Author Archives: Michael Froomkin

Torture Nation

USA – Still better than North Vietnam. Just less so.

Center for American Progress, Fool Me Twice: The letter of the Conventions was certainly preserved: the bill refuses the president’s demand that Congress rewrite the law to reinterpret U.S. obligations under the Geneva Conventions.

But their integrity and spirit is another matter.

Instead of reinterpreting the Conventions directly, the bill does so indirectly, granting the president the authority to issue his own interpretations and making them virtually unchallengeable in court. The bill strips detainees of the ability to challenge the factual and legal basis for their confinement. And it confers retroactive immunity on government officials responsible for serious human rights violations by permitting prosecutions under the War Crimes Act of only the grossest abuses.

What this means is that instead of curbing the secret detention and abuse of terrorist suspects, the bill would authorize the president to continue these practices. While certain “grave breaches”� of the Geneva Conventions would be outlawed, the bill leaves ambiguous which of the catalogue of “alternative interrogation procedures” employed by the CIA would be prohibited.

And, of course, Marty Lederman, Oh, Well, That Explains It:

Courtesy of the New York Times, here’s your very own handy-dandy pocket-sized flow chart for understanding what the “compromise” legislation would, and would not, prohibit.

And now, just for kicks, compare that to this alternative description of what the law forbids:

“[T]he following acts are and shall remain prohibited at any time and in any place whatsoever with respect to [detainees]: violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture.”

Which statement of the law is more “vague” and ambiguous?

Trainwreck in slow motion. Right before your eyes.

We have to do something — but what?

Posted in Torture | 9 Comments

Shame and Horror

I am too thoroughly depressed by recent events to post anything about the capitulation of the power centers of the Senate to the administration’s program of lawlessness, torture, with the undermining of one of the great success stories of international legality thrown in for garnish.

Fortunately, others are made of sterner stuff.

Marty Lederman, The Torture Chorus

Marty Lederman, Senators Snatch Defeat From Jaws of Victory: U.S. to be First Nation to Authorize Violations of Geneva

Marty Lederman, Three of the Most Significant Problems with the “Compromise”

Stanford Levinson, Legal Realism 101 and the McCain Capitulation

The Carpetbagger Report, McCain, Warner, and Graham cut and ran

The Democrats, having until now largely chosen to stay quiet on grounds of political expediency, now face a moral choice about how hard to fight the destruction of habeas corpus and the ratification of de facto unreviewable power to torture.

First option, block this horror — filibuster if needed — and risk paying a political price: For a taste of the ‘vote for us or die‘ campaign that’s in the works, see this utterly repulsive ad already being run by Rep. Nancy Johnson (R-CT). And recall that Johnson is supposedly one of the nicer Republicans (and a new friend of Sen. Lieberman’s).

Second option, do the usual infective stuff and pay a different political price (the base will turn on you, as will anyone else with some decency). Plus earn a black spot in history.

Posted in Torture | 2 Comments

One Web Day

My friend Susan Crawford of the Cardozo Law School has been tirelessly organizing One Web Day (see also the One Web Day Wiki), a sort of Earth Day for the Internet.

And today is the day.

I feel like such a lout for not getting more excited. But then Earth Day never did that much for me either…

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This Bunch Doesn’t Rattle Sabers: They Just Club Folks With Them

War Signals:

The Nation has learned that the Bush Administration and the Pentagon have issued orders for a major “strike group” of ships, including the nuclear aircraft carrier Eisenhower as well as a cruiser, destroyer, frigate, submarine escort and supply ship, to head for the Persian Gulf, just off Iran’s western coast.

According to the article, the deployment is ahead of the normal rotation for the carrier group.

The fact that an attack on Iran would be military and diplo-political stupidity of a positively supernatural order must not be allowed to obscure the effects of the near-total reality distortion field now centered at 1600 Pennsylvania Ave and the boyish delights that can be taken in a Rovian October Surprise.

The only thing that gives me hope this is all a bad joke is that The Nation quotes the Navy’s spokesperson, our old friend Lt. Kafka, now apparently no longer working at Guantanamo but serving up news from Norfolk.

Posted in Iran | 3 Comments

IE Has Trouble Displaying Some .png Images

One of the things that can drive you crazy is aiming for cross-browser compatibility. Usually the problem is that things look wrong.

But sometimes the problem is that something you can see fine in one browser is simply invisible in the next. Looking at source confirms that both browsers are seeing the same code — one is just not doing anything with it. Drives me nuts.

So it’s very good to at last have an answer that I’ve found a known bug: IE just can’t handle some .png images. It was hard to debug because it can handle others. But IE cannot handle all .png images. Sometimes IE does not display .png images at all. Yes, there is a bug in Internet Explorer and it does not display some .png (‘portable network graphics’) files.

(I’m saying this very pedantically so that the next poor guy who has to hunt for this on Google has an easier time of it.)

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Torture Is a Moral Issue

Someone gets it: The National Council of Churches takes out a big ad in the New York Times to say that Torture is a Moral Issue. President Carter is one of the signatories.

Amazing that it needs saying.

Even more amazing that a House committee just voted (on second try) to authorize the government to torture away…

And spot all the euphemisms running around: “harsh interrogation techniques,” “enhanced questioning” or “aggressive methods”. It is nothing less than horrible.

Posted in Torture | 5 Comments