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.
The American republic was long safeguarded by settled norms, now shattered by the rise of Donald Trump.
A long time ago, more than 20 years in fact, the Wall Street Journal published a powerful, eloquent editorial, simply headlined: “No Guardrails.”
In our time, the United States suffers every day of the week because there are now so many marginalized people among us who don't understand the rules, who don't think that rules of personal or civil conduct apply to them, who have no notion of self-control.
Twenty years later, that same newspaper is edging toward open advocacy in favor of Donald Trump, the least self-controlled major-party candidate for high office in the history of the republic. And as he forged his path to the nomination, he snapped through seven different guardrails, revealing how brittle the norms that safeguard the American republic had grown.
Interbreeding with our fellow hominins appears to have helped humans survive harsh climates.
Early human history was a promiscuous affair. As modern humans began to spread out of Africa roughly 50,000 years ago, they encountered other species that looked remarkably like them—the Neanderthals and Denisovans, two groups of archaic humans that shared an ancestor with us roughly 600,000 years earlier. This motley mix of humans coexisted in Europe for at least 2,500 years, and we now know that they interbred, leaving a lasting legacy in our DNA. The DNA of non-Africans is made up of roughly 1 to 2 percent Neanderthal DNA, and some Asian and Oceanic island populations have as much as 6 percent Denisovan DNA.
Science says lasting relationships come down to—you guessed it—kindness and generosity.
Every day in June, the most popular wedding month of the year, about 13,000 American couples will say “I do,” committing to a lifelong relationship that will be full of friendship, joy, and love that will carry them forward to their final days on this earth.
Except, of course, it doesn’t work out that way for most people. The majority of marriages fail, either ending in divorce and separation or devolving into bitterness and dysfunction. Of all the people who get married, only three in ten remain in healthy, happy marriages, as psychologist Ty Tashiro points out in his book The Science of Happily Ever After, which was published earlier this year.
Social scientists first started studying marriages by observing them in action in the 1970s in response to a crisis: Married couples were divorcing at unprecedented rates. Worried about the impact these divorces would have on the children of the broken marriages, psychologists decided to cast their scientific net on couples, bringing them into the lab to observe them and determine what the ingredients of a healthy, lasting relationship were. Was each unhappy family unhappy in its own way, as Tolstoy claimed, or did the miserable marriages all share something toxic in common?
A new report estimates nearly 46 million people live in contemporary slavery, more than half of them in five countries.
This year, researchers surveyed residents of 15 states in India and asked them what it is like to live in conditions of contemporary slavery—the term used to describe human trafficking, forced labor, sexual exploitation, and other forms of illegal enslavement in the 21st century.
“I was physically and sexually assaulted when I was working in the field. I had also threat on my life and on my family,” said one unnamed person who was in bonded labor, a type of exploitation in which people are forced to work to repay debt, real or assumed. Another person, who was made a street beggar, said: “Though I am begging I am not paid a single amount. I have to deposit all to them. I am deprived of food and good sleep.”
Outrage over transgender bathroom use is just the beginning of a long conflict over what it means to be men and women.
In April, the state of Mississippi did something unusual. It made the definition of man and woman a matter of law: “Male (man) or female (woman) refer to an individual’s immutable biological sex as objectively determined by anatomy and genetics at time of birth.”
The Magnolia state is not alone in grappling with the meaning of gender and sex. This spring, after North Carolina’s legislature ordered public agencies and local school boards to allow people to use only public bathrooms that correspond to their biological sex at birth, the U.S. Department of Justice announced it is suing the state. A similar bathroom bill was passed and vetoed earlier this spring in South Dakota. And the people of Washington will vote on a bathrooms ballot initiative in November.
Oregon, one of the whitest states in the union, also has one of the most generous safety nets. Is that a coincidence or something more troubling?
SALEM, Oregon—In much of the country, poor people are finding that there are fewer and fewer government benefits available to help them stay afloat. But here in this progressive corner of the Northwest, the poor can access an extensive system of state-sponsored supports and services.
In Oregon, a higher share of poor families is on welfare (now called TANF, or Temporary Aid to Needy Families) than in most states. The state has some of the highest food-stamp uptake in the country. It subsidizes childcare for working parents, asking the poorest of them to contribute as little as $27 a month. It helps people get off of welfare by linking them to employment and paying their wages for up to six months, and then allows them to continue to receive food stamps as they transition to higher wages. Families can be on welfare for up to 60 months, as opposed to 24 months in many other states, and once the parents are cut off due to time limits, their children can still continue to receive aid.
He lives near San Francisco, makes more than $50,000 per year, and is voting for the billionaire to fight against political correctness.
For several days, I’ve been corresponding with a 22-year-old Donald Trump supporter. He is white, has a bachelor’s degree, and earns $50,000 to $60,000 per year.
He lives near San Francisco.
“I recently became engaged to my Asian fiancée who is making roughly 3 times what I make, and I am completely supportive of her and proud she is doing so well,” he wrote. “We’ve both benefitted a lot from globalization. We are young, urban, and have a happy future planned. We seem molded to be perfect young Hillary supporters,” he observed, “but we're not. In 2016, we're both going for Trump.”
At first, we discussed Bill Clinton.
Last week, I wrote an article asking why Trump supporters aren’t bothered that their candidate called Clinton a shameful abuser of women who may well be a rapist. After all, Trump used to insist that Clinton was a victim of unfair treatment during his sex scandals. Either Trump spent years defending a man that he believed to be a sexual predator, even welcoming him as a guest at his wedding, or Trump is now cynically exploiting a rape allegation that he believes to be false.
Finally, an explanation for Bitchy Resting Face Nation
Here’s something that has always puzzled me, growing up in the U.S. as a child of Russian parents. Whenever I or my friends were having our photos taken, we were told to say “cheese” and smile. But if my parents also happened to be in the photo, they were stone-faced. So were my Russian relatives, in their vacation photos. My parents’ high-school graduation pictures show them frolicking about in bellbottoms with their young classmates, looking absolutely crestfallen.
It’s not just photos: Russian women do not have to worry about being instructed by random men to “smile.” It is Bitchy Resting Face Nation, seemingly forever responding “um, I guess?” to any question the universe might pose.
This does not mean we are all unhappy! Quite the opposite: The virile ruler, the vodka, the endless mounds of sour cream—they are pleasing to some. It’s just that grinning without cause is not a skill Russians possess or feel compelled to cultivate. There’s even a Russian proverb that translates, roughly, to “laughing for no reason is a sign of stupidity.”
For 50 years, Bassick High School in Bridgeport, Connecticut has been neglected and underfunded—despite being just a few miles from extreme wealth.
BRIDGEPORT, Conn.—The inequalities that afflict Connecticut’s largest city have been evident since 1961, when the veteran journalist Nancy Hendrick wrote a blistering column in the Bridgeport Sunday Herald.
“[F]or quite a few years now not enough people in Washington have cared what's happening here—and in a hundred other Bridgeports across the country,” she wrote. “What frustrates us is that in this crowded, unplanned, unlovely city, there is so much to be done that no one can tell where to start.”
Later that week, The Connecticut Post reported that when state educators came to Bridgeport to evaluate Bassick High School, they praised the teachers but balked at the city’s lack of financial support—noting that students were forced to pay for their own books, science equipment, globes, and maps.
A real-time chronicle of Donald Trump’s unpresidential statements.
People will look back on this era in our history, to see what was known about Donald Trump while Americans were deciding whether to choose him as president. Here’s a running chronicle from James Fallows on the ways in which Trump has been unpresidential in an unprecedented way, and of the evidence available to voters as they make their choice. (If you’d like to flag examples to include, please let us know.)