Franken’s torture smackdown
In late February, the Senate Judiciary Committee held a hearing on the Due Process Act, a bill introduced in 2011 by Sen. Dianne Feinstein, D-Calif., that would have explicitly prohibited indefinite detentions without trial of U.S. citizens detained on terrorism charges within the U.S (the bill has gone nowhere). At the hearing, Minnesota’s Al Franken had harsh words for one of the witnesses, Steven Bradbury. While serving in the Bush administration as legal counsel, Bradbury authored three memos declaring the CIA’s use of torture to be legal.
“It’s very difficult for me, frankly, to rely on your legal opinion today. If the Office of Professional Responsibility questions your objectivity and reasonableness, then I think we on the panel should as well,” Franken told Bradbury. Mother Jones’ Adam Serwer tweeted at the time that “Franken dressing down Bradbury is the worst consequence any torture architect has ever faced: Mild embarrassment.” The confrontation was indeed hardly sufficient in holding torture sponsors accountable for their crimes. Nevertheless, it was the only time a Bush official has had to answer for his administration’s offenses against international law.
The Judiciary Committee finally got around last week to publishing the full record of the hearing. Turns out Franken inserted more damning comments into the written record. He and Bradbury exchanged an unusually hostile exchange of letters in the record, an exchange that shows what could have happened had President Obama been willing to hold hearings on the torture policies of the Bush administration.
In the complete report, Bradbury first complains that he was not given a chance to respond to Franken at the initial hearing. He says that the Justice Department’s Office of Professional Responsibility (OPR) never found that he failed to satisfy standards of personal responsibility. “I never allowed policy or programmatic purposes to override my legal judgment, and any suggestion to the contrary is flatly wrong,” Bradbury writes, clearly referring to Franken’s comments.
Franken responds with a letter of his own. He says Bradbury’s letter contains a number of erroneous statements. He notes that while OPR didn’t find that Bradbury had failed to meet professional requirements, it still cast doubt on his “objectivity and reasonableness.” OPR said that Bradbury’s memos are inconsistent with the plain meaning of the Geneva Conventions. The report found that the memos were simply written with the goal of allowing the CIA torture program to continue. In other words, they were mere legal rationalizations. Franken also quotes the OPR report as observing that other lawyers in the Bush administration found Bradbury’s reasoning flawed, politically motivated and simply wrong.
He lists the horrid torture techniques Bradbury authorized: cramped confinement, waterboarding, sleep deprivation up to 180 hours, etc. The Minnesota senator calls the techniques Bradbury authorized to be “absolutely reprehensible” (though he sadly calls them “enhanced interrogation techniques”) and his professional advice “contemptible.”
Franken concludes bluntly by saying that the committee should not have allowed Bradbury to testify in the first place. Bradbury’s letter “just further underscores how woefully unsuited you are as a witness to appear before the Judiciary Committee.”
Bradbury gets the last word. He notes that OPR merely has the authority to determine whether an attorney has violated professional responsibilities, not to determine the quality of his legal opinion, and the comments condemning him have no independent force of effect — which seems to undermine his citation of the report’s exoneration of him as authoritative. If a government report takes the extraordinary step of stepping outside its mandate because its authors believe the subject’s conduct was worthy of censure — Bradbury was investigated for four years — it shows the degree of the problem. Bradbury complains that highly charged words like “contemptible” and “reprehensible” can’t substitute for sound legal analysis.
It is not unheard of to hear witnesses criticized at Senate committee hearings. It is unusual for back-and-forths to spill over into summaries of the hearings that aren’t released for nearly five months. Franken took the extraordinary step of insisting on attacking a witness. It wasn’t much, but at least one of the Bush torture masters finally heard some truth.
Jordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post.
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Comments (13)
A small step
for mankind. No giant leaps here. Still, thank you Mr. Franken for pointing out that a legal opinion without ethics (legal or general) is worth no more than the scum on the bottom of the lawyer's shoes.
When we're at war
international law is whatever the U.S. says it is. And that's the truth.
Nevertheless, Bradbury didn't "authorize" anything. He simply provided a legal opinion about the use of enhanced interrogation techniques, techniques which were not unlike the hazing I endured as a submariner crossing the arctic circle for the first time.
And the fact that Al Franken is even a member of the senate judiciary committee is a bigger joke than any he ever told in his alleged comedy career.
To sum up
The law is only the law when it is convenient to us.
Torture is just hazing.
US Senator from Minnesota is Al Franken. Yes, Senator Al Franken. Get over it.
To sum it all up...
United States Representative Michelle Bachmann.
United States Representative Michelle Bachmann.
United States Representative Michelle Bachmann.
Yes, Representative Michelle Bachmann. Get over it. :-D
No point
Were you trying to make a point about torture? Obviously not.
You may not agree with Franken's politics
but he's clearly proved himself capable in his few years in office.
As for international law being whatever the U.S. says it is? Sadly, there is too much truth to that at the moment. There will come a time, however, when not only our front line troops but those who command them will have to answer for war crimes.
Oh, and Bradbury's ethics? Given the findings on his reasons for writing what he did, I fail to see how he could not have been found to have violated professional ethics. But then, maybe they used a Washington, D.C., standard.
And we're at war
when Congress declares war,
which requires finding someone to declare war against
('terror' is not a sovereign state one can declare war against).
Franken gets it
I can agree that Bradbury didn't authorize anything but merely authored a legal opinion. And as with most legal opinions it starts with the end in mind to justify the means. That's how our legal system works. Of course time has proven once again the end was never achieved and the commanders of the means have scurried like bugs hiding from the light of day.
Still, torture is defined not in a war-profiteering US political vacuum but in world opinion and law. Just because the US breaks international law and gets away with it, doesn't mean it's either moral or just.
Franken gets that difference. It'd be refreshing to see more of our elected representatives get it too.
...and truth
I thought conservatives believed in absolutes: absolute right and wrong, and thought that relative truths and thinking were moral weaknesses of the left. If international law is whatever the U.S. says it is and the U.S. is guilty of criminal conduct according to that law, then there is no international law.
Conservatives believe in absolutes, all right
They will say absolutely anything to support their "position du jour".
war doesn't excuse torture
The Geneva conventions aren't meant to apply in peacetime. That would be pointless. Laws about the treatment of detainees don't matter if nothing is going on that would result in someone being detained. The very concept of war crimes means it's possible to commit acts that are crimes despite being done as part of a war. It's when times are tough that rules are needed, not when times are easy.
It sometimes takes decades before the political situation allows war criminals to be brought to justice and sadly, I see no reason to think that won't be the case with the war criminals in the Bush administration. If being scolded at a congressional hearing and having their reputations damaged is the most punishment that can be meted out now, then kudos to Franken for doing it.
Franken is one to talk about morals and integrity
Let us not forget that the Senator* willingly accepted $80,000 he *knew* had been bilked from a charity serving not just children, but poor children. That cash still resides in the Al's bank account...unless he used it to buy those spiffy new suits.
I'll grudgingly admit he hasn't done much, or much wrong, but I'll never forget who and what he is.
Cite please
Accusations are easy to make, harder to support.