Cohen faults the senator for opposing some but not all torture, and for engaging in a definitional debate about torture rather than providing a denunciation of its immorality that makes clear he objects to all interrogation practices that violate American values and laws. He makes assumptions about the senator's views and purposes, which he describes as "cagey," and concludes the senator's full record reveals "he was against it before he was for it before he was against it," and exposes the senator as, "a tortured soul."
I served on Sen. McCain's staff during the period when he led opposition in Congress to the Bush administration's interrogation policies. I have better informed and fairer view of his position on torture and his intentions in opposing practices he believes are torture.
Contrary to Cohen's suggestion, the senator's opposition is based in his moral objections to torture, which he is "wholly against ... as a national policy and practice." In every significant statement he has made on the subject, he has made clear he considers all arguments about the efficacy of torture or its military and diplomatic consequences to be of lesser importance than his concern that it represents a terrible betrayal of our moral values. As he has often phrased it, this is not a debate about who they are, but who we are.
He began his op ed and the speech he made in the Senate that same day by refuting former Attorney General Michael Mukasey's recent assertion that the trail to Osama bin Laden began with disclosures obtained by waterboarding Khalid Sheikh Mohammed. Since bin Laden's death, the defenders of "enhanced interrogation techniques" have suggested that the al Qaeda leader wouldn't have been located had not KSM and others been subjected to waterboarding and other abuses.
McCain did not focus his objections to torture on KSM and waterboarding. He simply chose to address the efficacy argument first. He concluded, as he always does, by making a full throated moral argument against all use of torture. And it is his moral objection that was and remains the first principle of his opposition to all torture.
Many in the human rights community played an invaluable role in opposition to the Bush administration's detainee policies. Sen. McCain and his staff worked closely with many of them, both in his effort to pass the Detainee Treatment Act (DTA) in 2005, and in his subsequent effort to strengthen the War Crimes Act in his negotiations with Bush administration officials on the Military Commissions Act (MTA) in 2006. Their forceful advocacy of American values was indispensible to ending those policies. And I think most of them would agree so was Sen. McCain's. They and he helped shape the debate, influence public opinion, and pressure Congress and the administration. But the senator had an additional responsibility as a lawmaker: to help write and pass laws that would prevent the use of torture and cruel, inhuman and degrading treatment on anyone held in U.S. custody.
Cohen claims that McCain helped make the debate about torture a definitional one rather than a moral one. If I understand him correctly, he believes the very act of entering into negotiations with the Bush administration to define torture undermined or betrayed the moral argument against it.
Although I understand why advocates outside government often resent the limitations and compromises inherent in legislating, I am puzzled by Cohen's contention that "Much of the debate over torture is 'definitional' (rather than, say, 'moral') because politicians like Sen. McCain have made it so. Definitions famously allow for leeway, after all, morality famously does not." I'd like to know how Cohen believes the senator could have opposed and tried to stop morally objectionable policies in an administration that disputed their immorality and asserted their legality by means other than defining what is morally objectionable and unlawful.
Cohen believes the only moral course was to insist on using the Army Field Manual's prescriptions for treating detainees. Those prescriptions, too, are definitional. They define what is permissible, and, thus, implicitly, what is morally unobjectionable. In negotiations over the MCA, Sen. McCain sought to define what is morally objectionable and not permissible. He hardly had a choice. In 2006, the debate was entirely about definitions, and the Bush Administration had enough support in Congress to prevent McCain or anyone from compelling it to impose the Army Field Manual's restrictions on CIA interrogators.
The Supreme Court had decided in the Hamdan case that Common Article 3 of the Geneva Conventions applied to all enemy detainees -- and so all interrogation techniques had to comply with it. In order to retain the ability to use the most abusive practices, the Bush administration sought to redefine Common Article 3 in law, and dilute its protections. Before any other member of Congress objected, the Senator announced he would oppose any weakening of the Geneva Conventions. He said at the time that he'd risk his presidential ambitions in order to stop the redefinition of Common Article 3. And he did.
It was clear in 2006 that the administration was going to get a Military Commissions Act. The senator worked hard to ensure it wouldn't get an MCA that weakened the Geneva Conventions (and the War Crimes Act, which criminalizes grave breaches of Common Article 3). McCain passed through the Senate Armed Services Committee legislation that persuaded the administration to negotiate.
The most important concessions he achieved in long and difficult negotiations with the Bush administration, were his amendments to the War Crimes Act. Of those, the hardest was the provision that defined as a grave breach of Common Article 3 any treatment that caused the subject "serious, but non transitory mental harm, (which need not be prolonged)." The defenders of "enhanced interrogation techniques" had insisted that mental harm would have to be severe and prolonged to be illegal.
Cohen would assert this accomplishment could have led to nothing more than a debate over what "serious" and "prolonged" and "non-transitory" mean. But it was clear to Bush administration officials, including Stephen Hadley and Steven Bradbury, who conceded to the senator that the definitions of prosecutable breaches of Common Article 3 had been strengthened and not weakened, and waterboarding and other procedures as brutal or nearly as brutal were now indisputably grave breaches and punishable as war crimes. That's why they asked and the senator agreed that the new definition not be retroactive to protect from prosecution those who used them prior to enactment of the MCA.
That concession and the senator's agreement to allow the CIA to continue interrogating detainees without limiting them strictly to Army Field Manual's regulations were the reasons some human rights advocates objected to the MCA. The senator believes he helped prevent abuses like waterboarding or putting a power drill to a detainee's head, which Cohen refers to, or any practice that would cause serious and not prolonged mental or physical suffering. He stood by the agreement and its compromises when Sen. Diane Feinstein offered legislation to restrict all interrogations to the limits defined in the Army Field Manual, which everyone knew would be vetoed by the Bush Administration -- and was.
You can disagree that his accomplishment justified the compromises he made. You can argue they neglected to make impermissible other morally objectionable practices. He doesn't believe they did, nor do I. You can claim that restricting all interrogations to the procedures permitted in the Army Field Manual would have offered greater assurance that all objectionable policies would end, even though it required a change in administrations to make that happen. Every lawmaker must accept that the compromises required to pass legislation will always invite criticism by those who have the luxury of remaining untainted by practical considerations that are the burden of those who must try to change things through legislation in a divided government.
I don't believe, however, the senator should have his intentions and position maligned with the false claim he hasn't always objected to torture. That's a cheap shot, and certainly undeserved. The senator's objections are as consistent and as deep as Cohen's and longer-standing. More importantly, in the years in question, John McCain did more than Andrew Cohen, or anyone else I can think of, to stop our government from continuing to violate the ideals that are our greatest strength and his lifelong cause.
Orr: “Sometimes a thing happens. Splits your life. There’s a before and after. I got like five of them at this point.”
This was Frank offering a pep talk to the son of his murdered former henchman Stan in tonight’s episode. (More on this in a moment.) But it’s also a line that captures this season of True Detective so perfectly that it almost seems like a form of subliminal self-critique.
Remember when Ray got shot in episode two and appeared to be dead but came back with a renewed sense of purpose and stopped drinking. No? That’s okay. Neither does the show: It was essentially forgotten after the subsequent episode. Remember when half a dozen (or more) Vinci cops were killed in a bloody shootout along with dozen(s?) of civilians? No? Fine: True Detective’s left that behind, too. Unless I missed it, there was not a single mention of this nationally historic bloodbath tonight.
How a radical epilepsy treatment in the early 20th century paved the way for modern-day understandings of perception, consciousness, and the self
In 1939, a group of 10 people between the ages of 10 and 43, all with epilepsy, traveled to the University of Rochester Medical Center, where they would become the first people to undergo a radical new surgery.
The patients were there because they all struggled with violent and uncontrollable seizures. The procedure they were about to have was untested on humans, but they were desperate—none of the standard drug therapies for seizures had worked.
Between February and May of 1939, their surgeon William Van Wagenen, Rochester’s chief of neurosurgery, opened up each patient’s skull and cut through the corpus callosum, the part of the brain that connects the left hemisphere to the right and is responsible for the transfer of information between them. It was a dramatic move: By slicing through the bundle of neurons connecting the two hemispheres, Van Wagenen was cutting the left half of the brain away from the right, halting all communication between the two.
Educators seldom have enough time to do their business. What’s that doing to the state of learning?
It’s common knowledge that teachers today are stressed, that they feel underappreciated and disrespected, and disillusioned. It’s no wonder they’re ditching the classroom at such high rates—to the point where states from Indiana to Arizona to Kansas are dealing with teacher shortages. Meanwhile, the number of American students who go into teaching is steadily dropping.
A recent survey conducted jointly by the American Federation of Teachers and Badass Teachers Association asked educators about the quality of their worklife, and it got some pretty harrowing feedback. Just 15 percent of the 30,000 respondents, for example, strongly agreed that they’re enthusiastic about the profession. Compare that to the roughly 90 percent percent who strongly agreed that they were enthusiastic about it when they started their career, and it’s clear that something has changed about schools that’s pushing them away. Roughly three in four respondents said they “often” feel stressed by their jobs.
A controversial treatment shows promise, especially for victims of trauma.
It’s straight out of a cartoon about hypnosis: A black-cloaked charlatan swings a pendulum in front of a patient, who dutifully watches and ping-pongs his eyes in turn. (This might be chased with the intonation, “You are getting sleeeeeepy...”)
Unlike most stereotypical images of mind alteration—“Psychiatric help, 5 cents” anyone?—this one is real. An obscure type of therapy known as EMDR, or Eye Movement Desensitization and Reprocessing, is gaining ground as a potential treatment for people who have experienced severe forms of trauma.
Here’s the idea: The person is told to focus on the troubling image or negative thought while simultaneously moving his or her eyes back and forth. To prompt this, the therapist might move his fingers from side to side, or he might use a tapping or waving of a wand. The patient is told to let her mind go blank and notice whatever sensations might come to mind. These steps are repeated throughout the session.
Has the Obama administration’s pursuit of new beginnings blinded it to enduring enmities?
“The president said many times he’s willing to step out of the rut of history.” In this way Ben Rhodes of the White House, who over the years has broken new ground in the grandiosity of presidential apologetics, described the courage of Barack Obama in concluding the Joint Comprehensive Plan of Action with the Islamic Republic of Iran, otherwise known as the Iran deal. Once again Rhodes has, perhaps inadvertently, exposed the president’s premises more clearly than the president likes to do. The rut of history: It is a phrase worth pondering. It expresses a deep scorn for the past, a zeal for newness and rupture, an arrogance about old struggles and old accomplishments, a hastiness with inherited precedents and circumstances, a superstition about the magical powers of the present. It expresses also a generational view of history, which, like the view of history in terms of decades and centuries, is one of the shallowest views of all.
Companies that overvalue alpha-male behavior need to change—both to retain female talent and for the bottom line.
When it comes to gender equality in the workplace, the research on its economic benefits is clear: Equality can boost profits and enhance reputation. And then there’s also the fact that it’s more fair. But the progress of women in the workplace is so far inadequate: Women are woefully underrepresented in executive positions, the pay gap persists, and the motherhood penalty is very real.
Barbara Annis is the founder of the Gender Intelligence Group, a consultancy that works with executives at major firms (including Deloitte, American Express, BMO Financial Group, and eBay) to create strategies to transform their work cultures into ones that are friendly to both men and women.
I recently spoke with Annis about her work and the challenges to achieving gender parity. The following transcript of our conversation has been edited for clarity.
The Islamic State is no mere collection of psychopaths. It is a religious group with carefully considered beliefs, among them that it is a key agent of the coming apocalypse. Here’s what that means for its strategy—and for how to stop it.
What is the Islamic State?
Where did it come from, and what are its intentions? The simplicity of these questions can be deceiving, and few Western leaders seem to know the answers. In December, The New York Times published confidential comments by Major General Michael K. Nagata, the Special Operations commander for the United States in the Middle East, admitting that he had hardly begun figuring out the Islamic State’s appeal. “We have not defeated the idea,” he said. “We do not even understand the idea.” In the past year, President Obama has referred to the Islamic State, variously, as “not Islamic” and as al-Qaeda’s “jayvee team,” statements that reflected confusion about the group, and may have contributed to significant strategic errors.
Exceptional nonfiction stories from 2014 that are still worth encountering today
Each year, I keep a running list of exceptional nonfiction that I encounter as I publish The Best ofJournalism, an email newsletter that I send out once or twice a week. This is my annual attempt to bring some of those stories to a wider audience. I could not read or note every worthy article that was published last calendar year and I haven't included any paywalled articles or anything published at The Atlantic. But everything that follows is worthy of wider attention and engagement.
Millions of workers now go it alone—who will provide them with basic labor protections?
When Sara Horowitz founded the Freelancers Union in 1995, there was already evidence that the structure of people's work lives was changing.
Publishing and media jobs had started to move to more project-based work. Horowitz, a union organizer and labor lawyer by training, assumed that other industries would follow. As an expert in labor unions, she thought “it was really important to start thinking about how people [can] come together” to change laws and public policy, so that freelancers can obtain job-related “benefits—and community.”
Today, the Brooklyn-based Freelancers Union boasts nearly 300,000 members, having quadrupled in numbers in just seven years. Freelancers in the union include technology consultants, copywriters, web designers, visual artists, business-development consultants, journalists, and professional coaches. They live all over the country, with concentrations in New York, New Jersey, and California.
What Westerners migrating to ISIS have in common with Westerners who sympathized with communism
In Political Pilgrims, the sociologist Paul Hollander exposes and excoriates the mentality of a certain kind of Western intellectual, who, such is the depth of his estrangement or alienation from his own society, is predisposed to extend sympathy to virtually any opposing political system.
The book is about the travels of 20th-century Western intellectuals to the Soviet Union, China, and Cuba, and how these political travelers were able to find in such repressive countries a model of “the good society” in which they could invest their brightest hopes. Hollander documents in relentless and mortifying detail how this utopian impulse, driven by a deep discontent with their own societies, led them to deny or excuse the myriad moral defects of the places they visited.