have said as much. “The long war is an unwinnable one,” I wrote in an August 2005 opinion piece in The Washington Post. “The United States needs to liquidate its presence in Iraq, placing the onus on Iraqis to decide their fate and creating the space for other regional powers to assist in brokering a political settlement. We’ve done all that we can do.”

Here was my own version of duty.

Not for a second did I expect my own efforts to make a difference. But I did nurse the hope that my voice might combine with those of others - teachers, writers, activists and ordinary folks - to educate the public about the folly of the course on which the nation has embarked. I hoped that those efforts might produce a political climate conducive to change. I genuinely believed that if the people spoke, our leaders in Washington would listen and respond.

This, I can now see, was an illusion.

The people have spoken, and nothing of substance has changed. The November 2006 midterm elections signified an unambiguous repudiation of the policies that landed us in our present predicament. But half a year later, the war continues, with no end in sight. Indeed, by sending more troops to Iraq (and by extending the tours of those, like my son, who were already there), Bush has signaled his complete disregard for what was once quaintly referred to as “the will of the people.”

To be fair, responsibility for the war’s continuation now rests no less with the Democrats who control Congress than with the president and his party. After my son’s death, my state’s senators, Edward Kennedy and John Kerry, telephoned to express their condolences. Stephen Lynch, our congressman, attended my son’s wake. Kerry was present for the funeral mass. My family and I greatly appreciated such gestures. But when I suggested to each of them the necessity of ending the war, I got the brushoff. More accurately, after ever so briefly pretending to listen, each treated me to a convoluted explanation that said in essence: Don’t blame me.

To whom do Kennedy, Kerry and Lynch listen? We know the answer: to the same people who have the ear of George W. Bush and Karl Rove - namely, wealthy individuals and institutions.

Money buys access and influence. Money greases the process that will yield us a new president in 2008. When it comes to Iraq, money ensures that the concerns of big business, big oil, bellicose evangelicals and Middle East allies gain a hearing. By comparison, the lives of U.S. soldiers figure as an afterthought.

Memorial Day orators will say that a G.I.’s life is priceless. Don’t believe it. I know what value the U.S. government assigns to a soldier’s life: I’ve been handed the check. It’s roughly what the Yankees will pay Roger Clemens per inning once he starts pitching next month.

Money maintains the Republican/Democratic duopoly of trivialized politics. It confines the debate over U.S. policy to well-hewn channels. It preserves intact the cliches of 1933-45 about isolationism, appeasement and the nation’s call to “global leadership.” It inhibits any serious accounting of exactly how much our misadventure in Iraq is costing. It ignores completely the question of who actually pays. It negates democracy, rendering free speech into little more than a means of recording dissent.

This is not some great conspiracy. It’s the way our system works.

In joining the Army, my son was following in his father’s footsteps: Before he was born, I had served in Vietnam. As military officers, we shared an ironic kinship of sorts, each of us demonstrating a peculiar knack for picking the wrong war at the wrong time. Yet he was the better soldier - brave and steadfast and irrepressible.

I know that my son did his best to serve our country. Through my own opposition to a profoundly misguided war, I thought that I was doing the same. In fact, while was he was giving all, I was doing nothing. In this way, I failed him.

Andrew J. Bacevich teaches history and international relations at Boston University. His son, 1st Lt. Andrew John Bacevich, died May 13 after a suicide bomb explosion in Salah al-Din province.

Add comment May 28th, 2007

New memory aid revealed: Subpoenas — Now With Immunity

An ad for an important new drug for memory loss problems like those that tormented so many Justice Department political appointees: : Subpoenas: Now With Immunity.

Add comment May 24th, 2007

Olbermann on the Democratic sellout

4 comments May 24th, 2007

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