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Hayden: The Torture Memos Show The ‘Outer Limits’ That ‘Any American’ Would Go To In Interrogations

Today on Fox News Sunday, former CIA director Michael Hayden blasted President Obama’s decision to release the Bush-era torture memos. Hayden claimed that he and other former CIA directors opposed making the documents public because it would compromise future interrogations of detainees by letting them know the “outer limits” of what the United States does:

HAYDEN: At the tactical level, what we have described for our enemies in the midst of a war are the outer limits that any American would ever go to in terms of interrogating an al Qaeda terrorist. That’s very valuable information. Now, it doesn’t mean we would always go to the outer limits, but it describes the box within which Americans will not go beyond. To me, that’s very useful for our enemies, even if as a policy matter, this President at this time had decided not to use one, any or all of those techniques. It reveals the outer limits. That’s very important.

Watch it:

The enhanced interrogation tactics were not “the outer limits”; they were in fact torture techniques that operated outside the law. In one of his earliest acts after taking office, Obama signed executive orders ending the CIA’s secret prisons and ending torture by requiring interrogations to abide by the Army Field Manual.

Since at least last month, Hayden has been pressing the Obama administration not to release these torture memos. But his attempts to cover-up abuses go back much further. He has tried repeatedly to prevent the public from learning about the Bush administration’s torture, pushing the “outer limits” of what’s legal:

– In 2005, the CIA destroyed videotapes of agents administering harsh interrogation tactics against two al Qaeda operatives. Hayden defended the move, saying, “What matters here is that it was done in line with the law.” Hayden also claimed that videotaping of interrogations had stopped in 2002, even though evidence later came out suggesting that taping had continued.

– In 2004, IG John L. Helgerson issued a report warning “that some C.I.A.-approved interrogation procedures appeared to constitute cruel, inhuman and degrading treatment, as defined by the international Convention Against Torture.” He continued to exert aggressive oversight of the agency, and in 2007, Hayden ordered an unprecedented internal investigation of the IG. The move appeared to “undermine the independence of the office.”

Host Chris Wallace also asked Hayden about the revelation that Khalid Sheikh Mohammed was waterboarded 183 times in March 2003, based on information released in the new torture memos. Hayden claimed that such information had not been made public and refused to confirm or deny the accounts.

Politics

Meghan McCain: ‘Most of the old school Republicans are scared shitless’ of the future.

In an address to the Log Cabin Republicans yesterday, Meghan McCain said that her recent public disagreements with conservative figures including Ann Coulter and Laura Ingraham have reinforced her belief that most “old school Republicans” are “scared shitless” of the future. McCain said that the Republican party must challenge “the mold and the notions of what being a Republican means” by embracing what she called being a “progressive Republican“:

mmccain1.jpgSo tonight, I am proud to join you in challenging the mold and the notions of what being a Republican means. I am concerned about the environment. I love to wear black. I think government is best when it stays out of people’s lives and business as much as possible. I love punk rock. I believe in a strong national defense. I have a tattoo. I believe government should always be efficient and accountable. I have lots of gay friends. And yes, I am a Republican.

Despite the fact that the Log Cabin Republicans advocate on behalf of gay and lesbian interests in the Republican party, McCain only tangentially addressed her own views on gay rights. She expressed her hope that all people could live “in full equality with each other.”

Yglesias

The Frequently Ticking Time Bomb

Marcy Wheeler offers some close reading and observes that “According to the May 30, 2005 Bradbury memo, Khalid Sheikh Mohammed was waterboarded 183 times in March 2003 and Abu Zubaydah was waterboarded 83 times in August 2002.”

This should, I think, put to rest the notion that some kind of ticking time bomb story lies at the heart of the Bush administration’s torture policy. And of course once you start torturing people, the tendency is for torture to always become excessive. Among other things, normal people aren’t going to want to torture anyone. So after the first few dozen torture sessions, your more well-adjusted torturers are going to find themselves drifting out of the torture business and you’re left more with the people who like torturing. Maybe they’re sadists or just eager to avenge 9/11 or god knows what. But that how your torturing sessions can end up in the triple digits.

Politics

NYT editorial calls for impeachment of Judge Jay Bybee.

bybee.jpgIn his capacity as former head of the Office of Legal Counsel (OLC), Jay Bybee’s “name appears as the author of the August 1, 2002 memo justifying and authorizing clear acts of torture by the CIA.” For his willingness to engage in torturous legal reasoning, Bybee was awarded a lifetime seat on the 9th Circuit Court of Appeals by President Bush. The Senate confirmed him with a 74-19 vote. The New York Times writes that the newly-released OLC torture memos make it appropriate for Congress to reconsider its decision to approve Bybee:

These memos make it clear that Mr. Bybee is unfit for a job that requires legal judgment and a respect for the Constitution. Congress should impeach him.

The California Democratic Party, which is holding its convention next weekend, will consider “a resolution from grassroots activists calling for Jay Bybee’s impeachment.”

Update

American Civil Liberties Union lawyer Jameel Jaffer, whose lawsuit helped propel the memos’ disclosure, called the arguments “window dressing for war crimes” because they were “meant to support conclusions that were predetermined” rather than to produce a credible reading of the law.


Update

,The LA Times has a front-page story today noting that conservatives are gaining sway over the 9th Circuit.

Yglesias

How to Comment on the EPA’s Greenhouse Gas Endangerment Finding

Now that the Environmental Protection Agency has issued an official finding that greenhouse gasses are a threat to public health and human welfare, we’re entering a 60 public comment period on the ruling. You can—and should—make your views known. For a non-specialist, I would say that an appropriate message is something like the observation that the ruling is clearly correct on the merits, and that you’ve heard some concern that EPA regulation isn’t necessarily the best way to handle this issue so you hope congress will pass a comprehensive energy plan that includes a carbon cap system but until that happens the EPA needs to do what it can.

Kate Sheppard explains how you can do it:

3345815279_b19fbd2120

—Email: GHG-Endangerment-Docket@epa.gov

—Fax: 202.566.1741

—Snail mail:
Environmental Protection Agency
EPA Docket Center (EPA/DC)
Mailcode 6102T
Attention Docket ID No. EPA-HQ-OAR-2009-0171
1200 Pennsylvania Avenue NW
Washington, DC, 20460

—In person:
EPA Docket Center’s Public Reading Room
EPA West Building, Room 3334
1301 Constitution Avenue NW, Washington, DC, 20004

Go at it. Seriously. If you have time to read this, you have time to write an email.

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