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 president laid out 18 promises in a “Contract With the American Voter,” but he only managed to check off a handful by Monday.
“On Day One.” The notion of immediately turning the page on policy is a staple of presidential transitions, from Franklin Roosevelt’s “first 100 days” on, but Donald Trump made the promise of things he’d get done on his first day in the White House into a special mantra throughout the campaign.
The full list, as Tim Murphy chronicled, included some things that were either wildly implausible and evidently figurative, or things that are impossible to assess. (How would you “fix” the Veterans Affairs Department on Day One? What does it mean to start taking care of the military?) But Trump also laid out a set of 18 specific, discrete promises for his first day in office in what he called a “Contract With the American Voter.” So how did he do?
The president declared his own inauguration a national holiday. But the language he used says something more.
You could be forgiven for forgetting the National Day of Patriotic Devotion—technically, it happened before it was ever declared. Donald Trump established it with a stroke of a pen sometime after his inauguration; the official proclamation appeared Monday in the Federal Register.
That bit isn’t all that unusual. Presidents christen National Days Of Things all the time. President Barack Obama, for example, proclaimed the day of his own inauguration in 2009 a “National Day of Renewal and Reconciliation,” calling “upon all of our citizens to serve one another and the common purpose of remaking this Nation for our new century.” He annually declared September 11 to be “Patriot Day.” But “Patriotic Devotion” strikes a different note—flowery, vaguely compulsory.
A No. 1 bestseller by a respected physician argues that gluten and carbohydrates are at the root of Alzheimer's disease, anxiety, depression, and ADHD. What to make of the controversial theory?
“If you could make just three simple changes in your life to prevent, or even reverse, memory loss and other brain disorders, wouldn’t you?”
So asks Dr. David Perlmutter, in promotion of his PBS special Brain Change, coming soon to your regional affiliate. Three changes. Simple ones. Wouldn’t you?
The 90-minute special is a companion to Perlmutter’s blockbuster book on how gluten and carbs are destroying our brains. In November it became a New York Times number one bestseller. Since its September release, as Perlmutter told me, “It’s never not been on the bestseller list, frankly.”
“Is it still number one?” I asked. A pause over the phone as he checked. In modern interview style, we were both also on our computers.
One of the women who accused Trump of sexual misconduct has sued him for defamation after he labeled her claims false.
Donald Trump is now president and not just a private citizen, but that doesn’t mean he’s free of the controversies that dogged him in his former life.
Last week, a few days before Trump’s inauguration, former Apprentice contestant Summer Zervos sued him in New York state, accusing the president of defamation. Zervos, who’s represented by the famous lawyer Gloria Allred, was one of the several women who accused Trump of sexual assault or misconduct prior to the election. She claims that he kissed her and pressed his genitals against her non-consensually. Trump denied those claims, saying all of the women who had accused him had made their stories up. So Zervos sued him for defamation.
“I wanted to give Mr. Trump the opportunity to retract his false statements about me and the other women who came forward,” she said, as my colleague Nora Kelly reported. She added that she would withdraw the suit if Trump said she had been truthful. That seems unlikely, since a spokeswoman dismissed the suit immediately.
With a penstroke, President Trump withdrew the U.S. from Trans-Pacific Partnership, imposed a federal hiring freeze, and reinstated the ‘Mexico City policy’ on defunding international abortion-related services.
President Trump marked his first full business day in office with three major executive orders, each one aimed at fulfilling campaign promises he made last year.
His most significant order immediately withdrew the U.S. from the Trans-Pacific Partnership, a multilateral free-trade agreement between the U.S. and eleven other Pacific Rim countries. The pact, aimed at counterbalancing China’s growing economic clout in east Asia, was among the Obama administration’s signature foreign policy achievements and a cornerstone of the pivot to Asia.
But the agreement also drew its share of domestic criticism on both sides of the campaign aisle. Both Democratic nominee Hillary Clinton, who initially supported it, and her primary rival Bernie Sanders criticized the pact for not doing enough to support American workers. Trump was among its most vociferous critics, at one point calling it “a continuing rape of our country.”
The HBO documentary delves into the disturbing 2014 case of two Wisconsin girls who say they stabbed their friend to appease a bogeyman-like figure.
One late spring day in 2014, three girls entered the woods in Waukesha, Wisconsin. Two walked out unharmed. A 911 call made not long after revealed the hazy outline of a vicious attack—one of the girls had been found by the side of the road covered in blood, having crawled there to get help. In the days and weeks that followed, details emerged that were no less disturbing: The three girls, all 12 years old, were best friends. The victim had been stabbed 19 times with a 5-inch blade and had barely survived. After being taken into police custody, the other two girls told interrogators what had happened: They had lured their friend into the woods to kill her so that they could appease someone called Slenderman.
Narcissism, disagreeableness, grandiosity—a psychologist investigates how Trump’s extraordinary personality might shape his possible presidency.
In 2006, Donald Trump made plans to purchase the Menie Estate, near Aberdeen, Scotland, aiming to convert the dunes and grassland into a luxury golf resort. He and the estate’s owner, Tom Griffin, sat down to discuss the transaction at the Cock & Bull restaurant. Griffin recalls that Trump was a hard-nosed negotiator, reluctant to give in on even the tiniest details. But, as Michael D’Antonio writes in his recent biography of Trump, Never Enough, Griffin’s most vivid recollection of the evening pertains to the theatrics. It was as if the golden-haired guest sitting across the table were an actor playing a part on the London stage.
“It was Donald Trump playing Donald Trump,” Griffin observed. There was something unreal about it.
Saturday’s unprecedented show of opposition punctured a core myth of the Trump presidency. Will it change his behavior? And can it be sustained?
George W. Bush campaigned as a uniter, not a divider, then presided for eight polarizing years, provoking protests like the one against the Iraq War on February 15, 2003, that sent hundreds of thousands of Americans into the streets of major cities. Those protests stopped neither the Iraq War nor the reelection of the president.
Months after Barack Obama was sworn in, on April 15, 2009, protesters associated with the Tea Party held rallies in 350 cities, attracting more than 300,000 Americans. They were angry about the financial crisis, the Bush administration’s response to it, and the progressive agenda of the polarizing new president and Congress. The following year, 84 Republican freshmen joined the House during the 2010 midterms. By 2012, the Tea Party had fueled victories for politicians including Rand Paul, Mike Lee, Marco Rubio, Ted Cruz, Scott Brown, and Nikki Haley. President Obama’s ability to advance a domestic agenda was all but finished, though he retained enough popularity to be reelected easily in the 2012 campaign.
The president has reinstated a contentious policy that blocks funding to international family-planning organizations unless they agree not to promote abortion.
On Monday, just days after hundreds of thousands of women marched on Washington, as well as in hundreds of cities around the nation and the world, to call for, among other issues, the protection of women’s reproductive rights, President Donald Trump signed offon the first anti-abortion policy of his term.
It was expected: Almost immediately upon entering office, every new administration since 1984 has repealed or reinstated, according to its party’s position on abortion rights, a rule that prohibits foreign organizations that receive U.S. family-planning funds “from providing counseling or referrals for abortion or advocating for access to abortion services in their country.”
This rule, known as the Mexico City policy, blocks U.S. family-planning assistance to these groups, even if their abortion-related activities—including information, referrals, or services—are conducted with non-U.S. funds. Opponents to the restriction have dubbed it the “Global Gag Rule” because it hinders communication between health-care providers and patients.