Compromise: Torture Now Legal

So it's legal analysis of the Bush-McCain War Crimes Legalization Act you want? Then why are you reading my site? Check out Marty Lederman's take which is, basically, that this is bad. New York Times editorial page says it's bad. Washington Post editorial page says it's bad. In other words, this is bad. McCain, Warner, and Graham sold out.

Which reminds me of an aphorism that I've heard various attributed to several figures from the Clinton White House -- "When someone comes to me with a plan that involves the moderate Republicans holding their ground, I tell them: 'bring me another plan.'" Sometimes, it winds up being the only plan you've got, but that way lies disappointment.

Comments

I am deeply (though provisionally) angered by this apparent sell-out. But unless the Democrats are prepared to hang tough and continue opposing torture without McCain et al., then McCain still gets to pretend he's Maverick Independence incarnated in human form.

How might Powell and all of the other former joint chiefs react to this, if at all? It seems like there should be a whole lot more players in this game than just those three guys and the White House, and if those three guys sold themselves out while everyone else holds firm--well, that would be amusing.

Posted by: Consumatopia on September 22, 2006 09:27 AM

There is too much at stake for the 'moderate' Republicans not to have folded in this instance. Two particulars: (a) McCain in 2008. (b) The unending and unbounded need to look 'tough'.

Posted by: Robert the Red on September 22, 2006 09:43 AM

So if it's such an unambiguously bad cake, why is it such a politically bad thing for the Democrats not to have participated in baking it?

Posted by: neil on September 22, 2006 10:12 AM

What is amusing in a grim sort of way about this "compromise" is that the Administration and its supporters have argued that what they seek is "clarity," pretending that the real problem wasn't that the "alternative interrogation techniques" clearly violated the Geneva Conventions and were war crimes.

And now they'll all babble away about how wonderful this purposefully opaque "compromise" is.

Posted by: ostap on September 22, 2006 10:14 AM

So if it's such an unambiguously bad cake, why is it such a politically bad thing for the Democrats not to have participated in baking it?

Because if the Democrats won't even get in the kitchen themselves, we're not going to have anything else to eat.

Posted by: Steve on September 22, 2006 10:38 AM

Ostap - I thought that the rules to be published in the Federal Register are supposed to remove the opacity. Am I wrong about that? I fear I haven't grasped all the nuances of the agreement yet.

In any case, the Dems can no longer hide behind McCain's skirt (wasn't that the phrase MY used?). Will there be a filibuster?

Posted by: Al on September 22, 2006 10:39 AM

We need a "good" coup.

Posted by: crack on September 22, 2006 10:39 AM

If the Democrats are smart, they'll take the cake out of the oven and be in charge of applying the buttery-rich icing. There's still time. Bottom line: Bush is willing to enshrine torture into U.S. law as a way to paper over his own earlier disastrous decisionmaking on the issue. That's called covering your ass and it's not a very manly thing to be caught doing.

Posted by: fnook on September 22, 2006 10:42 AM

The most amazing thing about today's coverage of the "compromise" was the surreal juxtaposition of the NYT front-page story and the editorial. The news story cast it as a big win for McCain-Warner-Graham while the editorial portrayed it -- accurately -- as a huge sell out. I realize that there's a firewall between the newsroom and editorial opinion, but shouldn't they at least be on the same planet?

Posted by: mert7878 on September 22, 2006 11:11 AM

al, you're absolutely right: what the dems should do is filibuster this national disgrace. but, of course, there are plenty of sell-outs in the dem senate.

indeed, a filibuster was always the only chance, because the house gop will pass some awful bill and the conference committee will, amazingly enough, use the house version and ignore whatever it doesn't like about the senate one, as the white house has already foreshadowed.

Posted by: howard on September 22, 2006 11:32 AM

I've got to hand it to the Democrats. The strategy of allowing the Republicans to "thrash out" their differences on the treatment and prosecution of detainees has played out exactly as planned...for the Republicans. Don't let anyone convince you that you can go to the well too often...that is if you are a Republican and your opponent is a fully inept Democratic Party.

Amidst a trend of favorable polling data and a firestorm of speeches by the President to refocus the voting public on their fear of terrorism, the Democrats stood in the background for the past two weeks and watched what the GOP will call the difficult work of creating legislation that preserves our commitment to civil liberties while at the same time providing our determined President with the essential tools needed to pursue those who seek to kill us all.

OK, perhaps I'm being too harsh. There is a possibility that in the past two weeks the Democrats were able to devise their sixth iteration of a campaign slogan and strategy to roll out with less than 50 days to the election. Perhaps they could call it "Fifty States, Fifty Days...But Never Fifty Percent"! It's catchy, it's succinct, and it may well be accurate come November 8th. Arrgghh!

Read more here:

www.thoughttheater.com

Posted by: Daniel DiRito on September 22, 2006 11:37 AM

Hmmm. How do you square all the comments above with the statement by Nancy Pelosi after the compromise that the Senate had won and that Bush had lost? On CNN yesterday, I believe, or on MSNBC.

Posted by: daveinboca on September 22, 2006 11:40 AM

Hope all's well in Boca dave. Here's one way to square things: Nancy Pelosi doesn't know what she's talking about and the commenters above do.

Posted by: fnook on September 22, 2006 12:37 PM

The cake stinks, and is also ex post facto. IANAL, but isn't the Bush regime still guilty of past law breaking, even if from now on he get's a get-ot-of-jail free pass from his "rebel" Republican buddies?

Posted by: John I on September 22, 2006 01:30 PM

Given their track record of duplicity, no one should trust McCain and some of the other top republicans who make a lot of noise as a self-aggrendizing propaganda ad to dupe the public and then do just the opposite. May be this is how the GOP operates now. Get publicity from the corporate media and then make a quick turn around.

Posted by: kevin99999 on September 23, 2006 01:04 PM

I've got to hand it to the Democrats. The strategy of allowing the Republicans to "thrash out" their differences on the treatment and prosecution of detainees has played out exactly as planned...for the Republicans. Don't let anyone convince you that you can go to the well too often...that is if you are a Republican and your opponent is a fully inept Democratic Party.

Amidst a trend of favorable polling data and a firestorm of speeches by the President to refocus the voting public on their fear of terrorism, the Democrats stood in the background for the past two weeks and watched what the GOP will call the difficult work of creating legislation that preserves our commitment to civil liberties while at the same time providing our determined President with the essential tools needed to pursue those who seek to kill us all.

OK, perhaps I'm being too harsh. There is a possibility that in the past two weeks the Democrats were able to devise their sixth iteration of a campaign slogan and strategy to roll out with less than 50 days to the election. Perhaps they could call it "Fifty States, Fifty Days...But Never Fifty Percent"! It's catchy, it's succinct, and it may well be accurate come November 8th. Arrgghh!

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