Condi Rice Schooled By A 4th Grader

First, college students were too tough for Condi Rice. Now, it's 4th graders who are too much of a challenge. After a speech at a Washington DC elementary school, the Washington Post reports a 4th grade student asked her "What did Rice think about the things President Obama's administration was saying about the methods the Bush administration had used to get information from detainees?" Again, she resorted to the Nixonian "it's-legal-if-the-president-says-it-is" defense.

Lucky for her, the student's question was toned down: he originally wanted to ask her, "If you would work for Obama's administration, would you push for torture?" Is the media paying attention? That's how you ask tough questions.

Krauthammer: Torture Is Impermissible Except Always

This is really a masterpiece of partisan hackery from Charles Krauthammer. Weighing in on the torture debate (how sad is it that there is even a debate about whether the United States should torture) with his trademark sanctimonious liberal-who-has-been-mugged-by reality "toughness", Krauthammer informs us that "torture is an impermissible evil. Except under two circumstances." And what are these exceptions? According to Krauthammer, "the first is the ticking time bomb." Ah, the ticking time bomb. Never mind that this situation has never actually happened outside of 24. Indeed, consider all of the facts an interrogator would need to know to justify torture in this situation: he would need to know that an attack is imminent, he would need to know enough about the plot to capture the suspect without knowing where or when the attack was, and he would need to know that the suspect knew enough to stop the attack. This is the epistemiological aspect of the ticking time bomb scenario. It is extremely unlikely that such a situation would ever occur. Much more plausibly, an interrogator would justify chatter about impending attacks - there is always chatter - to go on a fishing expedition to see what a suspect knows. After all, there might be a ticking bomb! It is a very slippery slope from the ticking time bomb to allowing torture in any case.

What about Krauthammer's exception? Again, from Krauthammer's column:

The second exception to the no-torture rule is the extraction of information from a high-value enemy in possession of high-value information likely to save lives. This case lacks the black-and-white clarity of the ticking time bomb scenario. We know less about the length of the fuse or the nature of the next attack. But we do know the danger is great. (One of the "torture memos" noted that the CIA had warned that terrorist "chatter" had reached pre-9/11 levels.) We know we must act but have no idea where or how -- and we can't know that until we have information. Catch-22.

This is not an exception; this is a license to torture any suspect at any time. In fact, this is an exact description of the slippery slope entailed in allowing torture under the ticking time bomb scenario. So, per Krauthammer, torture is an "impermissible evil" except whenever we decide to do it. Sadly, this is about on par with the legal "reasoning" in the Bybee and Yoo torture memos. If this is the best defense torture apologists can marshal, they should move to countries that do not have extradition.

GOP Fearmongering

Remember those heady days after 9/11 when all the Republicans had to do to win an election was invoke Osama Bin Laden or the Twin Towers? Well, John Boehner certainly does.



This is Exhibit A in the intellectual bankruptcy of the GOP. On the major questions of the day - the banking/economic crisis, the healthcare crisis, the energy/climate crisis - they have no answers. They quite literally have nothing to say except for no. Well, that's not entirely true: they still recycle their old talking points, insisting that cutting corporate and capital gains taxes will be an economic panacea; that every American has adequate healthcare since they can go the ER; and that despite all scientific evidence to the contrary, global warming is not man-made.

So what's left for the Republican party? Answer: trying to scare the crap out of people. Unfortunately for them, it's not 2002 anymore. Voters by and large rejected this type of crass fearmongering during the past election, when conservatives played on fears that Barack Hussein Obama was a Muslim-terrorist-communist. But Boehner & Co. did not get the memo. Either did not notice that these scare tactics have lost their effectiveness, or it's simply all they know or have left at this point. It's a sad commentary on a pathetic political movement.

Condi Rice Needs A Lawyer...

Because the "it's-not-illegal-if-the-president-tells-you-to-do-it" defense does not work. Ask Nixon officials.


There's a lot of BS and specious reasoning to unpack here. The three points that really stand out, though, are her implication that Al Qaeda was a more significant threat after 9/11 than Nazi Germany was during World War II because Al Qaeda attacked our "homeland", that the Guantanamo was a model prison, and that waterboarding is not torture because the President said it would not be so defined.

As to the first point: yes, Nazi Germany did not attack the "homeland", but her ally Imperial Japan did. Or is Hawaii too exotic to count? The Nazis also tried to develop nuclear weapons, and would have used them given the opportunity. Oh, and between the two of them, Germany and Japan controlled nearly half the world, not a few caves in an ungovernable corner of the world. The Axis really did pose an existential threat to the United States; Al Qaeda does not. Frankly, this is an embarrassing argument for a professor of international relations to make.

Her claim that Guantanamo was a model prison is laughably disingenuous. As Scott Horton points out, the OSCE report Rice cited that described Guantanamo as a "model medium security prison" referred only to the physical facilities. The same report referred to the treatment of the prisoners as torture.

Reviving the Nixonion "it's-not-illegal-when-the-president-does-it" defense is pathetic. That the president got unscrupulous lawyers to write a memo saying that torture is not torture does not make it legal. If this is the best justification she has for assenting to the torture archipelago the Bush administration instituted, then she needs a lawyer. And she should probably stop giving interviews - especially to non-media people who will actually ask tough questions.

Waterboarding Is Torture

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Keith Olbermann at his sanctimonious best. Yes: waterboarding is torture. It always has and it always will be. Getting a lawyer to write a speciously reasoned memo asserting that waterboarding is not torture does not change this fact. Sadly, this needs to be said.

Update: As usual, Andrew Sullivan forcefully argues that waterboarding is torture, and the failure of the media to speak its name as such is an abdication of their responsibilities. Money quote:

In the face of this, are there any legal decisions, judgments or trials in the last five centuries in which waterboarding has not been deemed torture? None that I am aware of. And this is not surprising. If waterboarding someone 183 times is not torture, then nothing is torture.

Some of Life Has To Be Mysterious

It's difficult to imagine a more embarrassing, intellectually vapid defense of war crimes than this. Magic acts need to be mysterious. Authorizing torture at the highest levels of government is the type of criminality we must investigate. No one is above the law. Wishing this abhorrent period away, out of the recesses of our collective memories, only tacitly endorses this abominable behavior, and sets the precedent that a president can break the law with impunity. This is a pathetic, partisan defense of the indefensible in the name of "bipartisan" comity.

I suspect this cringeworthy performance will be remembered as the coda of a dark era. At the end, torture apologists could only plea for us "keep on walking" rather than investigate any abuses. Claims that torture, and only torture, could keep us safe have been debunked. And so Republican loyalists are only left to describe torture prosecutions as a "partisan witchhunt" and call on us to be "forward-looking." I wonder how that defense would have worked at Nuremberg.