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Above email address currently deprecated! Use gary underscore farber at yahoodotcom, pliz! Sanely free of McCarthyite calling anyone a traitor since 2001!
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I've a long record in editorial work in book and magazine publishing, starting 1974, a variety of other work experience, but have been, since 2001, recurringly housebound with insanely painful sporadic and unpredictably variable gout and edema, and in the past, other ailments; the future? The Great Unknown: isn't it for all of us?
I'm currently house/cat-sitting, not on any government aid yet (or mostly ever), often in major chronic pain from gout and edema, which variably can leave me unable to walk, including just standing, but sometimes is better, and is freaking unpredictable at present; I also have major chronic depression and anxiety disorders; I'm currently supported mostly by your blog donations/subscriptions; you can help me. I prefer to spread out the load, and lessen it from the few who have been doing more than their fair share for too long.
Thanks for any understanding and support. I know it's difficult to understand. And things will change. They always change.
I'm sometimes available to some degree as a paid writer, editor, researcher, or proofreader. I'm sometimes available as a fill-in Guest Blogger at mid-to-high-traffic blogs that fit my knowledge set.
If you like my blog, and would like to help me continue to afford food and prescriptions, or simply enjoy my blogging and writing, and would like to support it --
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"The brain is wider than the sky, For, put them side by side,
The one the other will include With ease, and you beside"
-- Emily Dickinson
"We will pursue peace as if there is no terrorism and fight terrorism as if there is no peace."
-- Yitzhak Rabin
"I have thought it my duty to exhibit things as they are, not as they ought to be."
-- Alexander Hamilton
"The stakes are too high for government to be a spectator sport."
-- Barbara Jordan
"Under democracy, one party always devotes its chief energies to
trying to prove that the other party is unfit to rule --
and both commonly succeed, and are right."
-- H. L. Mencken
"Necessity is the plea for every infringement of human freedom.
It is the argument of tyrants; it is the creed of slaves."
-- William Pitt
"The only completely consistent people are the dead."
-- Aldous Huxley
"I have had my solutions for a long time; but I do not yet know how I am to arrive at them."
-- Karl F. Gauss
"Whatever evils either reason or declamation have imputed to extensive empire,
the power of Rome was attended with some beneficial consequences to mankind;
and the same freedom of intercourse which extended the vices, diffused likewise
the improvements of social life."
-- Edward Gibbon
"Augustus was sensible that mankind is governed by names; nor was he deceived in his
expectation, that the senate and people would submit to slavery, provided they were
respectfully assured that they still enjoyed their ancient freedom."
-- Edward Gibbon
"There exists in human nature a strong propensity to depreciate the advantages, and to magnify
the evils, of the present times."
-- Edward Gibbon
"Our youth now loves luxuries. They have bad manners, contempt for authority.
They show disrespect for elders and they
love to chatter instead of exercise.
Children are now tyrants, not the servants, of their households. They
no longer rise when elders enter the room. They contradict their parents,
chatter before company, gobble up their food, and tyrannize
"Before impugning an opponent's motives, even when they legitimately may be impugned, answer his arguments."
-- Sidney Hook
"Idealism, alas, does not protect one from ignorance, dogmatism, and foolishness."
-- Sidney Hook
"Let me never fall into the vulgar mistake of dreaming that I am persecuted whenever I am contradicted."
-- Ralph Waldo Emerson
"We take, and must continue to take, morally hazardous actions to preserve our civilization.
We must exercise our power. But we ought neither to believe that a nation is capable of perfect
disinterestedness in its exercise, nor become complacent about particular degrees of interest
and passion which corrupt the justice by which the exercise of power is legitimized."
-- Reinhold Niebuhr
"Faced with the choice of all the land without a Jewish state or a Jewish state without all the
land, we chose a Jewish state without all the land."
-- David Ben-Gurion
"...the proscribing any citizen as unworthy the public confidence by laying upon him
an incapacity of being called to offices of trust and emolument, unless he profess or renounce this
or that religious opinion, is depriving him injuriously of those privileges and advantages
to which, in common with his fellow citizens, he has a natural right; that it tends also
to corrupt the principles of that very religion it is meant to encourage, by bribing,
with a monopoly of worldly honours and emoluments, those who will externally profess
and conform to it;[...] that the opinions of men are not the object of civil government, nor under its jurisdiction; that to suffer the civil magistrate to intrude his powers into the field of opinion
and to restrain the profession or propagation of principles on supposition of their ill tendency is a dangerous fallacy, which at once destroys all religious liberty....
-- Virginia Statute for Religious Freedom, Thomas Jefferson
"We don't live just by ideas. Ideas are part of the mixture of customs and practices,
intuitions and instincts that make human life a conscious activity susceptible to
improvement or debasement. A radical idea may be healthy as a provocation;
a temperate idea may be stultifying. It depends on the circumstances. One of the most
tiresome arguments against ideas is that their 'tendency' is to some dire condition --
to totalitarianism, or to moral relativism, or to a war of all against all."
-- Louis Menand
"The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis."
-- Dante Alighieri
"He too serves a certain purpose who only stands and cheers."
-- Henry B. Adams
"The law, in its majestic equality, forbids the rich as well as the
poor to beg in the streets, steal bread, or sleep under a bridge."
-- Anatole France
"When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle."
-- Edmund Burke
"Education does not mean that we have become certified experts in business or mining or botany or journalism or epistemology;
it means that through the absorption of the moral, intellectual, and esthetic inheritance of the race we have come to
understand and control ourselves as well as the external world; that we have chosen the best as our associates both in spirit
and the flesh; that we have learned to add courtesy to culture, wisdom to knowledge, and forgiveness to understanding."
-- Will Durant
"Glimpses do ye seem to see of that mortally intolerable truth; that all deep, earnest thinking is
but the intrepid effort of the soul to keep the open independence of her sea; while the wildest
winds of heaven and earth conspire to cast her on the treacherous, slavish shore?"
-- Herman Melville
"The most important political office is that of the private citizen."
-- Louis D. Brandeis
"If we desire respect for the law, we must first make the law respectable."
-- Louis D. Brandeis
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both."
-- Louis D. Brandeis
"It is an error to suppose that books have no influence; it is a slow influence, like flowing water carving out a canyon,
but it tells more and more with every year; and no one can pass an hour a day in the society of sages and heroes without
being lifted up a notch or two by the company he has kept."
-- Will Durant
"When you write, you’re trying to transpose what you’re thinking into something that is less like an annoying drone and more like a piece of music."
-- Louis Menand
"Sex is a continuum."
-- Gore Vidal
"I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should
make no law respecting an establishment of religion, or prohibit the free exercise thereof, thus building a wall of separation between church and state."
-- Thomas Jefferson, letter to the Baptists of Danbury, Connecticut, 1802.
"The sum of our religion is peace and unanimity, but these can scarcely stand unless we define as little as possible,
and in many things leave one free to follow his own judgment, because there is great obscurity in many matters, and
man suffers from this almost congenital disease that he will not give in when once a controversy is started, and
after he is heated he regards as absolutely true that which he began to sponsor quite casually...."
-- Desiderius Erasmus
"Are we to have a censor whose imprimatur shall say what books may be sold, and what we may buy? And who is thus to dogmatize religious opinions for our citizens? Whose foot is to be the measure to which ours are all to be cut or stretched? Is a priest to be our inquisitor, or shall a layman, simple as ourselves, set up his reason as the rule of what we are to read, and what we must disbelieve?"
-- Thomas Jefferson, in a letter to N. G. Dufief, Philadelphia bookseller, 1814
"We are told that it is only people's objective actions that matter, and their subjective feelings are of no importance. Thus pacifists, by obstructing the war effort,
are 'objectively' aiding the Nazis; and therefore the fact that they may be personally hostile to Fascism is irrelevant. I have been guilty of saying this myself more than once. The same argument is applied to Trotskyism. Trotskyists are often credited, at any rate by Communists, with being active and conscious agents of Hitler; but when you point out the many and obvious reasons why this is unlikely to be true,
the 'objectively' line of talk is brought forward again. To criticize the Soviet Union helps Hitler: therefore 'Trotskyism is Fascism'. And when this has been established, the accusation of conscious treachery is usually repeated.
This is not only dishonest; it also carries a severe penalty with it. If you disregard people's motives, it becomes much harder to foresee their actions."
-- George Orwell, "As I Please," Tribune, 8 December 1944
"Wouldn't this be a great world if insecurity and desperation made us more attractive? If 'needy' were a turn-on?"
-- "Aaron Altman," Broadcast News
"The great thing about human language is that it prevents us from sticking to the matter at hand."
-- Lewis Thomas
"To be ignorant of what happened before you were born is to be ever a child. For what is man's lifetime unless the memory of past events is woven with those of earlier times?"
"Knowledge is of two kinds. We know a subject ourselves, or we know where we can find information upon it."
-- Samuel Johnson, Life Of Johnson
"Very well, what did my critics say in attacking my character? I must read out their affidavit, so to speak, as though they were my legal accusers: Socrates is guilty of criminal meddling, in that he inquires into things below the earth and in the sky, and makes the weaker argument defeat the stronger, and teaches others to follow his example."
-- Socrates, via Plato, The Republic
"Every gun that is made, every warship launched, every rocket fired, represents, in the final analysis, a theft from those who hunger and are not fed, who are cold and are not clothed. This world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hopes of its children."
-- Dwight D. Eisenhower
"The term, then, is obviously a relative one; my pedantry is your scholarship, his reasonable accuracy, her irreducible minimum of education, & someone else's ignorance."
-- H. W. Fowler
"Rules exist for good reasons, and in any art form the beginner must learn them and understand what they are for, then follow them for quite a while. A visual artist, pianist, dancer, fiction writer, all beginning artists are in the same boat here: learn the rules, understand them, follow them. It's called an apprenticeship. A mediocre artist never stops following the rules, slavishly follows guidelines, and seldom rises above mediocrity. An accomplished artist internalizes the rules to the point where they don't have to be consciously considered. After you've put in the time it takes to learn to swim, you never stop to think: now I move my arm, kick, raise my head, breathe. You just do it. The accomplished artist knows what the rules mean, how to use them, dodge them, ignore them altogether, or break them. This may be a wholly unconscious process of assimilation, one never articulated, but it has taken place."
-- Kate Wilhelm
"The most beautiful experience we can have is the mysterious. It is the fundamental emotion that stands at the cradle of true art and true science. Whoever does not know it and can no longer wonder, no longer marvel, is as good as dead, and his eyes are dimmed."
-- Albert Einstein
"The decisive moment in human evolution is perpetual."
-- Franz Kafka, Aphorisms
"All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better."
-- Samuel Beckett, Worstward Ho
"First they ignore you. Then they ridicule you. And then they attack you and want to burn you. And then they build monuments to you."
-- Nicholas Klein, May, 1919, to the Third Biennial Convention of the Amalgamated Clothing Workers of America (misattributed to Mohandas Karamchand Gandhi, 1914 & variants).
"Our credulity is a part of the imperfection of our natures. It is inherent in us to desire to generalize, when we ought, on the contrary, to guard ourselves very carefully from this tendency."
-- Napoleon I of France.
"The truth is, men are very hard to know, and yet, not to be deceived, we must judge them by their present actions, but for the present only."
-- Napoleon I of France.
"The barbarous custom of having men beaten who are suspected of having important secrets to reveal must be abolished. It has always been recognized that this way of interrogating men, by putting them to torture, produces nothing worthwhile. The poor wretches say anything that comes into their mind and what they think the interrogator wishes to know."
-- On the subject of torture, in a letter to Louis Alexandre Berthier (11 November 1798), published in Correspondance Napoleon edited by Henri Plon (1861), Vol. V, No. 3606, p. 128
"All living souls welcome whatever they are ready to cope with; all else they ignore, or pronounce to be monstrous and wrong, or deny to be possible."
-- George Santayana, Dialogues in Limbo (1926)
"If you should put even a little on a little, and should do this often, soon this too would become big."
-- Hesiod, Work And Days
"Your Honor, years ago I recognized my kinship with all living beings, and I made up my mind that I was not one bit better than the meanest on earth. I said then, and I say now, that while there is a lower class, I am in it, and while there is a criminal element I am of it, and while there is a soul in prison, I am not free."
-- Eugene V. Debs
"Reputation is what other people know about you. Honor is what you know about yourself."
-- Lois McMaster Bujold, A Civil Campaign
"All that we have to do is to send two mujahidin to the furthest point east to raise a piece of cloth on which is written "al-Qaida," in order to make the generals race there to cause America to suffer human, economic, and political losses without their achieving for it anything of note other than some benefits for their private companies."
-- Osama bin Laden
"Remember, Robin: evil is a pretty bad thing."
Gary Farber is now a licensed Quintuple Super-Sekrit Multi-dimensional Master Pundit.
He does not always refer to himself in the third person.
He is presently single.
The gefilte fish is dead. Donate via the donation button on the top left or I'll shoot this cutepanda. Don't you lovepandas?
Current Total # of Donations Since 2002: 1181
Subscribers to date at $5/month: 100 sign-ups; 91 cancellations; Total= 9
Supporter subscribers to date at $25/month: 16 sign-ups; 10 cancellation; Total= 6
Patron subscribers to date at $50/month: 20 sign-ups; 13 cancellations; Total= 7
...writer[s] I find myself checking out repeatedly when I'm in the mood to play follow-the-links. They're not all people I agree with all the time, or even most of the time, but I've found them all to be thoughtful writers, and that's the important thing, or should be.
-- Tom Tomorrow
I bow before the shrillitudinousness of Gary Farber, who has been blogging like a fiend.
-- Ted Barlow, Crooked Timber
Favorite.... [...] ...all great stuff. [...] Gary Farber should never be without readers.
I usually read you and Patrick several times a day, and I always get something from them. You've got great links, intellectually honest commentary, and a sense of humor. What's not to like?
-- Ted Barlow
One of my issues with many poli-blogs is the dickhead tone so many bloggers affect to express their sense of righteous indignation. Gary Farber's thoughtful leftie takes on the world stand in sharp contrast with the usual rhetorical bullying. Plus, he likes "Pogo," which clearly attests to his unassaultable good taste.
Jaysus. I saw him do something like this before, on a thread about Israel. It was pretty brutal. It's like watching one of those old WWF wrestlers grab an opponent's
face and grind away until the guy starts crying. I mean that in a nice & admiring way, you know.
-- Fontana Labs, Unfogged
We read you Gary Farber! We read you all the time! Its just that we are lazy with our blogroll. We are so very very lazy. We are always the last ones to the party but we always have snazzy bow ties.
-- Fafnir, Fafblog!
Gary Farber you are a genius of mad scientist proportions. I will bet there are like huge brains growin in jars all over your house.
-- Fafnir, Fafblog!
Gary Farber is the hardest working man in show blog business. He's like a young Gene Hackman blogging with his hair on fire, or something.
-- Belle Waring, John & Belle Have A Blog
Gary Farber only has two blogging modes: not at all, and 20 billion interesting posts a day [...] someone on the interweb whose opinions I can trust....
-- Belle Waring, John & Belle Have A Blog
Isn't Gary a cracking blogger, apropos of nothing in particular?
-- Alison Scott
Gary Farber takes me to task, in a way befitting the gentleman he is.
-- Stephen Green, Vodkapundit
My friend Gary Farber at Amygdala is the sort of liberal for whom I happily give three cheers. [...] Damned incisive blogging....
-- Midwest Conservative Journal
If I ever start a paper, Clueless writes the foreign affairs column, Layne handles the city beat, Welch has the roving-reporter job, Tom Tomorrow runs the comic section (which carries Treacher, of course). MediaMinded runs the slots - that's the type of editor I want as the last line of defense. InstantMan runs the edit page - and you can forget about your Ivins and Wills and Friedmans and Teepens on the edit page - it's all Blair, VodkaP, C. Johnson, Aspara, Farber, Galt, and a dozen other worthies, with Justin 'I am smoking in such a provocative fashion' Raimondo tossed in for balance and comic relief.
Who wouldn't buy that paper? Who wouldn't want to read it? Who wouldn't climb over their mother to be in it?
-- James Lileks
I do appreciate your role and the role of Amygdala as a pioneering effort in the integration of fanwriters with social conscience into the larger blogosphere of social conscience.
-- Lenny Bailes
Every single post in that part of Amygdala visible on my screen is either funny or bracing or important. Is it always like this? -- Natalie Solent
People I've known and still miss include Isaac Asimov, rich brown, Charles Burbee, F. M. "Buzz" Busby, Terry Carr, A. Vincent Clarke, Bob Doyle, George Alec Effinger, Abi Frost,
Bill & Sherry Fesselmeyer, George Flynn, John Milo "Mike" Ford. John Foyster, Mike Glicksohn, Jay Haldeman, Neith Hammond (Asenath Katrina Hammond)/DominEditrix , Chuch Harris, Mike Hinge, Lee Hoffman, Terry Hughes, Damon Knight, Ross Pavlac, Bruce Pelz, Elmer Perdue, Tom Perry,
Larry Propp, Bill Rotsler, Art Saha, Bob Shaw, Martin Smith, Harry Stubbs, Bob Tucker, Harry Warner, Jr., Jack Williamson, Walter A. Willis, Susan Wood, Kate Worley, and Roger Zelazny.
It's just a start, it only gets longer, many are unintentionally left out.
And She of whom I must write someday.
ALBERTO J. MORA. Jane Mayer has yet another in her stream of essential New Yorker articles today.
One document, which is marked “secret” but is not classified, is a twenty-two-page memo written by Mora. It shows that three years ago Mora tried to halt what he saw as a disastrous and unlawful policy of authorizing cruelty toward terror suspects.
The memo is a chronological account, submitted on July 7, 2004, to Vice Admiral Albert Church, who led a Pentagon investigation into abuses at the U.S. detention facility at Guantánamo Bay, Cuba. It reveals that Mora’s criticisms of Administration policy were unequivocal, wide-ranging, and persistent. Well before the exposure of prisoner abuse in Iraq’s Abu Ghraib prison, in April, 2004, Mora warned his superiors at the Pentagon about the consequences of President Bush’s decision, in February, 2002, to circumvent the Geneva conventions, which prohibit both torture and “outrages upon personal dignity, in particular humiliating and degrading treatment.” He argued that a refusal to outlaw cruelty toward U.S.-held terrorist suspects was an implicit invitation to abuse. Mora also challenged the legal framework that the Bush Administration has constructed to justify an expansion of executive power, in matters ranging from interrogations to wiretapping. He described as “unlawful,” “dangerous,” and “erroneous” novel legal theories granting the President the right to authorize abuse. Mora warned that these precepts could leave U.S. personnel open to criminal prosecution.
Mora and the official both declined to elaborate on internal Department of Defense matters beyond those addressed in the memo. Mora, a courtly and warm man, is a cautious, cerebral conservative who admired President Reagan and served in both the first and the second Bush Administrations as a political appointee. He strongly supported the Administration’s war on terror, including the invasion of Iraq, and he revered the Navy. He stressed that his only reason for commenting at all was his concern that the Administration was continuing to pursue a dangerous course. “It’s my Administration, too,” he said.
Mora first learned about the problem of detainee abuse on December 17, 2002, when David Brant approached him with accusations of wrongdoing at Guantánamo. As head of the Naval Criminal Investigation Service, Brant often reported to Mora but hadn’t dealt with him on anything so sensitive. “I wasn’t sure how he would react,” Brant, a tall, thin man with a mustache, told me. Brant had already conveyed the allegations to Army leaders, since they had command authority over the military interrogators, and to the Air Force, but he said that nobody seemed to care.
Brant informed Mora that he was disturbed by what his agents told him about the conduct of military-intelligence interrogators at Guantánamo. These officials seemed poorly trained, Brant said, and were frustrated by their lack of success. He had been told that the interrogators were engaging in escalating levels of physical and psychological abuse. Speaking of the tactics that he had heard about, Brant told me, “Repugnant would be a good term to describe them.”
Recently declassified e-mails and orders obtained by the American Civil Liberties Union document Brant’s position, showing that all C.I.T.F. personnel were ordered to “stand clear and report” any abusive interrogation tactics.
Brant thinks that the Army’s interrogation of Qahtani was unlawful. If an N.C.I.S. agent had engaged in such abuse, he said, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant said he feared that such methods would taint the cases his agents needed to make against the detainees, undermining any attempts to prosecute them in a court of law. He also doubted the reliability of forced confessions. Moreover, he told me, “it just ain’t right.”
Another military official, who worked closely with Brant and who has been denied permission to speak on the record, told me that the news “rocked” Mora. The official added that Mora “was visionary about this. He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.”
In his memo, Mora noted that Brant asked him if he wanted to hear more about the situation. He wrote, “I responded that I felt I had to.”
Mora was shocked when Brant told him that the abuse wasn’t “rogue activity” but was “rumored to have been authorized at a high level in Washington.” The mood in the room, Mora wrote, was one of “dismay.” He added, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora told me, “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.”
Mora thinks that the media has focussed too narrowly on allegations of U.S.-sanctioned torture. As he sees it, the authorization of cruelty is equally pernicious. “To my mind, there’s no moral or practical distinction,” he told me. “If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole notion of individual rights. The Constitution recognizes that man has an inherent right, not bestowed by the state or laws, to personal dignity, including the right to be free of cruelty. It applies to all human beings, not just in America—even those designated as ‘unlawful enemy combatants.’ If you make this exception, the whole Constitution crumbles. It’s a transformative issue.”
Mora said that he did not fear reprisal for stating his opposition to the Administration’s emerging policy. “It never crossed my mind,” he said. “Besides, my mother would have killed me if I hadn’t spoken up. No Hungarian after Communism, or Cuban after Castro, is not aware that human rights are incompatible with cruelty.” He added, “The debate here isn’t only how to protect the country. It’s how to protect our values.”
After the second meeting with Brant, Mora called his friend Steven Morello, the general counsel of the Army, and asked him if he knew anything about the abuse of prisoners at Guantánamo. Mora said that Morello answered, “I know a lot about it. Come on down.”
In Morello’s office, Mora saw what he now refers to as “the package”—a collection of secret military documents that traced the origins of the coercive interrogation policy at Guantánamo. It began on October 11, 2002, with a request by J.T.F.-170’s commander, Major General Michael Dunlavey, to make interrogations more aggressive. A few weeks later, Major General Geoffrey Miller assumed command of Guantánamo Bay, and, on the assumption that prisoners like Qahtani had been trained by Al Qaeda to resist questioning, he pushed his superiors hard for more flexibility in interrogations. On December 2nd, Secretary of Defense Rumsfeld gave formal approval for the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive tactics ordinarily forbidden by the Army Field Manual. (However, he reserved judgment on other methods, including “waterboarding,” a form of simulated drowning.) In Mora’s memo, Morello is quoted as saying that “we tried to stop it.” But he was told not to ask questions.
According to a participant in the meeting, Mora was “ashen-faced” when he read the package. The documents included a legal analysis, also dated October 11th, by Lieutenant Colonel Diane Beaver, who was then the top legal adviser to J.T.F.-170. She noted that some of the more brutal “counter-resistance” techniques under consideration at Guantánamo, such as waterboarding (for which soldiers had been court-martialled in earlier conflicts), might present legal problems. She acknowledged that American military personnel at Guantánamo, as everywhere else in the world, were bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assault” as felonies. Beaver reasoned, however, that U.S. soldiers preparing to violate these laws in their interrogations might be able to obtain “permission, or immunity” from higher authorities “in advance.”
The senior Defense Department official designated to speak for the Administration acknowledged that Beaver’s legal argument was inventive. “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify,” he said. “I don’t know whether we’ve ever faced the question of immunity in advance before.” Nevertheless, the official praised Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” (Beaver was later promoted to the staff of the Pentagon’s Office of General Counsel, where she specializes in detainee issues.)
Mora was less impressed. Beaver’s brief, his memo says, “was a wholly inadequate analysis of the law.” It held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantánamo detainees with near impunity”; in his view, such acts were unlawful. Rumsfeld’s December 2nd memo approving these “counter-resistance” techniques, Mora wrote, “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld drew any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. He believed that such rhetorical laxity “could produce effects reaching the level of torture,” which was prohibited, without exception, under both U.S. and international law. Mora took his concerns to Gordon England, the Secretary of the Navy, who is now the Deputy Secretary of Defense. Then, on December 20th, with England’s authorization, Mora went to William Haynes, the Pentagon’s general counsel; they met in Haynes’s office, an elegant suite behind vault-like metal doors.
In confronting Haynes, Mora was engaging not just the Pentagon but also the Vice-President’s office. Haynes is a protégé of Cheney’s influential chief of staff, David Addington.
Once David Addington enters the story, you know the rest from there.
[...] Lawrence Wilkerson, whom Powell assigned to monitor this unorthodox policymaking process, told NPR last fall of “an audit trail that ran from the Vice-President’s office and the Secretary of Defense down through the commanders in the field.” When I spoke to him recently, he said, “I saw what was discussed. I saw it in spades. From Addington to the other lawyers at the White House. They said the President of the United States can do what he damn well pleases. People were arguing for a new interpretation of the Constitution. It negates Article One, Section Eight, that lays out all of the powers of Congress, including the right to declare war, raise militias, make laws, and oversee the common defense of the nation.” Cheney’s view, Wilkerson suggested, was fuelled by his desire to achieve a state of “perfect security.” He said, “I can’t fault the man for wanting to keep America safe, but he’ll corrupt the whole country to save it.” (Wilkerson left the State Department with Powell, in January, 2005.)
Mora suspected that such abuse was a deliberate policy, and widened his internal campaign in the hope of building a constituency against it. In the next few days, his arguments reached many of the Pentagon’s top figures: Deputy Secretary of Defense Paul Wolfowitz; Captain Jane Dalton, the legal adviser to the Joint Chiefs of Staff; Victoria Clarke, who was then the Pentagon spokeswoman; and Rumsfeld.
Meanwhile, on January 9, 2003, Mora had a second meeting with Haynes. According to Mora’s memo, when he told him how disappointed he was that nothing had been done to end the abuse at Guantánamo, Haynes explained that “U.S. officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the U.S. and save American lives. Mora acknowledged that he could imagine “ticking bomb” scenarios, in which it might be moral—though still not legal—to torture a suspect. But, he asked Haynes, how many lives had to be saved to justify torture? Thousands? Hundreds? Where do you draw the line? To decide this question, shouldn’t there be a public debate?
Mora said he doubted that Guantánamo presented such an urgent ethical scenario in any event, since most of the detainees had been held there for more than a year. He also warned Haynes that the legal opinions the Administration was counting on to protect itself might not withstand scrutiny—such as the notion that Guantánamo was beyond the reach of U.S. courts. (Mora was later proved right: in June, 2004, the Supreme Court, in Rasul v. Bush, ruled against the Administration’s argument that detainees had no right to challenge their imprisonment in American courts. That month, in a related case, Justice Sandra Day O’Connor declared that “a state of war is not a blank check for the President.”)
Mora told Haynes that, if the Pentagon’s theories of indemnity didn’t hold up in the courts, criminal charges conceivably could be filed against Administration officials. He added that the interrogation policies could threaten Rumsfeld’s tenure, and could even damage the Presidency. “Protect your client!” he said.
By the end of the day, Haynes called Mora with good news. Rumsfeld was suspending his authorization of the disputed interrogation techniques. The Defense Secretary also was authorizing a special “working group” of a few dozen lawyers, from all branches of the armed services, including Mora, to develop new interrogation guidelines.
Mora, elated, went home to his wife and son, with whom he had felt bound not to discuss his battle. He and the other lawyers in the working group began to meet and debated the constitutionality and effectiveness of various interrogation techniques. He felt, he later told me, that “no one would ever learn about the best thing I’d ever done in my life.”
A week later, Mora was shown a lengthy classified document that negated almost every argument he had made. Haynes had outflanked him. He had solicited a separate, overarching opinion from the Office of Legal Counsel, at the Justice Department, on the legality of harsh military interrogations—effectively superseding the working group.
There was only one copy of the opinion, and it was kept in the office of the Air Force’s general counsel, Mary Walker, whom Rumsfeld had appointed to head the working group. While Walker sat at her desk, Mora looked at the document with mounting disbelief; at first, he thought he had misread it. There was no language prohibiting the cruel, degrading, and inhuman treatment of detainees. Mora told me that the opinion was sophisticated but displayed “catastrophically poor legal reasoning.” In his view, it approached the level of the notorious Supreme Court decision in Korematsu v. United States, in 1944, which upheld the government’s internment of Japanese-Americans during the Second World War.
The author of the opinion was John Yoo, a young and unusually influential lawyer in the Administration, who, like Haynes, was part of Addington’s circle.
Yeah, we know the story after John Yoo enters, too.
[...] On February 6th, Mora invited Yoo to his office, in the Pentagon, to discuss the opinion. Mora asked him, “Are you saying the President has the authority to order torture?”
“Yes,” Yoo replied.
“I don’t think so,” Mora said.
“I’m not talking policy,” Yoo said. “I’m just talking about the law.”
“Well, where are we going to have the policy discussion, then?” Mora asked.
Mora wrote that Yoo replied that he didn’t know; maybe, he suggested, it would take place inside the Pentagon, where the defense-policy experts were. (Yoo said that he recalled discussing only how the policy issues should be debated, and where. Torture, he said, was not an option under consideration.)
But Mora knew that there would be no such discussion; as the Administration saw it, the question would be settled by Yoo’s opinion. Indeed, Mora soon realized that, under the supervision of Mary Walker, a draft working-group report was being written to conform with Yoo’s arguments. Mora wrote in his memo that contributions from the working group “began to be rejected if they did not conform to the OLC”—Office of Legal Counsel—“guidance.”
The draft working-group report noted that the Uniform Code of Military Justice barred “maltreatment” but said, “Legal doctrine could render specific conduct, otherwise criminal, not unlawful.” In an echo of the Torture Memo, it also declared that interrogators could be found guilty of torture only if their “specific intent” was to inflict “severe physical pain or suffering” as evidenced by “prolonged mental harm.” Even then, it said, echoing Yoo, the Commander-in-Chief could order torture if it was a military necessity: “Congress may no more regulate the President’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.”
In the spring of 2003, Mora waited for the final working-group report to emerge, planning to file a strong dissent. But the report never appeared. Mora assumed that the draft based on Yoo’s ideas had not been finalized and that the suspension of the harsh techniques authorized by Rumsfeld was still in effect.
On April 28, 2004, ten months later, the first pictures from Abu Ghraib became public. Mora said, “I felt saddened and dismayed. Everything we had warned against in Guantánamo had happened—but in a different setting. I was stunned.”
He was further taken aback when he learned, while watching Senate hearings on Abu Ghraib on C-SPAN, that Rumsfeld had signed the working-group report—the draft based on Yoo’s opinion—a year earlier, without the knowledge of Mora or any other internal legal critics. Rumsfeld’s signature gave it the weight of a military order. “This was the first I’d heard of it!” Mora told me. Mora wrote that the Air Force’s deputy general counsel, Daniel Ramos, told him that the final working-group report had been “briefed” to General Miller, the commander of Guantánamo, and General James Hill, the head of the Southern Command, months earlier. (The Pentagon confirmed this, though it said that the generals had not seen the full report.) “It was astounding,” Mora said. “Obviously, it meant that the working-group report hadn’t been abandoned, and that some version of it had gotten into the generals’ possession.”
Without Mora’s knowledge, the Pentagon had pursued a secret detention policy. There was one version, enunciated in Haynes’s letter to Leahy, aimed at critics. And there was another, giving the operations officers legal indemnity to engage in cruel interrogations, and, when the Commander-in-Chief deemed it necessary, in torture. Legal critics within the Administration had been allowed to think that they were engaged in a meaningful process; but their deliberations appeared to have been largely an academic exercise, or, worse, a charade.
In exasperation, according to another participant, Mora said that whether the Pentagon enshrined it as official policy or not, the Geneva conventions were already written into both U.S. and international law. Any grave breach of them, at home or abroad, was classified as a war crime. To emphasize his position, he took out a copy of the text of U.S. Code 18.2441, the War Crimes Act, which forbids the violation of Common Article Three, and read from it. The point, Mora told me, was that “it’s a statute. It exists—we’re not free to disregard it. We’re bound by it. It’s been adopted by the Congress. And we’re not the only interpreters of it. Other nations could have U.S. officials arrested.”
Not long afterward, Waxman was summoned to a meeting at the White House with David Addington. Waxman declined to comment on the exchange, but, according to the Times, Addington berated him for arguing that the Geneva conventions should set the standard for detainee treatment. The U.S. needed maximum flexibility, Addington said. Since then, efforts to clarify U.S. detention policy have languished. In December, Waxman left the Pentagon for the State Department.
To date, no charges have been brought against U.S. personnel in Guantánamo. The senior Defense Department official I spoke to affirmed that, in the Pentagon’s view, Qahtani’s interrogation was “within the bounds.”
Many Administration lawyers, he said, appeared to be unaware of history. “I wondered if they were even familiar with the Nuremberg trials—or with the laws of war, or with the Geneva conventions. They cut many of the experts on those areas out. The State Department wasn’t just on the back of the bus—it was left off the bus.” Mora understood that “people were afraid that more 9/11s would happen, so getting the information became the overriding objective. But there was a failure to look more broadly at the ramifications.
“These were enormously hardworking, patriotic individuals,” he said. “When you put together the pieces, it’s all so sad. To preserve flexibility, they were willing to throw away our values.”
That's how it happens. Not because people intend to do evil. But because the ends justifies the means.