Author Archives: Michael Froomkin

Deconstruction of Torture Memo’s Analysis of Criminal Intent

One of the weirder parts of the Torture Memo, which I didn’t write about earlier, was the attempt to suggest that a torturer might be able to benefit from what we lawyers call a ‘pure heart, empty head’ defense: ‘Honest, judge, I didn’t think it was torture.’ The memo tries this on in two implausible ways: (1) The guy doing the damage honestly believes it’s legal; (2) the guy doing the damage isn’t sure it’s really going to be that damaging. Both arguments seem completely inapplicable to the circumstances, neither is convincing, and the legal analysis is muddled. But don’t take my word for it, it’s not my field. Instead, have a look at these three posts by experts.

Update (6/11/04): Also don't miss Eric Muller's excellent comment, Manipulating Doctrine.

Posted in Iraq Atrocities, Law: Criminal Law | 8 Comments

Women and Children. On Camera.

Brad reports on a Sy Hersh speech at U.Chicago in Torture and Rumors of Torture.

We're heavy into hearsay territory here, but if this is really true, we haven't hit bottom yet:

Bush, he said, was closing ranks, purging anyone who wasn't 100% with him. Said Tenet has a child in bad health, has heart problems, and seemed to find him generally a decent guy under unimaginable pressure, and that people told him that Tenet feared a heart attack if he had to take one more grilling from Cheney. “When these guys memoirs come out, it will shock all of us.”…

He said that after he broke Abu Ghraib people are coming out of the woodwork to tell him this stuff. He said he had seen all the Abu Ghraib pictures. He said, “You haven't begun to see evil…” then trailed off. He said, “horrible things done to children of women prisoners, as the cameras run.”

He looked frightened.

At some point, we run out of new horrors, don't we? Please?

(And at some point, Real Soon Now, mass revulsion takes over, right?)

Posted in Iraq Atrocities | 4 Comments

Why Can’t Bush Simply Say “We Don’t Do Torture. It’s Wrong.” ???

Digby points out GW Bush's non-denial denial when faced with a softball torture question:

Q: Mr. President, I wanted to return to the question of torture. What we've learned from these memos this week is that the Department of Justice lawyers and the Pentagon lawyers have essentially worked out a way that U.S. officials can torture detainees without running afoul of the law.

So when you say that you want the U.S. to adhere to international and U.S. laws, that's not very comforting. This is a moral question: Is torture ever justified?

BUSH: Look, I'm going to say it one more time. Maybe I can be more clear. The instructions went out to our people to adhere to law. That ought to comfort you.

We're a nation of law. We adhere to laws. We have laws on the books. You might look at these laws. And that might provide comfort for you. And those were the instructions from me to the government.

What does it mean when the head of government cannot simply say “Torture is wrong and I would never condone it”? Might it mean that he read a memo or two that suggested the key to making torture legal was giving the torturers reasonable grounds to bleieve that their actions are legal … because the President authorized them?

Posted in Iraq Atrocities | 3 Comments

Major Mori Will Be Busy

Convenient timing? The Pentagon announced today that Australian Detainee David Hicks is being formally charged with three offenses: conspiracy to commit war crimes; attempted murder by an unprivileged belligerent and aiding the enemy.

Neither a trial date nor the members of the military commission who would hear the charges have been chosen. Furthermore, Mr. Hicks's very able military counsel, Major Mori, has challenged the entire procedure. Conceivably the court hearing those challenges might stay the proceeding pending its decision.

The trial will not be open to the public, but — get this! — two, count them two, members of his family will graciously be allowed to attend the Kangaroo court! Wow!

And let's not forget the Australian claims of torture.

Posted in Guantanamo | Comments Off on Major Mori Will Be Busy

Another Great Internet Thing: Amtrak Discount Codes

I'm in DC at the moment, and tomorow I head off to a wedding in New Haven. I'm going by train and my fare will be 20% less than it might have been thanks to one of these handy Amtrak discount codes. No, it's not just a toy: this Internet thing is useful.

Posted in Internet | 2 Comments

Lying By Reflex

More depressing evidence that this administration's first response to anything that looks bad is to lie about it.

Posted in Politics: US | 4 Comments