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April 26, 2009
The release of the CIA memos
I'm not going to have time to do a proper post on this, but there's no need to when so many others are saying what I think almost exactly. As we all know President Obama has ordered the release of some memos detailing our interrogation of terrorists.
Former Director of the CIA Porter Goss (September 2004 to May 2006) in The Washington Post (h/t The Western Experience)
Since leaving my post as CIA director almost three years ago, I have remained largely silent on the public stage. I am speaking out now because I feel our government has crossed the red line between properly protecting our national security and trying to gain partisan political advantage. We can't have a secret intelligence service if we keep giving away all the secrets. Americans have to decide now.Today, I am slack-jawed to read that members claim to have not understood that the techniques on which they were briefed were to actually be employed; or that specific techniques such as "waterboarding" were never mentioned. It must be hard for most Americans of common sense to imagine how a member of Congress can forget being told about the interrogations of Sept. 11 mastermind Khalid Sheik Mohammed. In that case, though, perhaps it is not amnesia but political expedience.
Let me be clear. It is my recollection that:
-- The chairs and the ranking minority members of the House and Senate intelligence committees, known as the Gang of Four, were briefed that the CIA was holding and interrogating high-value terrorists.
-- We understood what the CIA was doing.
-- We gave the CIA our bipartisan support.
-- We gave the CIA funding to carry out its activities.
-- On a bipartisan basis, we asked if the CIA needed more support from Congress to carry out its mission against al-Qaeda.
I do not recall a single objection from my colleagues. They did not vote to stop authorizing CIA funding. And for those who now reveal filed "memorandums for the record" suggesting concern, real concern should have been expressed immediately -- to the committee chairs, the briefers, the House speaker or minority leader, the CIA director or the president's national security adviser -- and not quietly filed away in case the day came when the political winds shifted.
Another former Director of the CIA, General Michael Hayden (2006 to 2009), along with former Attorney General Michael Mukasky (2007 to 2009), in the Wall Street Journal
The Obama administration has declassified and released opinions of the Justice Department's Office of Legal Counsel (OLC) given in 2005 and earlier that analyze the legality of interrogation techniques authorized for use by the CIA. Those techniques were applied only when expressly permitted by the director, and are described in these opinions in detail, along with their limits and the safeguards applied to them....Proponents of the release have argued that the techniques have been abandoned and thus there is no point in keeping them secret any longer; that they were in any event ineffective; that their disclosure was somehow legally compelled; and that they cost us more in the coin of world opinion than they were worth. None of these claims survives scrutiny....
...public disclosure of the OLC opinions, and thus of the techniques themselves, assures that terrorists are now aware of the absolute limit of what the U.S. government could do to extract information from them, and can supplement their training accordingly and thus diminish the effectiveness of these techniques as they have the ones in the Army Field Manual.
Moreover, disclosure of the details of the program pre-empts the study of the president's task force and assures that the suspension imposed by the president's executive order is effectively permanent. There would be little point in the president authorizing measures whose nature and precise limits have already been disclosed in detail to those whose resolve we hope to overcome....
Disclosure of the techniques is likely to be met by faux outrage, and is perfectly packaged for media consumption. It will also incur the utter contempt of our enemies....
Which brings us to the next of the justifications for disclosing and thus abandoning these measures: that they don't work anyway, and that those who are subjected to them will simply make up information in order to end their ordeal. This ignorant view of how interrogations are conducted is belied by both experience and common sense....
The effect of this disclosure on the morale and effectiveness of many in the intelligence community is not hard to predict. Those charged with the responsibility of gathering potentially lifesaving information from unwilling captives are now told essentially that any legal opinion they get as to the lawfulness of their activity is only as durable as political fashion permits. Even with a seemingly binding opinion in hand, which future CIA operations personnel would take the risk? There would be no wink, no nod, no handshake that would convince them that legal guidance is durable. Any president who wants to apply such techniques without such a binding and durable legal opinion had better be prepared to apply them himself....
Indeed, as Steve Shippert explains, all this is part of Obama's assault on the American warrior.
Wesley Pruden, former Editor in Chief of The Washington Times
We're on unfamiliar ground now. No president before has sought to punish his predecessor for policy decisions, no matter how wrong or wrong-headed. Lyndon B. Johnson's management of the Vietnam War was often ham-handed, as anyone who was there could tell you, and his policy makers sometimes verged on criminal incompetence. But Richard Nixon was never tempted to send LBJ or any of those presidential acolytes to prison. Abraham Lincoln, by his lights, would have had ample opportunity to hang Jefferson Davis and Robert E. Lee, but even the rabid Republicans who survived the assassination stopped short of putting Davis in the dock, finally releasing him from imprisonment at Fort Monroe when judgment overcame lust for revenge. Lee was never touched.
Over the past few days, it seems that Obama has realized that he's opened a can of worms that threatens to get out of control. As Andrew McCarthy explains at National Review, it is unlikely he'll be able to close this Pandora's box.
...as George W. Bush might have warned his successor, anti-American ideologues are emboldened, not mollified, by concessions. The Left doesn't want Bush officials exposed -- they want blood, and anything less than that will be cause for revolt. Simultaneously, Obama has raised the ire of the Right. In his solipsism, the president failed to foresee that the "torture" memos -- memos that, as Rich Lowry shows, in fact document an assiduous effort to avoid torture -- would not support his overblown rhetoric or substantiate the allegations of misconduct raised by politicized leaks from the International Committee of the Red Cross. Critics were not cowed. That, combined with Obama's disingenuous strategy of exposing our tactics while suppressing the trove of intelligence they produced, ensured that the Right would push back aggressively.So now the president has chaos on his hands and no one but himself to blame for it. From the Left's perspective, he has validated their war-crimes allegations. You can't expect to do that and then just say, "never mind." Senator Leahy was already agitating for an accounting before Obama's high-wire act, as was the ACLU. Obama opened the door to prosecutions only 48 hours after his chief of staff assured a national television audience that there would be no prosecutions; having proved it can push around the weak-willed president, the Left is not going away.
Neither are Obama's political opponents on the right. Many of us spent years frustrated by the Bush administration's failure to defend its national-security policies effectively. President Bush's determination to do what he thought necessary to protect America, regardless of media carping and the consequent sag in his popularity, was his most endearing trait. But his unshakable conviction that the rightness of his actions would be borne out by history, and that he therefore didn't need to justify himself, was foolish. Yes, history will be detached, and perhaps more accurate, decades hence, but it starts being written right now. Bush ceded to the Left the narrative-writing for the War on Terror, which is why the public remains in the dark about the intelligence haul from the CIA's interrogation program for high-level detainees, as well as from the detainees held in Guantanamo Bay, whom antiwar activists have effectively portrayed as hapless shepherds mistakenly plucked from the fields of Afghanistan and shamefully consigned to a "legal black hole."
We'll end with Bill Kristol, who writes in The Weekly Standard that Obama and his fellow Democrats are "throwing those who guard us while we sleep to the wolves."
"We have been through a dark and painful chapter in our history," President Obama said when he ordered the release of the Justice Department interrogation memos. Actually, no. Not at all. We were attacked on 9/11. We responded to that attack with remarkable restraint in the use of force, respect for civil liberties, and even solicitude for those who might inadvertently be offended, let alone harmed, by our policies. We've fought a war on jihadist terror in a civilized, even legalized, way. Those who have been on the front and rear lines of that war--in the military and the intelligence agencies, at the Justice Department and, yes, in the White House--have much to be proud of. The rest of us, who've been asked to do little, should be grateful.The dark and painful chapter we have to fear is rather the one President Obama may be ushering in. This would be a chapter in which politicians preen moralistically as they throw patriotic officials, who helped keep this country safe, to the wolves, and in which national leaders posture politically while endangering the nation's security.
The preening is ridiculous, even by the standards of contemporary American politics and American liberalism. Obama fatuously asserts there are no real choices in the real world, just "false choices" that he can magically resolve. He foolishly suggests that even in war we would never have to do anything disagreeable for the sake of our security. He talks baby talk to intelligence officers: "Don't be discouraged that we have to acknowledge potentially we've made some mistakes. That's how we learn."
Yup. I do believe that Obama is taking us down a long dark path from which it will be difficult, or even impossible, to recover from. Never this century has an American president done so much damage so fast to his own country.
Posted by Tom at April 26, 2009 9:00 PM
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