Later On

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Must-read article by Jane Mayer

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Jane Mayer is the author of The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals. She now has an article in The New York Review of Books, which begins:

A lady asked Dr. [Benjamin] Franklin, “Well Doctor, what have we got, a republic or a monarchy?”
“A republic,” replied the Doctor, “if you can keep it.”

—Papers of Dr. James McHenry, describing the scene as they left the Federal Convention of 1787 in Philadelphia

Seven years after al-Qaeda’s attacks on America, as the Bush administration slips into history, it is clear that what began on September 11, 2001, as a battle for America’s security became, and continues to be, a battle for the country’s soul.

In looking back, one of the most remarkable features of this struggle is that almost from the start, and at almost every turn along the way, the Bush administration was warned that whatever the short-term benefits of its extralegal approach to fighting terrorism, it would have tragically destructive long-term consequences both for the rule of law and America’s interests in the world. These warnings came not just from political opponents, but also from experienced allies, including the British Intelligence Service, the experts in the traditionally conservative military and the FBI, and, perhaps most surprisingly, from a series of loyal Republican lawyers inside the administration itself. The number of patriotic critics inside the administration and out who threw themselves into trying to head off what they saw as a terrible departure from America’s ideals, often at an enormous price to their own careers, is both humbling and reassuring.

Instead of heeding this well-intentioned dissent, however, the Bush administration invoked the fear flowing from the attacks on September 11 to institute a policy of deliberate cruelty that would have been unthinkable on September 10. President Bush, Vice President Cheney, and a small handful of trusted advisers sought and obtained dubious legal opinions enabling them to circumvent American laws and traditions. In the name of protecting national security, the executive branch sanctioned coerced confessions, extrajudicial detention, and other violations of individuals’ liberties that had been prohibited since the country’s founding. They turned the Justice Department’s Office of Legal Counsel into a political instrument, which they used to expand their own executive power at the expense of long-standing checks and balances.

When warned that these policies were unlawful and counterproductive, they ignored the experts and made decisions outside of ordinary bureaucratic channels, and often outside of the public’s view. Rather than risking the possibility of congressional opposition, they classified vital interpretations of law as top secret. No one knows to this day how many more secret opinions the Bush Justice Department has produced. Far from tempering these policies over time, they marginalized and penalized those who challenged their idées fixes. Because the subject matter was shrouded in claims of national security, however, much of the internal dissent remained hidden.

Throughout this period, President Bush and Vice President Cheney have continued to insist that they never authorized or condoned “torture,” which they acknowledge is criminal under US law. But their semantic parsing of the term began to seem increasingly disingenuous as details from the secret detention and interrogation program surfaced, piece by piece. By the last year of the Bush presidency, many of the administration’s own top authorities, including Director of National Intelligence Mike McConnell and former Secretary of Homeland Security Tom Ridge, as well as John Kiriakou, the former CIA officer involved in the capture of the high-ranking al-Qaeda member Abu Zubayda, acknowledged that as far as they were concerned, waterboarding was torture.

Such extreme measures were perhaps understandable in the panic-filled days and weeks immediately after September 11, falling into place among other historic infringements of civil liberties during times of dire national security crisis. Yet seven years later, the Bush administration’s counterterrorism policies remained largely unchanged. There had been some alterations and improvements. But the legal framework survives despite nearly universal bipartisan acceptance outside of the Bush administration that Guantánamo should be shut down, that the military commission process was hopelessly flawed, and that the human rights violations at Abu Ghraib and elsewhere were not the work of a few “rotten apples” on the bottom, but rather the result of irresponsible leadership at the top. In fact torture, which was reviled as a depraved vestige of primitive cultures before September 11, seemed in danger of becoming normalized.

Continue reading.

Written by Leisureguy

4 August 2008 at 10:48 am

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