Tuesday, November 01, 2005
The CIA's "Black Sites": Beyond the Rule of Law?
Dana Priest of the Washington Post puts it all together, confirming all that we've suspected, and more, in this story in tomorrow's Washington Post.
I don’t like journalists having to go to jail because they refuse to identify their sources, but wouldn’t it be justified for a prosecutor to ask for the names of the informants that contributed to this WP story? I mean, it seems pretty obvious to me (I know that John Yoo thinks otherwise) that what is reportedly being done by the CIA is illegal, i.e. against US law. And if it isn’t, technically, illegal, it certainly makes the President’s words (“torture is never acceptable, nor do we hand over people to countries that do torture”) a lie, which would seem to me (but not to Prof. Woo) an impeachable offence.
Why do you say that these questions are "very difficult"? They are certainly very troubling. But difficult?
How is the leak that led to this report a less serious illegality than the Plame leak? It is certainly a greater threat to national security. Under the Fitzgerald precedent, the reporter should be subpoenaed and the leaker strung by his thumbs. Either the Plame prosecution was a bad idea never to be repeated, or this story (and the hundreds like it) should be a prosecutor's employment act.
I can't help but say I told you so, to a certain extent. The revelation of these sites is going to cast a cloud over the McCain bill's efficacy for its stated claim of improving public diplomacy.
Without a comprehensive code of conduct on the CIA, one that governs its activities regardless of any technicalities, such as being outside of the "physical control" of the US government, torture and inhumane treatment driven by US policy will endure.
I don't quite see, Michael, how "the revelation of these sites is going to cast a cloud over the McCain bill's efficacy for its stated claim of improving public diplomacy."
The McCain bill, if it's enacted as is, would prohibit the CIA from engaging in conduct that shocks the conscience, which almost certainly would eliminate at least the most egregious of the techniques the agency is allegedly employing at the "black sites," such as waterboarding and false burial. Will McCain solve all the recent problems (e.g., prohibiting the "black sites" altogether)? Of course not: But it makes no pretense to being a comprehensive statute regulating every aspect of U.S. interrogation.
Professor Lederman -
If I wanted to give this country a black eye, I would wait a few months after the McCain bill passed, then I would leak to the press the name and location of this facility in Eastern Europe, or a couple of others. It would undermine the idea that America is doing anything to resolve torture because the incremental move would be perceived as a cover-up, a mere attempt at PR, and not as a sincere effort to improve our legitimacy as an agent in the world promoting democracy, human rights, and an abolition of inhumane treatment and torture.
I don't have enough of a megaphone, really. I strongly encourage someone with your credibility and public stature to come right out and say that McCain's bill does not go far enough. I know that you are a person of conscience on this subject; you were the first to expose so many people, including me, to the games that the CIA is playing with what regulations on interrogation practice apply to which government agency. And I think if you were to amplify the message that so much more needs to be done, it would have a strong effect.
Options like the Torture Outsourcing Prevention Act proposed by Rep. Markey exist, and we should all be encouraging Senator McCain *now* to go the next step, and stop speaking so triumphantly about how much his amendment will accomplish. When I read his speech introducting the amendment, triumphalism is what I see - especially when he points out that he's merely codifying stated executive branch policy.
I think we are in agreement that McCain has a lot of stature after introducing the bill in the first place; he should be strongly pushed to start marching in the next direction. Without such pressure, I'm not sure he will use the capital he is building with this move to go there.
I am actually really concerned about this leak. The stated rationale for keeping these facilities "black" was that if their existence was known they would become targets of terrorist attack.
It seems to me that Special Access Program top secret materials are at least as sensitive, if not more sensitive, than a piece of confidential or secret level classified information regarding the employment status of a CIA desk officer who was formerly operational, and i believe the statues relating to classification authority and defining appropriate levels of classification support this contention.
thanks for sharing..
please visit my blog
jaring futsal | jaring golf | jaring kassa / jaring polynet | jaring pengaman proyek | jaring pengaman bangunan | jaring pengaman gedung | jaring gawang | jaring paranet / jaring tanaman | rumput sintetis / rumput futsal | tangga darurat |
jaring cargo | agen jaring | jaring outbound | jaring truk | tali tambang