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.
Black poverty is fundamentally distinct from white poverty—and so cannot be addressed without grappling with racism.
There have been a number of useful entries in the weeks since Senator Bernie Sanders declared himself against reparations. Perhaps the most clarifying comes from Cedric Johnson in a piece entitled, “An Open Letter To Ta-Nehisi Coates And The Liberals Who Love Him.” Johnson’s essay offers those of us interested in the problem of white supremacy and the question of economic class the chance to tease out how, and where, these two problems intersect. In Johnson’s rendition, racism, in and of itself, holds limited explanatory power when looking at the socio-economic problems which beset African Americans. “We continue to reach for old modes of analysis in the face of a changed world,” writes Johnson. “One where blackness is still derogated but anti-black racism is not the principal determinant of material conditions and economic mobility for many African Americans.”
As Coldplay blandly strained for the universal, she and Bruno Mars pulled off something more specific and more daring.
What a perfect Beyoncésong name: “Formation.” All great pop involves people acting in formation. So does all great change. And while fans scream that Beyoncé’s a “queen” and “goddess,” her core appeal really is as a drill sergeant. With Beyoncé in command, greatness is scalable, achievable, for the collective. Everyone waves their hands to the same beat. Everyone walks around like they have hot sauce in their bag.
But in pop and in politics, “everyone” is a loaded term. Stars as ubiquitous as Beyoncé have haters, the “albino alligators” who “Formation” informs us she twirls upon. And in a more general historical sense, “everyone” can be a dangerous illusion that elevates one point of view as universal while minimizing others. Beyoncé gets all of this, it seems. As a pop star, she surely wants to have as broad a reach as possible. But as an artist, she has a specific message, born of a specific experience, meaningful to specific people. Rather than pretend otherwise, she’s going to make art about the tension implied by this dynamic. She’s going to show up to Super Bowl with a phalanx of women dressed as Black Panthers.
Most people in the U.S. believe their country is going to hell. But they’re wrong. What a three-year journey by single-engine plane reveals about reinvention and renewal.
When news broke late last year of a mass shooting in San Bernardino, California, most people in the rest of the country, and even the state, probably had to search a map to figure out where the city was. I knew exactly, having grown up in the next-door town of Redlands (where the two killers lived) and having, by chance, spent a long period earlier in the year meeting and interviewing people in the unglamorous “Inland Empire” of Southern California as part of an ongoing project of reporting across America.
Some of what my wife, Deb, and I heard in San Bernardino before the shootings closely matched the picture that the nonstop news coverage presented afterward: San Bernardino as a poor, troubled town that sadly managed to combine nearly every destructive economic, political, and social trend of the country as a whole. San Bernardino went into bankruptcy in 2012 and was only beginning to emerge at the time of the shootings. Crime is high, household income is low, the downtown is nearly abandoned in the daytime and dangerous at night, and unemployment and welfare rates are persistently the worst in the state.
Will the Democratic Party nominate a candidate who hasn’t been a member of their party, and who has long denounced it?
When a party chooses its presidential candidate, it also chooses its party leader in the election. This year the Democrats face an unusual situation. Bernie Sanders isn’t just an outsider to the party establishment; he’s not even been a member of the party, and has long excoriated it in unsparing language. Although the media haven’t much focused on this history, the early signs suggest it could become a problem for Sanders in getting the nomination—and a problem for the party if he does get it.
According to the entrance polls at the Iowa caucuses, there was a 30-percentage-point split between self-identified Democrats and independents in their support for Sanders. Hillary Clinton won 56 percent of self-identified Democrats but only 26 percent of independents, while Sanders won only 39 percent of Democrats but 69 percent of independents.
For decades the Man of Steel has failed to find his groove, thanks to a continual misunderstanding of his strengths.
Superman should be invincible. Since his car-smashing debut in 1938, he’s starred in at least one regular monthly comic, three blockbuster films, and four television shows. His crest is recognized across the globe, his supporting cast is legendary, and anybody even vaguely familiar with comics can recount the broad strokes of his origin. (The writer Grant Morrison accomplished it in eight words: “Doomed Planet. Desperate Scientists. Last Hope. Kindly Couple.”) He’s the first of the superheroes, a genre that’s grown into a modern mass-media juggernaut.
And yet, for a character who gains his power from the light of the sun, Superman is curiously eclipsed by other heroes. According to numbers provided by Diamond Distributors, the long-running Superman comic sold only 55,000 copies a month in 2015, down from around 70,000 in 2010—a mediocre showing even for the famously anemic comic-book market. That’s significantly less than his colleague Batman, who last year moved issues at a comparatively brisk 150,000 a month. Mass media hasn’t been much kinder: The longest-running Superman television show, 2001’s Smallville, kept him out of his iconic suit for a decade. Superman Returns recouped its budget at the box office, but proved mostly forgettable.2013’s Man of Steel drew sharp criticism from critics and audiences alike for its bleak tone and rampaging finale. Trailers for the sequel, Batman v Superman: Dawn of Justice, have shifted the focus (and top billing) to the Dark Knight. Worst of all, conventional wisdom puts the blame on Superman himself. He’s boring, people say; he’s unrelatable, nothing like the Marvel characters dominating the sales charts and the box office. More than anything, he seems embarrassing. Look at him. Truth? Justice? He wears his underwear on the outside.
The trust people tend to feel toward others in the same ethnic, racial, and political groups makes them easy targets for scammers.
Last week’s ABC mini-series chronicled the most famous financial fraud in recent American history: Bernard Madoff’s $50 billion Ponzi scheme, which devastated elite institutions and families of the American Jewish community. The scale of Madoff’s crimes was breathtaking. There’s much to be said about his crimes—not least about the incompetence of the regulatory apparatus that failed to stop him despite repeated warnings and what researchers Greg Gregoriou and Francois Lhabitant quite appropriately called “a riot of red flags” over many years.
The insects are miniature transformers that can compress to half their size and still run really fast. The creepy little buggers might even inspire a new generation of search and rescue robots.
Cockroaches get everywhere. There they are, somehow, against all odds, in that room that looked to be totally sealed from the outside world, in that cupboard you swore was tightly shut. Now, Kaushik Jayaram and Robert Full from the University of California, Berkeley have discovered the secret behind their feats of infiltration.
By confronting American cockroaches with an ever-narrower series of crevices, the duo found that although this insect typically stands 12 millimeters tall, it can squeeze through gaps of 3 millimeters—the height of two stacked U.S. pennies. It does this by squatting down and then compressing its body by half. It is the world’s worst Transformer: instantly changing shape from a cockroach into a much flatter cockroach. Delightful.
A photo series reveals what expectant mothers in various countries bring with them to the hospital.
For most expecting mothers in the Western world, a hospital bag is something that makes the birthing process marginally more comfortable. You’ve just brought a new being into the world; you deserve to wear your own sweatpants.
But in some parts of the world, hospitals are so bare-bones that women in labor must tote everything with them, from rubber gloves to water pans to gauze.
To draw attention to the difficulty of giving birth in regions where water is scarce, the organization WaterAid recently dispatched photographers to ask expecting and brand-new moms in various countries to open up their hospital bags. Here are their photos, as well as lightly edited interviews with the moms conducted by WaterAid.
The former president’s heated assault on Bernie Sanders is a reminder of how the Clintons have long reacted to any opposition.
One of my oldest Hillary Clinton memories: Twenty-six years ago, I stood in the second-floor rotunda of the Arkansas Capitol half-listening to a news conference by Tom McRae, an earnest Democrat challenging Governor Bill Clinton for re-election. Then I heard it: Click. Clack. Click. Clack. Click. Clack.
The sound of Hillary Clinton’s low-heeled shoes on a hidden marble hallway jarred McRae, who in 1990 was Bill Clinton’s biggest obstacle to a fifth term and a presidential bid two years later. The first lady of Arkansas rounded the corner and stormed his news conference. “Tom!” she shouted. “I think we oughta get the record straight!”
Waving a sheaf of papers, Hillary Clinton undercut McRae’s criticism of her husband’s record by pointing to McRae’s past praise of the governor. It was a brutal sandbagging. “Many of the reports you issued not only praise the governor on his environmental record,” she said, “but his education and his economic record!”
The show will be remembered as one of the last great network-TV dramas—and it’ll get to go out on its own terms.
When The Good Wife debuted on CBS in 2009, it was mostly dismissed as salacious fluff that traded its marketing on a single image ripped from the headlines: the wounded wife of a politician standing by him as he confessed to an affair. But it immediately broke free from that pigeonhole, and over the last seven years has been one of network television’s most audacious delights. It’s a legal drama wrapped in a political thriller balanced on well-drawn romances, an ensemble piece with one of the best casts on television, centered around a dynamic lead performance from Julianna Margulies. But it’s time for it to end.
On CBS’s Super Bowl broadcast Sunday night, the network made it official with a commemorative commercial: The Good Wife’s current season will be its last. The show’s creators, Robert and Michelle King, had already announced they’d be leaving after season seven, but CBS had hinted the show might live on without them. Still, it’s better this way. The classic network model, particularly for the kinds of case-of-the-week dramas CBS favors, has always favored the product over the process—hits like NCIS, Blue Bloods, and Criminal Minds can last forever in the hands of a rotating stable of writers. But The Good Wife has always been a special case, stringing together complex, multi-season plotting that required thorough viewer investment—all on a network that favors simplistic storytelling. Without the Kings, the show would have lost the inimitable sense of authorship that helped it succeed in the first place.