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Gallup Polls Public Approval on Innocent Bystanders, But Not Torturers

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You guys are all really smart people. So here’s a quiz. What’s wrong with this picture?

I know. Too easy: Gallup apparently decided to poll who was winning the battle of torture public opinion.

And forgot to poll public approval on the actual torturers!

I don’t have the crosstabs or actual questions, but by all appearances, Gallup asked, 

Do you approve or disapprove of how each of the following has handled the matter of interrogation techniques used against terrorism suspects?

  • Barack Obama
  • The CIA
  • Democrats in Congress
  • Republicans in Congress
  • Nancy Pelosi

I’m sorry to be crude, but was it Crazy Pete Hoekstra or Dick Cheney himself who sucked your dick, Gallup, to persuade you to do this poll?  Because there’s really no other legitimate excuse for this poll. You didn’t poll on approval on the "handling of interrogation techniques used against terrorism suspects" for:

  • Dick Cheney, the architect and main apologist of the torture program
  • James Mitchell and Bruce Jessen, the contractors who had no experience in interrogation, but nevertheless made big money off of torturing prisoners
  • John Yoo, Jay Bybee, and Steven Bradbury, who wrote crazy legal opinions to pre-authorize torture
  • The torturer who said he used more water than legally permitted because that made the whole process "more poignant and convincing"  
  • Alberto Gonzales, who was giving daily, meticulous approvals for torture even before it had been declared "legal"

Instead, Gallup polled on a bunch of people who weren’t involved in the actual torture. Hell, even the CIA’s significantly off the hook, given that contractors did the torture, and people like George Tenet and Jose Rodriguez who oversaw it are retired.

What’s your opinion of the handling of the members of Congress who were illegally not briefed before the torture started? What’s your opinion of those chump Democrats who tried to make the Army Field Manual (for all its faults) the standard for interrogation? What’s your opinion of a bunch of dead-ender Republicans who are clinging to some political scandal to stay relevant?

But not, "What’s your opinion of Dick Cheney, who tried to get an Iraqi tortured so he could claim there were ties between Iraq and al Qaeda that had long since been discredited?"

Dick Asks Obama to Wave His Magic Wand

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During the week that Dick Cheney ordered Libby to out Valerie Plame, Mary Matalin told Libby that "Bush" should order everything on the Wilsons declassified (it’s not clear whether Matalin meant this to include Plame’s identity or not). She said "the President should wave his magic wand" to declassify the oppo on the Wilsons. (She said this in the same conversation, IIRC, in which she called Joe Wilson a snake.)

I thought of that today when I read Cheney’s latest attempt to pressure Obama to declassify his propaganda on torture. (h/t Bob Fertik)

I saw that information as vice president, and I reviewed some of it again at the National Archives last month. I’ve formally asked that it be declassified so the American people can see the intelligence we obtained, the things we learned, and the consequences for national security. And as you may have heard, last week that request was formally rejected.

It’s worth recalling that ultimate power of declassification belongs to the President himself. President Obama has used his declassification power to reveal what happened in the interrogation of terrorists. Now let him use that same power to show Americans what did not happen, thanks to the good work of our intelligence officials.

C’mon, Obama, wave that magic wand, Dick appears to be begging. A wonder, huh, that he’s resorting to selective declassification again to try to win a political argument.

Selective declassification, that is, and a selective memory. Central to Cheney’s narrative, you see, is that Obama "used his declassification power to reveal what happened in the interrogation of terrorists." Now, to be fair, Obama did participate in discussions of whether or not to release those documents. But ACLU didn’t get the documents from Obama or the White House. It got them from DOJ, the originator of the memos.Those memos got handed over in the same way any routine successful FOIA request would  (even if this did end up being a non-routine FOIA request). 

I guess in Dick Cheney’s little mind, it always has to be about the executive waving his magic wand.

Update: Ah jeebus. As if working from a script, Fox’s Major Garrett rushed off to the press conference and started waving Dick’s magic wand for him.

Q A follow-up on Mark’s question, does the President agree or disagree with the Vice President’s contention that he has the authority to declassify the CIA memos? Does he agree with that?

Read more →

Obama “Looks Forward” on Financial Fraud, Too

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Obama just issued a signing statement to the bill establishing the "Pecora Commission," mandated to investigate the financial meltdown. The statement seems to signal a desire to "look forward" on financial fraud, in the same way he continues to try to "look forward" on torture an other abuses of power.

The complete statement reads,

Today I have signed into law S. 386, the "Fraud Enforcement and Recovery Act of 2009." This Act provides Federal investigators and prosecutors with significant new criminal and civil tools to assist in holding accountable those who have committed financial fraud. These legislative enhancements will help the Department of Justice to combat mortgage fraud, securities and commodities fraud, and related offenses, and to protect taxpayer money that has been expended on recent economic stimulus and rescue packages. With the tools that the Act provides, the Department of Justice and others will be better equipped to address the challenges that face the Nation in difficult economic times and to do their part to help the Nation respond to this challenge.

Section 5(d) of the Act requires every department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the United States to furnish to the Financial Crisis Inquiry Commission, a legislative entity, any information related to any Commission inquiry. As my Administration communicated to the Congress during the legislative process, the executive branch will construe this subsection of the bill not to abrogate any constitutional privilege.

Which affects the following section, laying out the Commission’s investigative power. 

(d) Powers of the Commission-

(1) HEARINGS AND EVIDENCE- The Commission may, for purposes of carrying out this section–

(A) hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths; and

(B) require, by subpoena or otherwise, the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, and documents.

(2) SUBPOENAS-

(A) SERVICE- Subpoenas issued under paragraph (1)(B) may be served by any person designated by the Commission.

(B) ENFORCEMENT-

Read more →

About the Foto Flip-Flop

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It’s inexcusable, Obama’s flip-flop on the DOD abuse photos.

Not (just) because I think he’s wrong on the law and he’ll probably not get Cert with SCOTUS, making this a big pose.

Rather, it’s inexcusable because Obama issued new guidelines on FOIA that he now abandons:

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public. 

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government.  The presumption of disclosure should be applied to all decisions involving FOIA.

Granted, a bunch of Generals and Colonels would undoubtedly be embarrassed by the disclosure of abuse that happened on their watch (above all–as Nell suggests–Stanley McChrystal, newly tapped to take over in Afghanistan). Granted, some of those Generals and Colonels (the aforementioned McChrystal) would probably lose their next promotion if these pictures became public. Granted, pundits speculate, abstractly, that the release of another round of torture pictures will inflame the already volatile Iraq and Afghanistan.   

But those are all invald excuses, according to President Obama’s own FOIA guidelines. If you’re going to set a rule, follow it yourself.  

Now, as I said, I think Obama will lose this fight and I think he may well know and be planning on losing it. But I have a suggestion, in the meantime, that would prove Obama was concerned about the troops and not just playing politics with his own FOIA rules. The military dismisses concerns that this is just a big attempt to protect the powerful who commanded units that engaged in systematic abuse. The military says they’ve been working really hard to punish people for this abuse.

But Pentagon officials reject ACLU allegations that the photos show a systemic pattern of abuse by the military.

Pentagon spokesman Bryan Whitman said the Defense Department has "always been serious about investigating credible allegations of abuse."

Read more →

Those CIA Employees Don’t LOOK Pissed that Obama Released the Torture Memos

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The Village has been out in force declaring that Obama’s decision to release the torture memos will hurt the morale of CIA’s employees.

But CIA’s employees sure greeted Obama warmly when he spoke at Langley yesterday. See also the beginning of the applause at the end of the Panetta introduction.

Now I realize these things are carefully stagecrafted. I realize the members of the clandestine service–the men and women being asked to push the limits in the name of national security–are probably not sitting in front of the camera at an Obama photo op. 

But I’ve been re-reading the books that first exposed our torture program in the last few days, and it’s clear that opposition came not just from the FBI. It came, in some cases, from those at CIA who thought the torture ineffective, too much, dehumanizing to the interrogators. As Scott Horton describes,

CIA interrogators were not wild about the use of these techniques.

[snip]

But the rebellion included whistleblowers who went to the CIA’s inspector general, John L. Helgerson. He launched a probe which documented what was going on and concluded, correctly, that a number of the techniques then in use were potentially prosecutable as federal crimes. Bybee’s memo and those of his successor Steven G. Bradbury are designed to silence and override the dissenters, most notably the CIA inspector general, and thus put down the rebellion against torture at the CIA.

Now, I will grant you that some in the CIA are still defending the efficacy of the torture. Others are no doubt worried they will be prosecuted.

But some will be grateful that Obama is forcing the CIA out of the torture business. 

The OLC Memos, “Erroneous and Inflammatory Assumptions,” and John Rizzo’s Lies

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In his statement on the torture memos today, Obama suggested that some of the "assumptions" about what Americans had done were wrong, and that releasing the memos would correct these "assumptions."

First, the interrogation techniques described in these memos have already been widely reported. Second, the previous Administration publicly acknowledged portions of the program – and some of the practices – associated with these memos. Third, I have already ended the techniques described in the memos through an Executive Order. Therefore, withholding these memos would only serve to deny facts that have been in the public domain for some time. This could contribute to an inaccurate accounting of the past, and fuel erroneous and inflammatory assumptions about actions taken by the United States.[my emphasis]

This suggests (though weakly) that the OLC memos–and not other evidence–should be taken as authoritative on the events surrounding our interrogation program.

Though, on several counts, this is not true.

The most troubling example pertains to Abu Zubaydah’s mental state before he was tortured. John Yoo (writing under Jay Bybee’s name) goes to some lengths to establish Abu Zubaydah’s sanity. After five paragraphs that basically make Abu Zubaydah out to be a self-confident stud, here’s what Yoo says about AZ’s psychological health.

According to your reports, Zubaydah does not have any pre-existing mental conditions or problems that would make him likely to suffer prolonged mental harm from your proposed interrogation methods. Through reading his diaries and interviewing him, you have found no history of "mood disturbance or other psychiatric pathology[,]" "thought disorder[,] … enduring mood or mental health problems." He is in fact "remarkably resilient and confident that he can overcome adversity." When he encounters stress or low mood, this appears to last only for a short time. He deals with stress by assessing its source, evaluating the coping resources available to him, and then taking action. Your assessment notes that he is "generally self-sufiicient and relies on his understanding and application of religious and psychological principles, intelligence and discipline to avoid and overcome problems." Moreover, you have found that he has a "reliable and durable support system" in his faith, "the blessings of religious leaders, and camaraderie of like-minded mujahedin brothers." During detention, Zubaydah has managed his mood, remaining at most points "circumspect, calm, controlled., and deliberate." He has maintained tius demeanor during aggressive interrogations and reductions in sleep. You describe that in an initial confrontational incident, Read more →

Obama on the OLC Memo Release

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With my comments interspersed:

The Department of Justice will today release certain memos issued by the Office of Legal Counsel between 2002 and 2005 as part of an ongoing court case. These memos speak to techniques that were used in the interrogation of terrorism suspects during that period, and their release is required by the rule of law.

Michael Hayden was on claiming they could have won this in court–I think he’s really underestimating how fed up Hellerstein is with this bullshit. 

My judgment on the content of these memos is a matter of record. In one of my very first acts as President, I prohibited the use of these interrogation techniques by the United States because they undermine our moral authority and do not make us safer. Enlisting our values in the protection of our people makes us stronger and more secure. A democracy as resilient as ours must reject the false choice between our security and our ideals, and that is why these methods of interrogation are already a thing of the past.

But that is not what compelled the release of these legal documents today. While I believe strongly in transparency and accountability, I also believe that in a dangerous world, the United States must sometimes carry out intelligence operations and protect information that is classified for purposes of national security. I have already fought for that principle in court and will do so again in the future. However, after consulting with the Attorney General, the Director of National Intelligence, and others, I believe that exceptional circumstances surround these memos and require their release.

First, the interrogation techniques described in these memos have already been widely reported. Second, the previous Administration publicly acknowledged portions of the program – and some of the practices – associated with these memos. Third, I have already ended the techniques described in the memos through an Executive Order. Therefore, withholding these memos would only serve to deny facts that have been in the public domain for some time. This could contribute to an inaccurate accounting of the past, and fuel erroneous and inflammatory assumptions about actions taken by the United States.

Note the admission that not all of the practices have been acknowledged. Perhaps, just for example, blows to the head?  Also, the recognition that these have been widely reported suggests the ICRC report may have made a difference in this fight.

In releasing these memos, Read more →

Where’s the Guy Who Doesn’t Know $hit about Wall Street?

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Steven Rattner doesn’t know shit about cars.

Or at least he didn’t a month and a half ago. And then, President Obama decided he was the single best person in the country to lead the auto task force–to assess the state of the auto industry, figure out whether letting one or both of the failing companies go under, and if not, how to bring them out of their doldrums.

Frankly, I’m unconvinced Rattner was the guy to assess and guide the auto restructuring–mostly though because he seems to have gotten picked because he’s a schmoozy insider with a great talent for self-promotion. But I do appreciate this qualification of Rattner’s:

"What I bring to this is the advantage of no preconceived notions. I don’t come with an embedded view," Rattner said in an interview, calling the job "the most complex challenge I’ve ever had to deal with."

And here’s another "qualification," pitched by his buddy Steven Weisman:

"He may not have had a particular history of interest in the auto industry, but he would bring the ability to ask basic questions and try to get basic answers and drive toward the agreement on a solution."

Sean McAlinden, who does know the auto industry, reports that at least Rattner has been learning quickly.

Now like I said, I’m not convinced having someone who is totally ignorant about an industry is the best person to come in and try to rescue it. But at the very least, having someone as ignorant as Rattner go through the process of learning about the auto industry may help Obama to rethink his significant preconceived notions about why the auto industry is in trouble and what to do about it. 

I realized today–as I was doing a radio interview about AIG bonuses with Nancy Skinner, also in MI–how dramtically different Obama’s approach to assessing and resolving the finance industry (the folks who, after all, caused many of the more urgent woes of the car companies). 

Obama’s first instinct in assessing the auto industry was to bring in someone who was completely ignorant of the industry, to ask questions. Read more →

Obama Creates Delicious Hell for Stimulus Lobbyists

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With this memo.

Sec. 3. Ensuring Transparency of Registered Lobbyist Communications.

(a) An executive department or agency official shall not consider the view of a lobbyist registered under the Lobbying Disclosure Act of 1995, 2 U.S.C. 1601 et seq., concerning particular projects, applications, or applicants for funding under the Recovery Act unless such views are in writing.

(b) Upon the scheduling of, and again at the outset of, any oral communication (in-person or telephonic) with any person or entity concerning particular projects, applications, or applicants for funding under the Recovery Act, an executive department or agency official shall inquire whether any of the individuals or parties appearing or communicating concerning such particular project, application, or applicant is a lobbyist registered under the Lobbying Disclosure Act of 1995. If so, the lobbyist may not attend or participate in the telephonic or in-person contact, but may submit a communication in writing.

(c) All written communications from a registered lobbyist concerning the commitment, obligation, or expenditure of funds under the Recovery Act for particular projects, applications, or applicants shall be posted publicly by the receiving agency or governmental entity on its recovery website within 3 business days after receipt of such communication.

(d) An executive department or agency official may communicate orally with registered lobbyists concerning general Recovery Act policy issues; provided, however, that such oral communications shall not extend to or touch upon particular projects, applications, or applicants for funding, and further that the official must contemporaneously or immediately thereafter document in writing: (i) the date and time of the contact on policy issues; (ii) the names of the registered lobbyists and the official(s) between whom the contact took place; and (iii) a short description of the substance of the communication. This writing must be posted publicly by the executive department or agency on its recovery website within 3 business days of the communication.

(e) Upon the scheduling of, and again at the outset of, any oral communications with any person or entity concerning general Recovery Act policy issues, an executive department or agency official shall inquire whether any of the individuals or parties appearing or communicating concerning such issues is a lobbyist registered under the Lobbying Disclosure Act. If so, the official shall comply with paragraph (d) above.

I like it (though I expect big money is already inventing a new way around registering as lobbyists).

So how do we get a memo like this for Read more →

President Obama Warns Americans about Threat from Financial Terrorists

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I first suggested that AIG’s masters of the universe had strapped themselves in semtex-lined vests in this post. I then noted that they had issued further threats on the pages of the WaPo.

Apparently, Obama has noticed the semtex-lined vests, too.

But today, President Obama took that rhetoric in a different direction. He actually upped the ante explaining that AIG is like a suicide bomber.

“We had to step in, it was the right thing to do, even though it is infuriating,” Obama said, explaining why the government needed to bail out the troubled banks.

“The same is true with AIG,” he said. “It was the right thing to do to step in. Here’s the problem. It’s almost like they’ve got — they’ve got a bomb strapped to them and they’ve got their hand on the trigger. You don’t want them to blow up. But you’ve got to kind of talk them, ease that finger off the trigger.”

Thing is, I’m not really sure we’re making any progress at talking them out of their terrorist attack, and I’m not convinced the terrorists have full control over whether or not their vests go off.