Author Archives: Michael Froomkin

What is the CIA Hiding?

The most likely and simplest explanation for why the CIA destroyed the tapes of its torture sessions with Abu Zubaydah and Abd al-Rahim al-Nashiri — even in the face of strong reasons not to — is that the tapes showed evidence of serious crimes. If you were a CIA person caught literally red-handed, would you rather be at risk of obstruction of justice charges, or of charges of torture, war crimes, or attempted murder or who knows what. That simple decision tree leads straight to burning the evidence.

But in the name of baseless speculation, I offer you the following more baroque hypothesis. The not infallible David Johnston tells us that,

… in April or May of 2002, officials briefed on the classified details of the case said, C.I.A. officials expressed dissatisfaction with the pace of the interviews and concluded that Mr. Zubaydah was revealing only a little of what he knew. C.I.A. interrogators, led by an outside consultant, ratcheted up the use of aggressive techniques.

Outside consultant? Where does the CIA go to get expert help torturing people? I doubt somehow that they went to Haliburton or even to Blackwater USA. They may have had an aging contra or El Salvadorian death squaddist on the payroll, but the real up-to-date expertise is probably in the Middle East.

So maybe part of what the CIA was hiding was that they got a Syrian, or a Saudi, or even an Israeli, to help them?

Posted in Torture | Comments Off on What is the CIA Hiding?

Catching Up With the Florida Funds Scandal

Forgot to check in with the Florida funds scandal yesterday.

The local media has finally gotten engaged here, and there are several relevant stories in the Miami Herald, even if they have to get one from the AP rather than reporting it all themselves.

  • AP, Governments continue investment withdrawals; managers positive:

    Local governments withdrew about $560 million of their money from Florida's state-run investment pool Friday, but the beleaguered fund's managers were pleased that figure was about half the amount from a day before.

  • Beatrice Garcia, Citizens assesses its risk: The state-run insurer is the biggest investor in a troubled investment pool, and it wants to reduce its holdings:

    It has about $1.7 billion in Part A of the fund, which has been reopened for withdrawals, and about $260 million in Part B, which remains closed.

    In all, Citizens has about $7 billion of the $10 billion it has stockpiled — in cash, credit lines and borrowings to pay future claims — invested with the State Board of Administration, which runs the investment pool and other funds. It began to move funds over to be managed by the SBA last fall because of its good investment results and also to save money on management fees.

  • Gary Fineout, The State Board of Administration reported that it has more than $2.5 billion in downgraded investments in several accounts, including the state retirement fund. It's a little hard to follow, but it seems that the Local Government Investment Pool (LGIP) may not be the only state-managed fund with problems:

    The SBA said Wednesday the state pension fund has $756 million in investments that have fallen below purchase guidelines, as have more than $800 million in investments that it manages on behalf of Citizens Property Insurance and the Hurricane Catastrophe Fund. The SBA manages nearly $200 billion in its various accounts.

  • In that same story, the local angle: “Donald Nelson, finance director for the City of Coral Gables, which has $32 million frozen in the pool, has plenty of cash to meet obligations, particularly with tax revenues flowing in. Still, he said the city plans Thursday to withdraw $2 million.”

Earlier items:

Not irrelevantly, there's also this amazing piece of news: South Florida homeowners are in trouble, with one in 32 Miami-Dade homes in foreclosure; in Broward, it's one in 30.

I suppose the silver lining is that for all the aspiring faculty to whom we've extended offers this may be a good time to buy. Assuming you plan to hold on to the property for a while….

Posted in Econ & Money: Mortgage Mess | Comments Off on Catching Up With the Florida Funds Scandal

Trying to Make Comments Work Better

I've been trying a few small tweaks to fix the problem where comments time out just before finishing; the comment posts, but you get an error message anyway. This is why there are so many duplicated comments.

Please, if you do get an error message posting a comment, or if something new goes wrong, drop me an email letting me know the time you posted it and what happened, so I can look at the logs.

Posted in Discourse.net | 8 Comments

More Campaign Ad Parodies

Two more ad parodies:

Kinda funny: Rudy Giuliani Ad Parody: For The Ladies and not so funny: Hillary's Open Letter To Obama.

But other people seem to like them more than I do.

Posted in Politics: US: 2008 Elections | Comments Off on More Campaign Ad Parodies

Romney’s Orwellian View of Freedom

I used to say that I could see Romney as the least bad of the Republican candidates. Surely no principles was better than bad ones?

I may have to reconsider. On the one matter where one has to assume he is least likely to lie to us, the place of religion in public life, former Gov. Romney has some very strange views, such as: “Freedom requires religion just as religion requires freedom.”

The clearest statement I've seen of the problem may be slacktivist, Mitt vs. atheists, martyrs,

Let's deal with the latter assertion first: “religion requires freedom.” There are far too many counter-examples for this to be true. Think of China, where the government denies religious freedom to millions of Christians and Falun Gong adherents and Tibetan Buddhists. Yet despite this lack of freedom, despite this active oppression — and, in a way, in response to this oppression — these faiths are all thriving. ….

“Freedom requires religion,” Romney said. Had he said, “Freedom requires religious freedom,” then I would agree, absolutely. Try to imagine if you can a society in which people were denied this most intimate of freedoms, the freedom of conscience, yet remained in all other respects free. Such a thing is impossible. This is part of the genius of the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Take away any one of those freedoms and you take away the others as well. Each of those freedoms requires the others.

But Romney did not say that freedom requires religious freedom. He said, “Freedom requires religion.” And that's a contradictory statement — a very different, and very frightening, thing.

If freedom requires religion, then the a-religious and irreligious, the non-religious and un-religious are the enemies of freedom. Romney believes, in other words, that atheism is incompatible with freedom. Whatever it is he means by “religious liberty,” he does not believe it can safely be applied to atheists.

Don't get me wrong: I have no problem at all with devout candidates. I respect people who want to actualize their faith — just as long as in their public life they put the First Amendment first, and don't try any back-door establishment of religion. Thus, I respect, but disagree with, people who say abortion is murder and wish to change the law to protect what they see as unborn people. I also disagree pretty strongly with people who want use state power to enforce their versions of morality, but I often do understand where they are coming from — even though I think that many of these efforts have serious constitutional difficulties and wish they were much more sensitive to these issues.

I don't respect people who want to create special programs whose real purpose is to funnel money to churches (although I don't mind at all having churches compete on a level playing field for federal funds so long as they observe the rules that apply to all recipients of federal money).

But I also respect (and would rather vote for) people whose faith — be it religious or secular — leaves more scope for individual choice and autonomy on most questions of morality.

Mitt Romney's position that atheists are or should be second-class citizens hearkens back to an old American idea, mostly abandoned in the Enlightenment period, that the irreligious were fundamentally untrustworthy because without a fear of Hell they could not be trusted to keep their oaths.

It's deeply depressing to consider that a major GOP candidate who is 200 years behind the times may still seem modern when part of a field that seems anxious to compete on who is more for torture of more detainees, and who has the cruelest plan for deporting and deterring undocumented workers.

Oh, wait. He's campaigning as just as much a troglodyte as most of the others. Romney thinks we should double the size of the Guantanamo prison camp. I suppose that since Romney thinks Muslims are unfit for top government jobs this shouldn't be totally surprising.

Race to the bottom. Dragging us down with it.

Posted in Civil Liberties, Guantanamo, Politics: US: 2008 Elections | 2 Comments

Euphemism Watch

Enhanced Interrogation Technique: Torture

Intelligent Design: Creationism

Regime Change : Coups

Add yours.

Posted in Politics: US | 8 Comments