Political Courage

Glenn Greenwald:

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Regardless of motives, good acts (releasing the torture memos) should be praised, and bad acts (arguing against prosecutions) should be condemned.

Beyond those generalities, I think the significance of Obama's decision to release those memos -- and the political courage it took -- shouldn't be minimized. There is no question that many key factions in the "intelligence community" were vehemently opposed to release of those memos. I have no doubt that reports that they waged a "war" to prevent release of these memos were absolutely true. The disgusting comments of former CIA Director Mike Hayden on MSNBC yesterday -- where he made clear that he simply does not believe in the right of citizens to know what their government does and that government crimes should be kept hidden-- is clearly what Obama was hearing from many powerful circles. That twisted anti-democratic mentality is the one that predominates in our political class.

In the United States, what Obama did yesterday is simply not done. American Presidents do not disseminate to the world documents which narrate in vivid, elaborate detail the dirty, illegal deeds done by the CIA, especially not when the actions are very recent, were approved and ordered by the President of the United States, and the CIA is aggressively demanding that the documents remain concealed and claiming that their release will harm national security. When is the last time a President did that?

Other than mildly placating growing anger over his betrayals of his civil liberties commitments (which, by the way, is proof of the need to criticize Obama when he does the wrong thing), there wasn't much political gain for Obama in releasing these documents. And he certainly knew that, by doing so, he would be subjected to an onslaught of accusations that he was helping Al Qaeda and endangering American National Security. And that's exactly what happened, as in this cliché-filled tripe from Hayden and Michael Mukasey in today's Wall St. Journal, and this from an anonymous, cowardly "top Bush official" smearing Obama while being allowed to hide behind the Jay Bybee of journalism, Politico's Mike Allen.

But Obama knowingly infuriated the CIA, including many of his own top intelligence advisers; purposely subjected himself to widespread attacks from the Right that he was giving Al Qaeda our "playbook"; and he released to the world documents that conclusively prove how that the U.S. Government, at the highest levels, purported to legalize torture and committed blatant war crimes. There's just no denying that those actions are praiseworthy. I understand the argument that Obama only did what the law requires. That is absolutely true. We're so trained to meekly accept that our Government has the right to do whatever it wants in secret -- we accept that it's best that most things be kept from us -- that we forget that a core premise of our government is transparency; that the law permits secrecy only in the narrowest of cases; and that it's certainly not legal to suppress evidence of government criminality on the grounds that it is classified.

Still, as a matter of political reality, Obama had to incur significant wrath from powerful factions by releasing these memos, and he did that. That's an extremely unusual act for a politician, especially a President, and it deserves praise. None of this mitigates any of the bad acts Obama has engaged in recently -- particularly his ongoing efforts to shield Bush crimes from judicial review by relying on extreme assertions of presidential secrecy powers -- but, standing alone, his actions yesterday are quite significant.

As is obvious from everything I've written over the past three years, I think the need to criminally prosecute those who authorized and ordered torture (as well as illegal surveillance) is absolute and non-negotiable (and, as I wrote earlier today, in the case of torture, criminal investigations are legally compelled). A collective refusal to prosecute the grotesque war crimes that we know our Government committed is to indict all of us in those crimes, to make us complict in their commission. ...

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Yglesias on Jay Bybee

I don’t really have much to add to what’s being said by the usual progressive blogosphere suspects on the subject of the torture memos or torture in general. But it is worth emphasizing the chilling fact that one of the principle authors of this nonsense, Jay Bybee, is now a federal judge on the 9th Circuit.

That’s a pretty outrageous situation. But it’s also something that, completely apart from prosecuting anyone, the country can do something about. I think the case for impeaching him on the grounds of misconduct would be pretty clear. And though as Jonathan Zasloff says, he could almost certainly round up enough pro-torture votes in the Senate to avoid removal, it’s at least something folks can be put on the record about.