Balkinization
an unanticipated consequence of
Jack M. Balkin
E-mail:
Jack Balkin: jackbalkin at yahoo.com
Ian Ayres: ian.ayres at yale.edu
Mary Dudziak: mdudziak at law.usc.edu
Heather Gerken heather.gerken at yale.edu
Mark Graber: mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman: marty.lederman at comcast.net
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Linda McClain lmcclain at bu.edu
Neil Netanel netanel at law.ucla.edu
Frank Pasquale pasquale.frank at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Alice Ristroph alice.ristroph at shu.edu
Brian Tamanaha: tamanahb at stjohns.edu
Mark Tushnet: mtushnet at law.harvard.edu
Whilst skimming through Doug Feith's new apologia in the bookstore today, I ambled across these howlers, all of which are found in the small handful of pages Feith devotes to questions of detention and interrogation. Which is the most audacious?
"I saw the Geneva Conventions as a high-water mark of civilization." (p.39) [Pages 162-165 then present Feith himself as the stalwart defender of the Geneva Conventions during the early 2002 debates within the Administration.]
"Rumsfeld liked to cite the United States Constitution and often lectured his subordinates on scrupulous obedience to the law." (p.161)
[Referring to Abu Ghraib]: "Despite Rumsfeld's astute forebodings about becoming the world's jailer, he was not able to head the problems off." (p.165)
"The Administration, without controversy, had from the outset recognized [the Geneva Conventions] were applicable in Iraq." Posted
7:02 PM
by Marty Lederman [link]
Comments:
I suspect Feith still expects that we're going to find that imaginary WMD any day now.
I saw the "60 Minutes" interview with him -- in which, on all the tough questions about illegalities and out-and-out incompetent malhandling of the war, he pointed the finger of blame at Rumsfeld.
It must be true, of course: individuals such as Feith are so perfect that they can't make error -- when, that is, interviewed in isolation, without risk of refutation.
Feith is a reminder of Seinfeld's George Costanza advising Jerry on lies: "It's not a lie if you believe it." So Feith can refer to the video of the "60 Minutes" interview as his proof that he hasn't lied. As Lisa's bro might ask: "Where's your proof to the contrary?"