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Barry Eisler

Barry Eisler

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Donald Rumsfeld, Defender of the Constitution (Really)

Posted: 02/ 1/11 09:43 PM ET

Cross-posted at the American Constitution Society.

Here's what I thought when I heard the Conservative Political Action Conference has decided to honor former Secretary of Defense Donald Rumsfeld with something CPAC calls the "Defender of the Constitution Award."

As I imagine CPAC is aware, Rumsfeld is the man who signed the very first memo authorizing the torture techniques that later became infamous with the revelations of photos from Abu Ghraib prison. Philippe Sands wrote the definitive book on the subject; it's called Torture Team: Rumsfeld's Memo and the Betrayal of American Values. The topic is also thoroughly covered in the bipartisan report of the Senate Armed Services Committee, "Inquiry into the Treatment of Detainees in U.S. Custody," which concluded:

The abuse of detainees at Abu Ghraib in late 2003 was not simply the result of a few soldiers acting on their own. Interrogation techniques such as stripping detainees of their clothes, placing them in stress positions, and using military working dogs to intimidate them appeared in Iraq only after they had been approved for use in Afghanistan and at GTMO. Secretary of Defense Donald Rumsfeld's December 2, 2002 authorization of aggressive interrogation techniques and subsequent interrogation policies and plans approved by senior military and civilian officials conveyed the message that physical pressures and degradation were appropriate treatment for detainees in U.S. military custody. What followed was an erosion in standards dictating that detainees be treated humanely.

I thought about how different things might be today if, instead of Rumsfeld, America had been blessed with a defense secretary who really was a defender of the Constitution, and who therefore would have refused to partake in its violation. Someone who valued the Constitution's prohibition on cruel and unusual punishment, who understood that the Constitution elevates to the Supreme Law of the Land treaties like the Geneva Conventions and the United Nations Convention Against Torture. Certainly we'd be safer. Our standing in the world, and in our own eyes, would be undiminished. And of course the Constitution itself would be stronger, having been spared a withering assault.

I thought about people like Alberto Mora, who fought Rumsfeld's torture memos as the Navy's General Counsel, and Major General Antonio Taguba, who was forced to retire for his critical report on torture at Abu Ghraib, and Air Force interrogators like Major Matthew Alexander and Col. Steve Kleinman, who have fought heroically against torture (Alexander's most recent book, Kill or Capture, comes out today). I thought again of the Constitution, and of the condition it might be in today if these men had won and Rumsfeld had lost.

And then I thought about what kind of person, in the face of all this, would choose to honor a key architect and enabler of America's torture regime as a "Defender of the Constitution." You'd have to be an unfortunate combination: partisan, cynical, intellectually empty. You'd have to perceive of the Constitution primarily as a cheap prop in a public relations campaign, and be willing to exploit it that way. You'd have to be ignorant of irony and oblivious to Orwell.

All of which is a pretty fair description of what today in America passes for conservatism. It's a movement that doesn't know the difference between a defense and a desecration, and celebrates them as one and the same.

 
 
 

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Cross-posted at the American Constitution Society. Here's what I thought when I heard the Conservative Political Action Conference has decided to honor former Secretary of Defense Donald Rumsfeld wit...
Cross-posted at the American Constitution Society. Here's what I thought when I heard the Conservative Political Action Conference has decided to honor former Secretary of Defense Donald Rumsfeld wit...
 
 
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07:25 PM on 02/20/2011
Rumsfeld is not a real conservative. He's a mockery to everything real conservatives stand for. A conservative is not for foreign interventionism, torture, reckless military spending and nation-building, or illegal wiretapping if US citizens.
12:18 PM on 02/03/2011
Secretary Rumsfeld has my complete respect. He was a warrior for our country when we needed it the most. He did what was needed to protect our country. Liberals fear the projection of power and force especially in their defense. When it is done by the enemy they call them democracy movements, agrarian reformers, or simply look for provocation amongst ourselves. Sec. Rumsfeld was not afraid to do what was needed and the terrorist feared him & respected him because he didn't hesitate to search & destroy them. He is a hero and I hope he goes on a book tour as I would love to have him sign a copy of the book for me at which time I would personally thank him.

Sec. Rumsfeld was and is a real man. He called out the Europeans for their unrealistic longing for the "old Europe" and helped forge a coalition when many foreign leaders lacked sufficient backbone. Like George W. Bush, liberals owe him a debt of gratitude.
03:53 AM on 02/03/2011
well.. im willing to admit we used "aggressive" interogation techniques at guantonomo bay..but abu ghraid was, to me, a bunch of poorly disciplined reservists crossing the line...big time. the immediate COC should have--and primarily was--held accountable.

the abu ghraid actions had nothing to do with gaining intel and all ABOUT HUMILIATION! I havent done any recent research and my mind is shot...but these reservists were probably not in contact with any prisoners who could have provided any meaningful intel--if im wrong please correct me--and thus their atrocious activities were a product of the local chain of command--not the "higher levels".
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HUFFPOST BLOGGER
Barry Eisler
03:25 AM on 02/06/2011
Marbiol, respectfully, did you read my post? I link to, and quote from, the bipartisan Senate Armed Services Inquiry into the Treatment of Detainees in US Custody. Again:

"The abuse of detainees at Abu Ghraib in late 2003 was not simply the result of a few soldiers acting on their own."

Now much clearer could this be?
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HUFFPOST SUPER USER
PerotVentuSheehCarte
gravel kucinich paul nader
06:59 PM on 02/02/2011
"Medal of Freedom"
Blair Bremer Bush Cheney Greenspan Kissinger Merkel Podhoretz Rockefeller Rummy Tenet Uribe
10:21 AM on 02/02/2011
There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know.

Effing brilliant.
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HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
09:44 AM on 02/02/2011
All War Criminals deserve their just rewards.
12:16 AM on 02/02/2011
Well said, Barry.
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Lorem Ipsum
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11:19 PM on 02/01/2011
Proposed new rule: Posters with corporate or political support (as in paychecks) should be required to announce them. (Especiall­y those with "badges.")
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HUFFPOST BLOGGER
Barry Eisler
03:28 AM on 02/06/2011
Lorem, not sure what this means. What kind of support are your referring to? Only unemployed people have nothing to announce?
HUFFPOST COMMUNITY MODERATOR
unclelew
10:33 PM on 02/01/2011
And our posthumous award goes to Jefferson Davis.