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Rory O'Connor

Rory O'Connor

Posted May 6, 2009 | 05:05 PM (EST)

Babes in TortureLand


On April 6, 1977, David Frost was having a particularly difficult time interviewing former President Richard Nixon. Frost's colleague James Reston, Jr. suggested a new line of questioning, one used earlier in the trial of former Nixon aide John Ehrlichman: Were there no limits to what a president can do, even if it's plainly illegal? Could he do anything despite the law?

"If the president does it,that means it's not illegal," Nixon notoriously replied, arguing, "that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution..."

While speaking recently at Stanford University, where she steadfastly defended the Bush Administration's "enhanced interrogation" policies, ex-Secretary of State Condoleezza Rice revealed herself to be a Summa Cum Laude graduate of the Richard M. Nixon School of Government.

"We did not torture anyone," Rice told the Stanford students. "The president instructed us that nothing we would do would be outside of our obligations, legal obligations, under the Convention Against Torture... And so, by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture."

From Nixon to Bush and beyond, such contentions have seemingly passed muster with large swaths of both America's citizenry and its press. Now, however, challenges are finally emerging to such dangerous and unconstitutional ideas -- albeit from some unlikely sources. Have you ever heard the saying, for example, "Out of the mouths of babes?" Biblical in origin, the phrase is most often used when truth bubbles up unexpectedly - such as when a young person says something that surprises because it shows what we expect to be an adult's wisdom and understanding...

And so it was recently in our nation's capital, as Secretary Rice made "her first Washington appearance since leaving office" to speak to students at the Jewish Primary Day School -- only to be pressed once again on the troublesome topic of torture, just days after telling the Stanford undergraduates that the gruesome form of torture euphemistically known as waterboarding was "by definition" legal "if it was authorized by the president."

After years of facing softballs from a doting Washington press corps, Rice must have been taken aback as she fielded still more questions about torture -- from a 4th-Grader no less! As reported in the Washington Post, Rice "held forth amiably before a few dozen students about her love of Israel, travel abroad and the importance of learning languages" before opening the floor to their questions. The inquiries, developed by students with the assistance of their teachers, had not been screened in advance by Rice.

"At first, they were innocuous," noted Post Staff Reporter Alec MacGillis. "What was it like growing up in segregated Birmingham, Ala.? What skill did she want to be best known for?"

Then a fourth-grader named Misha Lerner asked a tough one: what did Rice think about the things President Obama's administration had been saying concerning methods used by the previous administration to get information from detainees? (According to Misha's mother, Inna, her son had originally come up with an even tougher question: "If you would work for Obama's administration, would you push for torture?" But Misha's teachers apparently acted as editors: "They wanted him to soften it and take out the word 'torture,'" Ms. Lerner explained. "But the essence of it was the same.")

"Let me just say that President Bush was very clear that he wanted to do everything he could to protect the country," Rice responded. "After September 11, we wanted to protect the country. But he was also very clear that we would do nothing, nothing, that was against the law or against our obligations internationally. So the president was only willing to authorize policies that were legal in order to protect the country."

Rice's response to the Babes in TortureLand echoed what she had said earlier at Stanford, while pleading for sympathy: "I hope you understand that it was a very difficult time. We were all so terrified of another attack on the country." Nevertheless, she reiterated, "Even under those most difficult circumstances, the president was not prepared to do something illegal..."

Despite her contention, one student still demanded, "How are we supposed to continue promoting America as this guiding light of democracy and how are we supposed to win hearts and minds in the world as long as we continue with these actions?"

"Well, first of all, you do what's right," Rice replied. "That's the most important thing -- that you make a judgment of what's right.

"And I'll tell you something," she continued. "Unless you were there in a position of responsibility after September 11th, you cannot possibly imagine the dilemmas that you faced in trying to protect Americans. And I know a lot of people are second-guessing now, but let me tell you what second-guessing would really have hurt me -- if the second-guessing had been about 3,000 more Americans dying because we didn't do everything we could to protect them."

Apparently when you're in that position of responsibility, it helps to be 'tough-minded" like Bush and Rice.

"Foreign policy is full of tough choices. Very tough choices," Rice explained. "The world is not a bunch of easy choices in which you get to make ones that always feel good."

Rice's student questioner then pointed out that our government had never resorted to torture, "Even in World War II, as we faced Nazi Germany -- probably the greatest threat that America has ever faced."

She quickly shot back, "And we didn't torture anybody here either. Alright?"

"Is waterboarding torture?" the student then asked.

"I just said -- the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture," Rice maintained. "And so, by definition, if it was authorized by the president, it did not violate our obligations under the Conventions Against Torture."

Yes, but... is waterboarding torture? And if so, is it illegal --- even when the president condones it? Or are there no limits to what a president can do, even if it's patently illegal? Can the president do anything despite the law? Unless someone in the Obama Administration soon starts asking uncomfortable questions like those coming out of the mouths of babes like Misha Lerner, the Nixon/Bush/Rice position that we live in a nation ruled by men --- and not laws - may yet prevail.

On April 6, 1977, David Frost was having a particularly difficult time interviewing former President Richard Nixon. Frost's colleague James Reston, Jr. suggested a new line of questioning, one used ea...
On April 6, 1977, David Frost was having a particularly difficult time interviewing former President Richard Nixon. Frost's colleague James Reston, Jr. suggested a new line of questioning, one used ea...
 
 
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02:26 PM on 05/07/2009
John Yoo actually said, in public, that the President could order the killing of the child of a terrorist to obtain information.
02:19 PM on 05/07/2009
2,550 years ago in Athens, Solon stated when asked what makes an orderly and well constituted state, as quoted from Durant's book The Life of Greece, "When the people obey the rulers, and the rulers obey the laws". (118) If Americans want and expect their fellow citizens to obey our laws, than we must insist that our leaders do so or we lose all credibility as a moral democracy. If our leaders are allowed to do as they please, then what is to keep any citizen from similar behavior? Our leaders take an oath to defend and uphold the Constitution, so shouldn't they be held accountable for doing just that? Is there one law code for the masses and another for the rich or politically connected? Why should we pretend to be a positive influence on other nations in forming their unions if we share in the same kinds of behavior? I am sorry former Secretary of State Rice. It is wrong to torture. Waterboarding is torture. It was illegal and you know it. You should never have bowed to pressure from former Vice President Cheney. As my Dad used to say, "Two wrongs don't make a right". If they use terror on our population, that doesn't mean we should do similar in response because then we become just like them, our enemies and have no moral authority for what we do.
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HUFFPOST SUPER USER
DasBoot
I accidentally cross-dressed today.
11:06 AM on 05/07/2009
I love it. Condy loses arguments against 4th graders. This is how flimsy the administration's whole reasoning was.

Or it shows that American schools are better than their reputation.

Either way, we are taking back out country, slowly--one embarrassed ex Bush official at a time.
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HUFFPOST COMMUNITY MODERATOR
Json
Cynical dreamer, sarcastic idealist...
10:48 AM on 05/07/2009
Republicans seem to have developed a new idea of "elected dictatorship". Once you are elected president, you can do anything you want, since if you do it, it is not illegal.
Sort of an "Arafat-style" democracy with more regular and less corrupt elections.
10:24 AM on 05/07/2009
Golden rule for Democrats:

Do unto others as you would have them do unto you.

Golden rule for Republicans:

It's not against the law unless you get caught.
12:43 PM on 05/07/2009
President's of either party are asked to do horrible things that none of us are responsible for - placing others into harms way and asking them to kill our enemies, for instance.

If 'torture' was being done to further intelligence gathering, then our President believed he was acting in the best interest of Americans. Even a liberal democrat like me thinks no crime was committed under these circumstances. However, if torture was done without any notion of intelligence gathering, crimes were committed.

Ask yourself this question - was America guilty of war crimes for dropping two atom bombs in Japan? If you say, no - then President Bush et. al. are not guilty either. And if you said yes......I can't change your mind.....
02:27 PM on 05/07/2009
The waterboarding was performed not for intelligence purposes, but solely for political reasons: to obtain proof that 9/11 was connected to Saddam Hussein.
11:51 PM on 05/06/2009
Just one of MANY authoritative voices on the main question:

This Master Chief Instructor at SERE, Master Chief Petty Officer Malcom Nance, says clearly and unambigously... waterboarding is torture.
______________________________________________________
Article:

Waterboarding IS TORTURE... Period.

by Master Chief Petty Officer Malcom Nance

As a former Master Instructor and Chief of Training at the US Navy Survival, Evasion, Resistance and Escape School (SERE) in San Diego, California I know the waterboard personally and intimately. SERE staff were required to undergo the waterboard at its fullest. I was no exception. I have personally led, witnessed and supervised waterboarding of hundreds of people. . . .
. . . . [snip]

(article continues...)

There is No Debate Except for Torture Apologists

1. Waterboarding is a torture technique. Period.

There is no way to gloss over it or sugarcoat it. It has no justification...

http://smallwarsjournal.com/blog/2007/10/waterboarding-is-torture-perio/
_________________________________________________________

From the Physicians For Human Rights website:

"The number of detainees who have died in US Custody remains unknown. A review of 112 detainee deaths published in Medscape General Medicine revealed at least 11 of the 43 homicide cases involved blunt trauma or asphyxiation. At least three of the homicides reported have resulted in murder charges. Another three have resulted in charges of voluntary manslaughter..."

http://physiciansforhumanrights.org/torture/areas-of-focus/detainee-deaths/
01:50 AM on 05/07/2009
There is no way waterboarding is torture PERIOD.It is just another technique to get information GET OVER IT!!!!!
11:36 AM on 05/07/2009
You're dead-bang wrong on this question. The facts clearly support my position, and conclusively refute you. You'd better "get over it," because you lose.

Waterboarding is long-established as torture, both under our domestic criminal law -- and has been ruled as such in criminal cases (Texas, 1983... sheriff and 3 deputies convicted) -- and under international law by treaty... treaties that we both signed and ratified, making them part of U.S. law.

Waterboarding has NEVER been used to "get information" ANYWHERE, EVER... because every interrogator knows that it cannot do that. It isn't capable of doing that. It can only 'break' a subject psychologically so that they will make false confessions... to 'confess' to whatever they're told to confess to.

Your stubborn insistence in asserting wrong facts only underscores your willingness to be a fool.
11:53 AM on 05/07/2009
Joined May 2009... just 2 comments, both from the fact-immune, morality-challenged "torture apologist" position. That tells everyone how seriously to take your opinions.... not seriously at all.
10:34 PM on 05/06/2009
Waterboarding is legal. Now let's MOVE ON!
11:29 PM on 05/06/2009
You Joined Huff, to make that comment?

Water boarding is a war crime.

Water Boarding is torture. No question about it. only liars denying it.

Torture and war crimes are against US law.

QED. you are wrong. face it.
01:53 AM on 05/07/2009
have u ever been waterboarded?How would u know
12:49 AM on 05/07/2009
The Geneva Accords, Nuremberg Precedents, International Red Cross, International Criminal Courts (Rome Statute) and the United Nations Conference on Torture treaty accords (signed by Ronald Reagan 1988, ratified by Senate 1994) say you're full of beans.
YOU move on. WE ARE GOING TO INVESTIGATE.
05:36 PM on 05/06/2009
The President is contrained by the law. The Unitary Executive on the other hand, can break and make laws at will in secret. Barak Obama has embraced the Unitary Executive and as we have all seen, has given blanket immunity to CIA torturers with a wave of his hand. When anyone in government mentions the 'rule of law' or 'checks and balances' or 'oversight of the executive branch' you will know they are a liar and a cheat because these tenents of democracy no longer apply in the U.S. If they ever really did at all.
10:16 AM on 05/07/2009
I'm thoroughly convinced fifth graders ought to be asking the "tough" questions from now on.
No more sugar coated BS. Art Linkletter had Kids University back in the sixties with his show
KIDS SAY THE DARNDEST THINGS.

Now they can ASK the hardest, darndest, bunch of questions anyone dares ask!!
From the mouth of Babes? You Bet!
At the conclusion of WWII, German soldiers were always reminded by their officers that if surrender was in their future, SURRENDER TO THE AMERICANS, not the Russians
nor the French, Americans. Why? Because German soldiers from WWI remembered how American soldiers TREATED THEM and passed on that piece of advice to their fellow comrades.

So Kiddies, keep on asking those hard questions, leave no wiggle room for these professional
liars.... when they DO wiggle, put your foot in their posterior and ASK another question!!!