Tom Friedman today has some very harsh words for both the Israelis and Palestinians, both of whom -- he claims -- are not serious about reaching a peace agreement. As a result, these are the principles which Friedman -- rather surprisingly -- advocates the U.S. should follow:
Let’s just get out of the picture. Let all these leaders stand in front of their own people and tell them the truth: "My fellow citizens: Nothing is happening; nothing is going to happen. It’s just you and me and the problem we own."
Indeed, it's time for us to dust off James Baker’s line: "When you’re serious, give us a call: 202-456-1414. Ask for Barack. Otherwise, stay out of our lives. We have our own country to fix." . . .
If the status quo is this tolerable for the parties, then I say, let them enjoy it. I just don’t want to subsidize it or anesthetize it anymore. We need to fix America. If and when they get serious, they’ll find us.
The only specific course of action Friedman explicitly advocates to fulfill those principles is that the U.S. cease its efforts to forge a resolution of the Israeli-Palestinian conflict and stop trying to pressure them into concessions, instead leaving each side to stew in the status quo -- in other words, do exactly that which the Netanyahu government would like most. That would be a perfectly fine suggestion if not for the fact that the U.S. is heavily invested in the outcome of that process and its interests substantially and directly impacted by what happens. That's because we single-handedly enable Israeli behavior with our massive amounts of military aid, diplomatic protection, and weapons supplying, which means Israeli behavior is rationally perceived by much of the Muslim world as being one and the same as American behavior. Muslim anger towards Israel will inevitably translate into Muslim anger towards the U.S. for as long as we continue to flood Israel with aid and cover.
Friedman doesn't explicitly advocate this, of course, but isn't the logical outcome of his prescription -- that we "just get out of the picture" and tell them to "stay out of our lives" and no longer "subsidize it" -- the cessation of all of that massive aid and assistance to Israel? How are we remotely "getting out of the picture" and telling these governments "to stay out of our lives" and no longer "subsidizing" the conflict if we remain the single largest financial and military enabler of Israeli actions as long as they continue on their current path? While Friedman isn't willing to follow his surprisingly blunt premises to their logical conclusions, Time's Joe Klein is willing do so, as this is what he wrote earlier this week about what the Obama administration should do in the face of Israeli recalcitrance:
It should start by putting a hold on all economic and military aid to Israel; the aid should not be discontinued, just held, for a nice long review until the Netanyahu government comes to understand that Jerusalem must be the capital of both Israel and Palestine, and that if you actually want peace, you don't build illegal settlement colonies in the Palestinian capital.
When is the last time there were serious discussions like this in the establishment media about cutting off aid to Israel if they refused to cease taking actions that harmed American interests? That was probably 1992, when then-Secretary of State Jim Baker repeatedly tried to link continued American aid and loan guarantees to Israeli cessation of settlement expansions and increased good faith in negotiating a peace agreement with the Palestinians -- which caused a major political backlash in the U.S., fueled by what then-NYT-reporter Tom Friedman described as "a number of pro-Israeli Senators." It's amazing how little has changed vis-a-vis American debates over Israel in the 17 years since then.
In countless ways, our foreign policy has long and directly violated George Washington's 1796 warning that "nothing is more essential than that permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded"; that "the nation which indulges towards another a habitual hatred or a habitual fondness is in some degree a slave"; and that "a passionate attachment of one nation for another produces a variety of evils." The typical justification for violating those warnings is that our interests are served by maintaining and steadfastly supporting permanent alliances of this sort.
Yet here is one such nation that receives more American support than any other, stubbornly refusing to cease conduct which our government officially proclaims to be deeply harmful to our interests, and the notion of using our vast leverage to make them change behavior is decreed to be one of the most impenetrable taboos (even the Executive Director of the ostensibly orthodoxy-fighting J Street recently demanded that such a step not even be entertained). For so long, it's been an unchallengeable given that we are required to continue to lavish Israel with aid and diplomatic protection even if they do things that our own government believes (or at least claims to believe) is directly harming the United States. Perhaps Friedman's implicit (if unintended) call for that to change -- and Klein's explicit call that it change -- signals a long-overdue erosion of that taboo.
As The New York Times reported yesterday, the ACLU this year, largely without warning, lost its single largest source of funding as a result of the financial crisis. The loss of that individual donor, who had been contributing $20 million per year, was a major blow to the organization, "punching a 25 percent hole in its annual operating budget and forcing cutbacks in operations." That loss came on top of substantial fundraising losses last year from the financial crisis and the Madoff fraud, which had already forced the group to lay-off numerous employees and cut back substantially on its activities. The lost donor made clear yesterday that he continues to support the ACLU's work emphatically but is simply now financially unable to continue his support.
It is not hyperbole to say that, over the past decade, there has been no organization more important to the United States, the Constitution, and basic political liberties than the ACLU. From the start of the Bush/Cheney assault on core civil liberties -- when most organizations and individuals were petrified of opposing any efforts justified by "terrorism" -- the ACLU was one of a small handful of groups which defied that climate of fear by vigorously and fearlessly opposing those erosions. Along with that same small handful of civil liberties and human rights groups, the ACLU since then has been at the center of virtually every fight against government incursions into basic rights. They defend core Constitutional principles regardless of party or ideology, and they continue to lead this fight even now that Bush is gone from office. As I detailed here, their crucial efforts extend far beyond litigating and lobbying, as they have often been forced to fulfill the investigative and oversight role intended for -- but abdicated by -- our national media and Congress. Indeed, most of what we know about the Bush torture regime and other lawbreaking schemes is the result not of newspapers or Congressional investigations but the ACLU.
I think many people who are extremely supportive of the ACLU haven't previously donated to them because of the perception that they're well-funded and that there are other organizations with a greater need. That is why, despite my consulting with them for the last couple of years, I've never suggested that people donate to them before. But this is no longer true. There is a genuine risk that this loss of funding can curtail vital ACLU activities and force the loss of critical lawyers and other personnel. The need for support is genuine and substantial, and I really encourage anyone who supports the truly indispensable work they do, and who is able to do so, to express that support through membership or donation. That can be done here.
[FIXED: The comment section has been down all morning; Salon is working to fix the problem]
(updated below)
Rachel Maddow today is receiving well-deserved praise for a devastating interview she conducted last night with Richard Cohen, an "ex-homosexual" therapist who is head of the "International Healing Foundation," which purportedly helps gay people become straight. Cohen's rancid slander against gay people (they're a threat to children, etc.), masquerading as "research," is being used by advocates of a proposed law in Uganda that would allow the state to execute homosexuals. The 17-minute interview is worth watching if you want to see how an extremely smart and well-prepared interrogator can absolutely destroy a guest who is brazenly spouting baseless claims and patent falsehoods (the video is also posted below).
As superb and skillful as this demolition was, and as heinous as people like Richard Cohen are, I'm more impressed when relentlessly adversarial interviews like this are targeted at people who are genuinely powerful and well-regarded by our political establishment (as Rachel has done before). When it's obscure, stigmatized nobodies who are subjected to this treatment -- easy targets -- I'm less moved. After all, even Beltway power-worshiping sycophants like Chris Matthews have shown a willingness in the past to expose a guest's ignorance with relentless questioning to the point of humiliation -- as long as the guest was some obscure, fringe figure who had no real standing in the power circles Matthews reveres. When numerous Democrats were heaping praise on Matthews for his destruction of one such right-wing guest during last year's election, Digby wrote:
Let's just say that I'd be a lot more impressed with Matthews' pitbull routine if he used it, just once, on somebody with some real clout instead of low level nobodies who don't appear on TV regularly. Bullying people without power just doesn't impress me much, especially when you have people on the show every day who actually have some and you kiss their asses with gusto. Sorry, not impressed.
If you watch a typical establishment television reporter conduct an interview with someone who is already marginalized and despised by All Decent People, you'll often see them suddenly become very aggressive and scrutinizing in a way that they would never dare do if they were interviewing a top political official or respected Washington Wise Man.
This isn't remotely a criticism of Rachel; she's an exception to this rule, as I've seen her conduct equally relentless interviews with people like Tom Ridge, and she frequently extends invitations to even powerful people whom she criticizes (they typically decline). Moreover, people like Richard Cohen are truly pernicious and urgently need to be exposed with the treatment to which Rachel subjected him; he actually deserves worse. The point in which I'm interested here is how rare it is for interviews like this to be conducted by establishment journalists with people who have real power. Could one even imagine, for instance, Tim Russert's having questioned Dick Cheney this way prior to the Iraq war, or any of the standard array of pompous, blowhard Senators being treated to an interview like this by any standard Sunday morning TV host?
One can watch what Rachel did in last night's interview -- what made it so effective -- to see why this virtually never happens on, say, Sunday shows when politically powerful people who interviewed:
(1) Rachel had obviously done a substantial amount of work prior to the interview, having even read the guest's books and being able to refer to various parts of them quickly; doing real work and real reading is far too burdensome for most of our coddled, vapid media stars.
(2) Rachel, despite being unfailingly civil and polite, was obviously indifferent to whether the guest liked her. She bombarded him with questions that made him extremely uncomfortable and which conclusively proved that he was simply lying. Media stars who host political interview programs would never subject powerful people to treatment like that for fear of losing access and/or their standing in the Beltway world.
(3) Rather than treat the guest and his claims as entitled to respect and deference, Rachel explicitly pointed out when he was lying, and even more important, demanded that he accept responsibility for his conduct (she told him he has "blood on his hands" for the role he is playing in enabling Uganda's oppression, and possibly execution, of gay people). It's simply impossible to imagine a Sunday morning media star telling, say, an advocate of the Iraq War that they have "blood on their hands," or explaining that those who advocated torture are "war criminals." Words like that are disrespectful and thus strictly prohibited when journalists deal with our elites. Sunday-morning media star journalists are there to obfuscate and elevate elite crimes, not expose them and certainly not describe them as such.
(4) Rachel's guest last night was modestly smart, coy and well-prepared, and pinning him down this way was not an easy task. Rachel was able to demolish his statements only because she is extremely smart, intellectually quick and dexterous, and able to think critically on the spot. To put it as politely as possible, people like David Gregory or, say, Brian Williams and John King don't exactly have those instruments at their disposal. That deprivation is a major reason why they're selected for those positions.
Just imagine how much better things could be if our political leaders were routinely subjected to the kind of surgically probing, lie-exposing interrogation which Rachel imposed on her homosexual-converter guest. But the reasons they almost never are speak volumes about our media stars and their true function.
UPDATE: Several people, in comments and via email, have irresponsibly suggested -- or even outright asserted -- that there is something sexist about my use of "Rachel," as contrasted with the last names of the males discussed here. I say this claim is "irresponsible" because, while I understand where this is coming from, just a few moments of research -- which ought to be a prerequisite before accusations like that are made -- would have made conclusively clear how false that suggestion is. I've compiled just a sampling of that evidence here (see first comment).
(updated below)
The British are conducting an actual public investigation into the litany of false claims made by their government to justify the attack on Iraq. Even for those who have long known it, the disclosures are underscoring just how truly criminal this deceit was:
An Iraqi taxi driver may have been the source of the discredited claim that Saddam Hussein could unleash weapons of mass destruction within 45 minutes, a Tory MP claimed today.
Adam Holloway, a defence specialist, said MI6 obtained information indirectly from a taxi driver who had overheard two Iraqi military commanders talking about Saddam's weapons.
The 45-minute claim was a key feature of the dossier about Iraq's weapons of mass destruction that was released by Tony Blair in September 2002. Blair published the information to bolster public support for war.
Other disclosures reveal that Blair was making claims that his own intelligence services were vehemently rejecting. For all the discussion about what happened in the run-up to that war, we still have not, in my view, come close to appreciating the historic magnitude of the evil of this crime -- and, of course, there have been no consequences for anyone responsible. It's always worthwhile -- and still startling -- to look back and see how blatantly false claims such as Blair's taxi-derived "45-minute" assertion were pervasively and uncritically exploited to justify this war:
NPR's Scott Simon and John Chipman of the IISS, March 22, 2003:
SIMON: And what's your feeling for whether or not he can get any of these weapons off?
Mr. CHIPMAN: Well, all the intelligence reports before the conflict were that he would be able within 45 minutes of a command to launch a chemical munition from artillery shells and that he has the devices to spray biological agents should the command be given and followed.
Mort Zuckerman, publisher U.S. News & World Report, December 23, 2002:
The British know this. In a chilling report released just recently, they described Iraq's large, effective system for concealing proscribed materials, including dual-use facilities and hiding spots that are located close to roads and telecommunications so that illicit items can be moved on short notice. Indeed, the British reported that Iraq can get WMD ready for use within 45 minutes of Saddam's orders. President Bush has been consistent in asserting that further deceptions by Saddam will not be tolerated. If the administration failed to act now, it would not only let Saddam off the hook but allow him to accumulate funds from oil sales to buy or build a still-greater WMD arsenal. And, it would ruin American credibility in the Muslim world. . .
USA Today Editorial, December 9, 2002:
Not only does the sheer size of the submission promote suspicions, the Bush administration last week said that it has a "solid basis" for asserting Iraq still has forbidden weapons. A chilling British government report in September detailed suspected continuing chemical and biological weapons programs, plans to activate them within 45 minutes and possible efforts to build nuclear weapons.
CNN's David Ensor, December 7, 2002:
British and U.S. intelligence officials believe Saddam Hussein has continued to produce a variety of chemical and biological agents with at least some of those weapons capable of being deployed in as little as 45 minutes.
Ryan Lizza, The New Republic, October 7, 2002:
Most remarkably, hours after Blair argued that Iraq could deploy chemical or biological weapons within 45 minutes of an order to use them, French President Jacques Chirac questioned whether Iraq had any proscribed weapons at all. . . . Even worse, unmovic is bound by two "memoranda of understanding" (MOU) negotiated between Baghdad and the U.N. that would serve Saddam well if inspectors return. . . . And it's not just unmovic's rules that worry some Bushies, especially the hawks. It's Blix himself. "Blix is awful," says a top State Department official.
One can go on and on with that. One of the worst retroactive, self-justifying lies told about this time period by those who did these things is that they had no reasons to question the false claims they were disseminating because "everyone" believed them and nobody disputed them. To see how false that is, consider the March 17, 2003 Der Spiegel Editorial warning that "for months now, Bush and Blair have been busy blowing up, exaggerating and deliberately over-interpreting intelligence information and rumours to justify war on Iraq." It specifically mocked the 45-minute claim. Or see the September 30, 2002 McClatchy article by Strobel, Landsay and Hutchinson -- headlined: "War talk fogged by lingering questions; Threat Hussein poses is unclear to experts" -- which warned: "those reports appear to be far from confirmed." Or see the various statements by Scott Ritter ("The truth of the matter is that Iraq has not been shown to possess weapons of mass destruction, either in terms of having retained prohibited capability from the past, or by seeking to re-acquire such capability today") or Howard Dean ("Secretary Powell's recent presentation at the UN showed the extent to which we have Iraq under an audio and visual microscope. Given that, I was impressed not by the vastness of evidence presented by the Secretary, but rather by its sketchiness").
The people who mindlessly passed on claims like Tony Blair's "45-minute" hysteria did it without regard to whether it was true. At best, they didn't care. They wanted the invasion and were willing to say anything to justify it. The ones who were most unquestioning were "journalists" whose only ostensible function is to question -- see but a small sampling of examples above. What's most remarkable about all of it is that virutally none has even acknowledged wrongdoing and none has suffered any consequences of any kind. This British investigation is underscoring just how extreme all of this was.
UPDATE: The indispensable Jonathan Schwarz posts these images, from headlines appearing in Rupert Murdoch's Sun in September, 2002 (h/t bilejones):
Schwarz provides some added background on how this claim was manufactured. Atrios sums up the real point here: "A conservative estimate is that 100,000 people have died as a result of the invasion of Iraq. Do any of our elite media people feel any remorse at all?" I believe "no" could be classified as a "simple answer to a simple question."
[updated below - Update II (Wed.)]
Over the past couple of days, Andrew Sullivan has linked to and published protests from various individuals who are quite angry that people "on the left" are being so mean to President Obama, and several of them are so upset that they have decided they are "leaving the left," whatever that might mean. What's most striking about these valiant defenses of Obama is how utterly devoid they are of any substantive points and how, instead, suffuse with weird, even inappropriate, emotional attachments they are. These objections are grounded almost exclusively in (a) a deep-seated conviction that President Obama is a good and just man who means well; (b) their own rather intense upset at seeing him criticized; and (c) a spitting ad hominem fury of the type long directed by Bush followers at any critics of their leader, and generally typical of authoritarian attacks on out-groups critics. Just marvel at some of this:
Thank goodness people are starting to leave the left. Their abandonment of Obama is as unconscionable as the right's refusal to work with him. . . . This is about decency and working together to solve problems. . . . Obama is almost solitary in his desire and ability to tackle problems of epic proportion while realizing that we live in a very heterogeneous society. . . . The loud-mouths on the Left are becoming nearly as hysterical and vicious as those on the right. . . . I marvel (unhappily) on a daily basis on how myopic and stubborn many of those on the left have become in regards to President Obama. I wonder if any of these people have ever truly had to make hard decisions in their lives. Have they not ever had to weigh all consequences?. . . . These are real choices people, not a schoolyard fantasy, in which our guy, king of the geeks, is finally captain of the kickball team, and now he can pick us fellow geeks and play us all in sweet revenge against the jocks. He is not playing. He is leading. Not even one year in, I am willing to continue to trust his instinct, his grace, his patience and his measured hand. . . .These are the reasons I voted for him. Hope for a leader, not hope for "everything to be completely different from the previous guy regardless of the consequences", which is what I think many immature democrats are upset about. What a bunch of selfish babies. . . . The stuff coming out of "progressive" mouths is all too often on a par with Glenn Beck's abusive rants--both sides (right and left wingers) playing thousand-pound national football with the President as the ball--meaning, kick kick kick, until you bust his dick. This truly makes me sick.
These outbursts include everything other than arguments addressed to the only question that matters: are the criticisms that have been voiced about Obama valid? Has he appointed financial officials who have largely served the agenda of the Wall Street and industry interests that funded his campaign? Has he embraced many of the Bush/Cheney executive power and secrecy abuses which Democrats once railed against -- from state secrets to indefinite detention to renditions and military commissions? Has he actively sought to protect from accountability and disclosure a whole slew of Bush crimes? Did he secretly a negotiate a deal with the pharmaceutical industry after promising repeatedly that all negotiations over health care would take place out in the open, even on C-SPAN? Are the criticisms of his escalation of the war in Afghanistan valid, and are his arguments in its favor redolent of the ones George Bush made to "surge" in Iraq or Lyndon Johnson made to escalate in Vietnam? Is Bob Herbert right when he condemned Obama's detention policies as un-American and tyrannical, and warned: "Policies that were wrong under George W. Bush are no less wrong because Barack Obama is in the White House"?
Who knows? Who cares? According to these defenders, it's just wrong -- morally, ethically and psychologically -- to criticize the President. Thus, in lieu of any substantive engagement of these critiques are a slew of moronic Broderian cliches ("If Obama catches heat from the left and right but maintains the middle, he is doing what I hoped he would do (and what he said he would do) when I voted for him"), cringe-inducing proclamations of faith in his greatness ("I am willing to continue to trust his instinct, his grace, his patience and his measured hand"), and emotional contempt for his critics more extreme than one would expect from his own family members. In other words, the Leave-Obama-Alone protestations posted by Sullivan are fairly representative of the genre. How far we've fallen from the declaration of Thomas Jefferson: "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution."
With regard to many of the above-referenced criticisms -- as well as ones I haven't included -- there are reasonable disputes over the validity of the critiques, and many Obama defenders voice those on substantive grounds. Obama admirers like the ones featured above are a minority, albeit a vocal one. But far too many have an emotional attachment to him and investment in him that is deeply unhealthy, particularly when it translates into intolerance for the very act of objecting to his decisions and policies, as one sees on vivid display in the responses Sullivan posted.
I recently watched this video -- posted below -- containing interviews with numerous individuals who attended a Sarah Palin book event in Ohio. Most of them profess their deep respect and admiration for Palin even though they're barely able to defend a single substantive position she holds. The video is clearly intended to depict Palin supporters as some sort of uniquely ignorant and vacuous fan club devotees more appropriate for a movie star than a politician.
Indeed, at first, I was mesmerized by the video. After all, these were not just random, politically apathetic people selected off the street. They are politically interested and engaged enough to spend hours waiting to see Sarah Palin. They have deep convictions about politics and overwhelming faith in her judgment and abilities. And yet they have virtually no ability to justify any of her specific views on issues. They don't really care about those. What they know is that she's a culturally familiar and admirable person. They share her values and know she's a good person, and thus trust that she will "do the right thing" on specific issues regardless of whether they agree or even understand what she's doing. They have a personal connection with her that makes them place their faith in her.
After watching slack-jawed for a few minutes, I quickly realized that there was nothing unusual at all about their reaction to Palin. This was exactly what led so many Bush followers to defend him no matter what he did -- as he tortured and invaded without cause and chronically broke the law. He was, like most of them, a "good Christian" who had a nice family and meant well, and thus, while he might err, he was not capable of any truly bad or evil acts. Anyone who criticized him too harshly or too viciously was, by definition, revealing something flawed about themselves. None of the specific arguments mattered. None of it had to do with reason. Like Palin's admirers, Bush's were convinced of the core goodness of his character, and they thus loved him and hated those who suggested that there was something deeply wrong in what he was doing.
The similarity between that mentality and the one driving the Obama defenses posted by Sullivan is too self-evident to require any elaboration. Those who venerated Bush because he was a morally upright and strong evangelical-warrior-family man and revere Palin as a common-sense Christian hockey mom are similar in kind to those whose reaction to Obama is dominated by their view of him as an inspiring, kind, sophisticated, soothing and mature intellectual. These are personality types bolstered with sophisticated marketing techniques, not policies, governing approaches or ideologies. But for those looking for some emotional attachment to a leader, rather than policies they believe are right, personality attachments are far more important. They're also far more potent. Loyalty grounded in admiration for character will inspire support regardless of policy, and will produce and sustain the fantasy that this is not a mere politician, but a person of deep importance to one's life who -- like a loved one or close friend or religious leader -- must be protected and defended at all costs.
UPDATE: There is an important parallel between those who believe all criticism of Obama to be illegitimate and those on the Right who despise him without pause. The latter is every bit as personality-driven as the former: they despise Obama not for any specific policy decisions (often, those are aligned with their ostensible views), but because of personality caricatures they've adopted: he's a narcissistic, vacant, Socialist Muslim and therefore nothing he does is right. That is simply the opposite side of the same coin as those who revere his personality and thus believe that nothing he does merits real criticism.
That's unsurprising, given that many of the most vehement Obama-haters were the same ones who most loved Bush and now love Palin: this is all about cultural identification and personality admiration and has nothing to do with the factors that ought to be used to judge political leaders.
UPDATE II: Referencing this post, Talk Left's Armando writes: "sometimes I support the President, sometimes I criticize him. Depends on whether he adopts policies I agree with or not." What's most amazing is that that even needs to be said at all, that it's controversial, that it applies to a subset of the citizenry rather than . . . everyone. From experience, I know that making a statement like that often provokes the borderline-creepy demand that evidence of one's praise for (or defenses of) Obama be offered, and no matter how much evidence is provided (see here, here, here, here, here, here, here, here, here and here -- just to cite a sampling), it's frequently met with the definitely creepy objection that the praise is impure because it was mixed with some critical commentary or, more commonly, that it's simply not enough.
One other note: those who complain about Obama critics often point out that he's not a dictator and can only do what Congress permits. That's true enough as far as it goes, but it does not go very far. For instance, I've never criticized Obama for failing to meet his one-year deadline for closing Guantanamo because Congress imposed serious impediments that the White House opposed but could not stop, so that's hardly Obama's fault. But virtually all of the policies for which I have criticized him are ones which, for better or worse, are within the discretion of the President to make, and nothing Congress has done has compelled Obama to embrace those policies. That's true, for instance, of his reliance on state secrets, indefinite detention, military commission, renditions, escalation in Afghanistan, Wall-St.-subservient actions, and a whole slew of other policies on which Obama critics typically focus.
(updated below)
On the night of June 10, 2006, three Guantanamo detainees were found dead in their individual cells. Without any autopsy or investigation, U.S. military officials proclaimed "suicide by hanging" as the cause of each death, and immediately sought to exploit the episode as proof of the evil of the detainees. Admiral Harry Harris, the camp's commander, said it showed "they have no regard for life" and that the suicides were "not an act of desperation, but an act of asymmetric warfare aimed at us here at Guantanamo"; another official anonymously said that the suicides showed the victims were "committed jihadists [who] will do anything they can to advance their cause," while another sneered that "it was a good PR move to draw attention."
Questions immediately arose about how it could be possible that three detainees kept in isolation and under constant and intense monitoring could have coordinated and then carried out group suicide without detection, particularly since the military claimed their bodies were not found for over two hours after their deaths. But from the beginning, there was a clear attempt on the part of Guantanamo officials to prevent any outside investigation of this incident. To allay the questions that quickly emerged, the military announced it would conduct a sweeping investigation and publicly release its finding, but it did not do so until more than two years later when -- in August, 2008 -- it released a heavily redacted reported purporting to confirm suicide by hanging as the cause. Two of the three dead detainees were Saudis and one was Yemeni; they had been detained for years without charges; one of them was 17 years old at the time he was detained and 22 when he died; and they had participated in several of the hunger strikes at the camp to protest the brutality, torture and abuse to which they were routinely subjected. Perversely, one of the three victims had been cleared for release earlier that month.
A major new report from Seton Hall University School of Law released this morning raises serious doubts about both the military's version of events and the reliability of its investigation. The Report details that the three men "died under questionable circumstances"; that "the investigation into their deaths resulted in more questions than answers"; and that "without a proper investigation, it is impossible to determine the circumstances of the three detainees' deaths." The 54-page, heavily-documented Report raises numerous troubling questions, as illustrated by these (click images to enlarge):
There is one way that a meaningful investigation could be conducted into what happened to these three detainees: a lawsuit filed in federal court by the parents of two of the detainees against various Bush officials for the torture and deaths of their sons -- who had never been charged with, let alone convicted of, any wrongdoing (indeed, one had been cleared for release). By itself, discovery in that lawsuit would shed critical light on what was done to these detainees and what caused their deaths.
The problem, however, is that the Obama DOJ has been using every Bush tactic -- and inventing whole new ones -- to block the lawsuit from proceeding. As The Washington Independent's Daphne Eviatar detailed in October, "the Obama administration has surprisingly endorsed the same legal positions as its predecessor, insisting that there is no constitutional right to humane treatment by U.S. authorities outside the United States, and that victims of torture and abuse and their survivors have no right to compensation or even an acknowledgment of what occurred." As Eviatar wrote about the Obama position, which -- among other things -- invokes the Military Commissions Act to argue that Congress stripped federal courts of jurisdiction to hear even Constitutional claims from Gitmo detainees:
The Obama administration is insisting, however, that Congress had the power to eliminate judicial review of these claims. It also argues that the Defense Department officials are immune from suit, because, as the Bush Justice Department argued in previous cases, it wasn’t clear at the time that detainees had a right not to be tortured by U.S. officials at Guantanamo. They therefore have "qualified immunity" from suit.
But the Justice Department goes further than that. Under President Obama, the government is arguing not only that it wasn’t clear what rights detainees were entitled to back in 2006, but that even today the prisoners have no right to such basic constitutional protections as due process of law or the right to be free from cruel and unusual punishment. The "Fifth and Eighth Amendments do not extend to Guantánamo Bay detainees," writes the Justice Department in its brief.
And, the government argues, the courts should not imply a right to sue under the Constitution, in part because that could lead to "embarrassment of our government abroad."
Ultimately, the Obama administration is arguing, victims of torture at a U.S.-run detention center abroad have no right to redress from the federal government. Only the military can take action in such cases, by disciplining military officers for abuse of prisoners.
In fact, the Brief filed by the Obama DOJ demanding dismissal of the case explicitly argues -- in classic Bush/Cheney fashion -- that merely allowing discovery in this case to determine what was done to these detainees would help the Terrorists kill us all:
All of this is depressingly consistent with multiple other cases in which the Obama DOJ is attempting aggressively to shield even the most illegal and allegedly discontinued Bush programs from judicial review. Time and again, the most radical Bush claims of executive power, immunity and secrecy (ones Democrats and even Obama frequently condemned) are invoked to insist that federal courts have no right to adjudicate claims that the Government violated the Constitution and the law. As Harper's Scott Horton documented over the weekend, a new filing by the Obama DOJ in defense of John Yoo is "seeking to make absolute the immunity granted Justice Department lawyers who counsel torture, disappearings, and other crimes against humanity." In other words, as we lecture the world about the need for them to apply the rule of law and hold war criminals accountable, we simultaneously proclaim about ourselves:
We can kidnap your sons from anywhere in the world, far away from any "battlefield," ship them thousands of miles away to an island-prison, abuse and torture them mercilessly, and when we either drive them to suicide or kill them, you have no right to any legal remedy or even any recourse to find out what happened.
As Horton writes, the claim that government officials enjoy a virtually impenetrable shield of immunity even in the commission of war crimes "has emerged as a sort of ignoble mantra for the Justice Department, uniting both the Bush and Obama administrations." Indeed, that is the common strain of virtually every act undertaken by the Obama DOJ with regard to our government's war crimes and other felonies, from torture to renditions to illegal eavesdropping.
With revelations of serious, recent abuse at an ongoing "black site" prison in Afghanistan, serious questions have been raised about the extent to which detainee abuse has actually been curbed under Obama. But there's no question that the single greatest impediment to disclosure and accountability for past abuses is the Obama Justice Department, which has repeatedly gone far beyond the call of duty in its attempt to protect Bush war crimes and other illegal acts. This new Seton Hall Report regarding these three detainees deaths illustrates not only how perverse and unjust, but also how futile, such efforts are. War crimes never stay hidden, and the only question from the start was whether the Obama DOJ would be complicit in the attempt to shield them from disclosure. That question has now been answered rather decisively.
UPDATE: Scott Horton has an interview with Law Professor Mark Denbeaux, the primary author of the report, in which he elaborates on why the military's claims and "investigation" are so suspect.
(Updated below w/MSNBC segment )
On the vital question of whether Obama is committed to begin withdrawing troops from Afghanistan in July, 2011 -- or whether that's just an aspirational target subject to being moved -- the statements from key administration officials aren't merely in tension with one another, but are exact opposites:
President Barack Obama's administration said that a July 2011 target date to begin withdrawing US troops from Afghanistan was not set in stone. Secretary of State Hillary Clinton, Defense Secretary Robert Gates, and the top uniformed US military officer, Admiral Michael Mullen, sought to sell the new approach under fire from Obama's hawkish Republican foes.
During hours of questioning by two key committees, they made clear that his target date of starting a US troop withdrawal in 19 months' time -- a step some anti-escalation lawmakers, especially Democrats, had cheered -- could slip.
"I do not believe we have locked ourselves into leaving," said Clinton, who added the goal was "to signal very clearly to all audiences that the United States is not interested in occupying Afghanistan."
Gates said the extra troops Obama had ordered to Afghanistan would be in place in July 2010, that a December 2010 review of the war effort would shape the pace of the withdrawal, and that the target date could change.
I asked White House spokesman Robert Gibbs if senators were incorrect calling the date a "target."
After the briefing, Gibbs went to the president for clarification. Gibbs then called me to his office to relate what the president said. The president told him it IS locked in -- there is no flexibility. Troops WILL start coming home in July 2011. Period. It's etched in stone. Gibbs said he even had the chisel.
What could possibly explain a contradiction this extreme with regard to a question so central to the policy Obama just announced? How can you have the Defense Secretary and the Secretary of State testifying in front of the Senate that the July, 2011 date is "not set in stone," that they "have not locked oursleves into leaving," and that "the target date could change," while the President is saying exactly the opposite: that "it IS locked in – there is no flexibility" and "it's etched in stone"?
Is it remotely possible that the months of extremely careful, cerebral, thoughtful deliberations produced complete ambiguity on this central point, or is it that Obama's plan is designed to be sufficiently ambiguous so that nobody knows what it actually entails and everyone can therefore be told that it means what they want it to mean? And which is worse?
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I'll be on MSNBC this morning at 10:15 a.m EST, debating Afghanistan with Christopher Hitchens.
UPDATE: Here is the MSNBC segment I did this morning:
I was previously a constitutional law and civil rights litigator in New York. I am the author of two New York Times Bestselling books: "How Would a Patriot Act?" (May, 2006), a critique of the Bush administration's use of executive power, and "A Tragic Legacy" (June, 2007), which examines the Bush legacy. My most recent book, "Great American Hypocrites", examines the manipulative electoral tactics used by the GOP and propagated by the establishment press, and was released in April, 2008, by Random House/Crown.
Twitter: @ggreenwald
E-mail: GGreenwald@salon.com