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: “It’s a pleasure to meet you, Your Grace. My name is Tyrion Lannister.”
At last! I know I speak for quite a few book readers when I say that pretty much the only thing that kept me going through the eleventy thousand discursive, digressive pages of George R. R. Martin’s fifth tome, A Dance With Dragons, was the promise of Tyrion finally meeting up with Daenerys Targaryen. And, of course, after eleventy thousand pages, it never happened. So on behalf of myself and everyone else who sacrificed sleep, work, family, and friends waiting for this moment, let me say thank you, David Benioff and D. B. Weiss. Bonus points for what seemed to be a cameo by Strong Belwas (a book character who was written out of the show) as the nameless fighter who freed Tyrion from his chains.
The country’s political dysfunction has undermined all efforts to build an effective fighting force.
The Obama administration has run out of patience with Iraq’s Army. On Sunday, Secretary of Defense Ashton Carter appeared on CNN’s “State of the Union” to discuss the recent fall of Ramadi, one of Iraq’s major cities, to ISIS. Despite possessing substantial advantages in both numbers and equipment, he said, the Iraqi military was unable to prevent ISIS forces from capturing the city.
“That says to me and, I think, to most of us, that we have an issue with the will of the Iraqis to fight ISIL and defend themselves.”
Carter’s frustrations are shared by his boss. When asked about the war against ISIS in a recent interview with TheAtlantic’s Jeffrey Goldberg, President Obama said that “if the Iraqis are not willing to fight for the security of their country, then we cannot do it for them.”
New research confirms what they say about nice guys.
Smile at the customer. Bake cookies for your colleagues. Sing your subordinates’ praises. Share credit. Listen. Empathize. Don’t drive the last dollar out of a deal. Leave the last doughnut for someone else.
Sneer at the customer. Keep your colleagues on edge. Claim credit. Speak first. Put your feet on the table. Withhold approval. Instill fear. Interrupt. Ask for more. And by all means, take that last doughnut. You deserve it.
Follow one of those paths, the success literature tells us, and you’ll go far. Follow the other, and you’ll die powerless and broke. The only question is, which is which?
Of all the issues that preoccupy the modern mind—Nature or nurture? Is there life in outer space? Why can’t America field a decent soccer team?—it’s hard to think of one that has attracted so much water-cooler philosophizing yet so little scientific inquiry. Does it pay to be nice? Or is there an advantage to being a jerk?
Lindsey Graham’s comments about Iranians confirm that some prejudices remain acceptable within the 2016 Republican field.
In important ways, America in recent years has become a less bigoted country. In today’s U.S. Senate, there is no equivalent to Jesse Helms, who during his 1984 reelection race filibustered a federal holiday for Martin Luther King and his 1990 reelection race aired an ad showing a pair of white hands crumpling a job rejection letter as the narrator declared that “they had to give it to a minority because of a racial quota.”
In today’s Republican presidential field, there is no equivalent to Pat Buchanan, who won the 1996 New Hampshire primary after having asked, “Who speaks for the Euro-Americans who founded the U.S.A.?” and having declared that “women are simply not endowed by nature with the same measures of single-minded ambition and the will to succeed in the fiercely competitive world of Western capitalism …. The momma bird builds the nest. So it was, so it ever shall be.” Even the politicians who still wish to deny gays and lesbians equal-marriage rights now insist desperately that they harbor them no malice.
For many intellectually disabled people, large campuses or farmsteads may be better options than small group homes. But new state laws could make it hard for big facilities to survive.
In December 2014, I watched 24-year-old Andrew Parles fit wood shapes into a simple puzzle in the new vocational building at the Bancroft Lakeside Campus, a residential program in New Jersey that serves 47 adults with autism and intellectual disabilities. The task wasn’t challenging for Andrew, but his team was taking it slow: Andrew was still recovering from surgery after detaching his own retinas through years of self-injurious behavior. A staff member stood nearby—not hovering, exactly, but close enough to intervene if Andrew suddenly started to hit himself in the head. His mother, Lisa, was hopeful that he’d soon able to participate in the programs he had enjoyed before his surgery: working in Lakeside’s greenhouse, painting in the art studio, delivering food for Meals on Wheels.
Some fans are complaining that Zack Snyder’s envisioning of the Man of Steel is too grim—but it’s less a departure than a return to the superhero’s roots.
Since the official teaser trailer for Batman v Superman: Dawn of Justice debuted online in April, fans and critics alike have been discussing the kind of Superman Zack Snyder is going to depict in his Man of Steel sequel. The controversy stems from Snyder’s decision to cast Superman as a brooding, Dark Knight-like character, who cares more about beating up bad guys than saving people. The casting split has proved divisive among Superman fans: Some love the new incarnation, citing him as an edgier, more realistic version of the character.
But Snyder’s is a different Superman than the one fans grew up with, and many have no problem expressing their outrage over it. Even Mark Waid, the author of Superman: Birthright (one of the comics the original film is based on), voiced his concern about Man of Steel’s turn toward bleakness when it came out in 2013:
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.
Changing neighborhoods may be a class issue, but in America, that means it's also a racial one.
Ask city-dwellers to describe what, precisely, gentrification is you’ll get an array of answers. The term is a murky one, used to describe the many different ways through which money and development enter poorer or less developed neighborhoods, changing them both economically and demographically.
For some, gentrification and gentrifiers are inherently bad—pushing out residents who are often older, poorer, and darker than the neighborhood’s new occupants. For others, a new group of inhabitants brings the possibility of things residents have long hoped for, better grocery stores, new retail, renovations, and an overall revitalization that often eludes low-income neighborhoods.
Video of the encounter suggests another instance of needless escalation and excessive force.
When the Border Patrol stopped Jessica A. Cooke at a checkpoint, the 21-year-old was about to earn her degree in law-enforcement leadership from New York’s public-university system. Due to her course work, she knew her rights as an American. She chose to complain when her rights were violated. And, as a result of that decision, the unarmed woman was pushed, thrown against her car, and tased.
The Watertown Daily Timestells her story, but there’s no substitute for watching the altercation that left her on the ground screaming in pain and incomprehension:
Cooke is an American citizen. The Border Patrol stopped her inside the United States. Although she was close to the Canadian border, she had not crossed into that country. And she produced a New York state driver’s license to confirm her identity. Even if one believes that the Border Patrol ought to operate internal checkpoints within the United States—which I do not—showing a valid I.D. ought to be enough to allow motorists to proceed.
In an interview, the U.S. president ties his legacy to a pact with Tehran, argues ISIS is not winning, warns Saudi Arabia not to pursue a nuclear-weapons program, and anguishes about Israel.
On Tuesday afternoon, as President Obama was bringing an occasionally contentious but often illuminating hour-long conversation about the Middle East to an end, I brought up a persistent worry. “A majority of American Jews want to support the Iran deal,” I said, “but a lot of people are anxiety-ridden about this, as am I.” Like many Jews—and also, by the way, many non-Jews—I believe that it is prudent to keep nuclear weapons out of the hands of anti-Semitic regimes. Obama, who earlier in the discussion had explicitly labeled the supreme leader of Iran, Ayatollah Ali Khamenei, an anti-Semite, responded with an argument I had not heard him make before.
“Look, 20 years from now, I’m still going to be around, God willing. If Iran has a nuclear weapon, it’s my name on this,” he said, referring to the apparently almost-finished nuclear agreement between Iran and a group of world powers led by the United States. “I think it’s fair to say that in addition to our profound national-security interests, I have a personal interest in locking this down.”