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'If the detainee dies, you're doing it wrong'

Following up on an earlier item, yesterday was not an encouraging day for those who still take U.S. torture policy seriously.

A senior CIA lawyer advised Pentagon officials about the use of harsh interrogation techniques on detainees at Guantanamo Bay in a meeting in late 2002, defending waterboarding and other methods as permissible despite U.S. and international laws banning torture, according to documents released yesterday by congressional investigators.

Torture “is basically subject to perception,” CIA counterterrorism lawyer Jonathan Fredman told a group of military and intelligence officials gathered at the U.S.-run detention camp in Cuba on Oct. 2, 2002, according to minutes of the meeting. “If the detainee dies, you’re doing it wrong.”

The document, one of two dozen released by a Senate panel investigating how Pentagon officials developed the controversial interrogation program introduced at Guantanamo Bay in late 2002, suggests a larger CIA role in advising Defense Department interrogators than was previously known. By the time of the meeting, the CIA already had used waterboarding, which simulates drowning, on at least one terrorism suspect and was holding high-level al-Qaeda detainees in secret prisons overseas — actions that Bush administration lawyers had approved.

Of course, senators also got to hear from William “Jim” Haynes II, the Pentagon’s former top lawyer who signed off on those techniques (he was also, ironically, a one-time Bush judicial nominee). Regrettably, Haynes came down with an acute case of Alberto Gonzales Disease.

Over the course of just a few minutes, Haynes said, “I don’t recall seeing this memorandum before and I’m not even sure this is one I’ve seen before…. I don’t recall seeing this memorandum and I don’t recall specific objections of this nature…. Well, I don’t recall seeing this document, either…. I don’t recall specific concerns…. I don’t recall these and I don’t recall seeing these memoranda…. I can’t even read this document, but I don’t remember seeing it…. I don’t recall that specifically…. I don’t remember doing that…. I don’t recall seeing these things.”

And making the scandal significantly more painful, newly released materials also showed that lawyers candidly talked about curtailing abuse when Red Cross observers came around, and even tried to hide detainees from the humanitarian group.

I remember a time — I believe it’s known as “pre-2001″ — when the United States used to accuse countries which did this of being guilty of disgraceful human rights abuses.



Gonzo Can't Find A Job

Gosh, I can't recall if anyone could have predicted this...

NYTimes (reg. req'd.)

Alberto R. Gonzales, like many others recently unemployed, has discovered how difficult it can be to find a new job. Mr. Gonzales, the former attorney general, who was forced to resign last year, has been unable to interest law firms in adding his name to their roster, Washington lawyers and his associates said in recent interviews.

He has, through friends, put out inquiries, they said, and has not found any takers. What makes Mr. Gonzales's case extraordinary is that former attorneys general, the government's chief lawyer, are typically highly sought.

A longtime loyalist to George W. Bush dating to their years together in Texas, Mr. Gonzales was once widely viewed as a strong candidate to be the first Hispanic-American nominated one day to the Supreme Court. A graduate of Harvard Law School, he carried an impressive personal story as the child of poor Mexican immigrants.

Despite those credentials, he left office last August with a frayed reputation over his role in the dismissal of several federal prosecutors and the truthfulness of his testimony about a secret eavesdropping program. He has had no full-time job since his resignation, and his principal income has come from giving a handful of talks at colleges and before private business groups.

"Maybe the passage of time will provide some opportunity for him," said one Washington lawyer who was aware of an inquiry to his firm from a Gonzales associate. "I wouldn't say 'rebuffed,' " said the lawyer, who asked his name not be used because the situation being described was uncomfortable for Mr. Gonzales. "I would say 'not taken up.'"

Well, unless he is collecting unemployment, I don't think he needs to worry about skewing his buddy's unemployment figures...

Nice to see karma biting him on the ass, though, isn't it?



White House lawyers and the torture tapes

When it comes to the CIA’s destruction of video footage of U.S. torture of detainees, the White House, on the advice of counsel, has stopped commenting. About the only thing we’ve gotten from the Bush gang of late were vague comments from the president himself: “There’s a preliminary inquiry going on and I think you’ll find that a lot more data, facts will be coming out, that’s good. It will be interesting to know what the true facts are.”

It will be, indeed. Today, the NYT moves the ball forward with some more "true facts," reporting that White House lawyers weren’t just aware of the torture tapes, but discussed their handling in some detail.

At least four top White House lawyers took part in discussions with the Central Intelligence Agency between 2003 and 2005 about whether to destroy videotapes showing the secret interrogations of two operatives from Al Qaeda, according to current and former administration and intelligence officials.

The accounts indicate that the involvement of White House officials in the discussions before the destruction of the tapes in November 2005 was more extensive than Bush administration officials have acknowledged.

Those who took part, the officials said, included Alberto R. Gonzales, who served as White House counsel until early 2005; David S. Addington, who was the counsel to Vice President Dick Cheney and is now his chief of staff; John B. Bellinger III, who until January 2005 was the senior lawyer at the National Security Council; and Harriet E. Miers, who succeeded Mr. Gonzales as White House counsel.

Who would have guessed? Oh wait, that’s right, everyone could have guessed.

Marty Lederman has more.



Gonzales Named Lawyer Of The Year

"Passive Exonerative Tense" courtesy of lifeclever

And it's not even April 1st:

Negative news coverage may have cost former Attorney General Alberto Gonzales his job, but it won him a dubious honor Wednesday from a magazine published by the American Bar Association: Lawyer of the Year.

Additionally, the ABA Journal named Gonzales' successor, Attorney General Michael Mukasey, as its top lawyer for 2008 — mostly in anticipation of how often he'll be in the media spotlight for trying to repair the beleaguered Justice Department.

I wish I could say this is a joke, but I would be lying.



Open Thread

One of you will betray conservatism by Darkblack http://darkblack999.blogspot.com "One of You Will Betray Conservatism" by Darkblack. Click image for larger, which shows, left to right, and according to the artist, "keeping in mind that they are not necessarily matched up to any disciple's biblical personality description": John Snow / Alberto Gonzales / John Bolton / Steven Hadley / Scooter Libby / Donald Rumsfeld / George W. Bush / Dick Cheney / Josh Bolton / Michael Chertoff / Condoleeza Rice / Karl Rove / and Ari Fleisher.

Open thread below, with the hopes that William Donohue gets a big ol' gander at this one.



Gonzales establishes legal defense fund

Most Attorneys General, upon stepping down, move to private-sector legal work. Some take on faculty positions at respected law schools. And then there’s Alberto Gonzales, arguably the worst Attorney General in U.S. history.

Since resigning in disgrace, Gonzales has retained a high-powered DC criminal-defense lawyer to represent him. Given that the U.S. Inspector General may recommend criminal charges against Gonzales, it was probably a good move.

It’s reached the point at which Gonzales’ friends have had to create a legal defense fund for the embattled former AG.

Supporters of former attorney general Alberto R. Gonzales have created a trust fund to help pay for his legal expenses, which are mounting in the face of an ongoing Justice Department investigation into whether Gonzales committed perjury or improperly tampered with a congressional witness.

The establishment of a legal defense fund for the nation’s former chief law enforcement officer underscores the potential peril confronting Gonzales, who is one of a handful of attorneys general to face potential criminal charges for actions taken in office.

If criminal charges against Fredo come quickly enough, maybe he can get the special Scooter Libby get-out-of-jail-free card?



Mike's Blog Round Up

Happy Thursday to all!

By now most of you know this, but to newbies this is Alex, guest-hosting the roundup while neglecting my own malenky blog, Martini Revolution.

A little terse, after attending to an ailing parent yesterday, so let's jump right in:

The nets react to Hillary Clinton – she obviously has not won everyone over, though some of her recent remarks were clearly taken out of context.

The new GOP Convention logo undergoes much-needed changes to reflect the Cult of Bush/Cheney's obvious devotion to the Old Ones from the Nameless Void.

While, unlike the GOP, she is not a devotee to Cthulhu, Echidne expands on the use of fear (of He from the nameless void?) as a weapon by the Bush cult.

Speaking of fear, there's lots of fear in Iraq, especially of foreign mercenaries acting with impunity on Iraqi soil. Sid Blumenthal explains how this came to be.

Finally, Bush demands blanket amnesty for the undisclosed criminal actions of telecom companies who complied with his illegal orders. Speaking of criminal actions, Alberto Gonzales lawyers up while reportedly facing possible charges of lying to Congress.

Especially sorry today to those who submitted links yesterday, but things were a little hectic in this corner of Blogtopia. If you have anything you'd like to submit for the blog roundup, drop an email to alexde AT gmail DOT com.



And the next Attorney General is...

Following up on widely reported rumors yesterday, the White House is poised to announce that Michael Mukasey, a former judge on the U.S. District Court for the Southern District of New York, will be nominated to replace Alberto Gonzales as the Attorney General. The announcement may come as early as this morning.

The president’s goal, apparently, was to find a “confirmable” nominee, and Mukasey seems to fit the bill. Sen. Chuck Schumer (D-N.Y.) released a statement last night, describing Mukasey as “the kind of nominee who would put rule of law first and show independence from the White House.”

Indeed, this seems to be the overwhelming attitude among Bush administration critics. Senate Dems appear relieved, the progressive Alliance for Justice finds Mukasey tolerable, and People for the American Way’s Ralph Neas said, “He seems like a bona fide conservative Republican, not a right-wing ideologue."

The right, meanwhile, remains divided. Bill Kristol endorsed the nominee online Saturday night, but the Wall Street Journal noted that “some conservatives already labeling Mukasey as ‘Harriet,’ a reference to Bush’s ill-advised attempt to put his friend and personal lawyer, Harriet Miers, on the Supreme Court.”

Stay tuned.



Mike's Blog Round Up

Jim Hightower:  It's Labor Day weekend.  Do you know where your middle class is?

Your Right Hand Thief: The real hypocrisy of Idaho's conservatives is not in Larry Craig's complicated sexuality, but in some appalling comments made by the man who may succeed him.

Shakesville: Bush: "I have no memory of anything at all"

Angry Bear: Lawrence Kudlow has probably written even more pathetic op-eds over at the National Review, but I'm at a lost to remember anything as low as this.

The Pump Handle:  Low grades for 'voluntary' chemical reporting

Healing Power of Laughter Dept.: Prime Minister Nouri al-Maliki says critics are sending "negative messages that encourage terrorism"...Condescending Rice is pondering her "legacy", which will be a lot like the Gonzales legacy...d r i f t g l a s s campaigns for truth in labeling..."Straight Man", Tucker Fay Carlson keeping men's rooms safe to poop in...why can't you homos use the ladies room?... get your war on



A 'fresh chance'?

Two major dailies — the LAT and the NYT — argue that the resignations of Rove and Gonzales offer Bush has a “fresh chance” to turn things around.

[Bush] can go into the next battle with Congress over the Iraq war — as well as another looming fight over legislation authorizing his domestic wiretapping program — free of the baggage both men carried. If the resignations remove some of the partisan tension between the White House and Capitol Hill, and get Mr. Rove and Mr. Gonzales off the front pages, they could help get Mr. Bush off the defensive as he struggles to salvage something of his second term.

And the LAT on the same issue:

“The Texas mafia is leaving,” said Ron Kaufman, a longtime political advisor to the Bush family. “There’s a shift in the philosophies of the appointees you have [around the president]. They are much more creatures of Washington, D.C., and not Austin, Texas.”

But therein may lie an opportunity for Bush. In two weeks, the president has accepted the resignations of the two members of his staff who have drawn the most ire from the Democrats who now control Congress: Gonzales and political advisor Karl Rove. And that may give Bush a chance to salvage his relationship with Capitol Hill and the legacy of his second term.

I think not. Competent or not, Bush is the don of the "Texas Mafia," and there’s simply no reason in the world to believe he’s anxious to turn over a new leaf. Bush doesn’t want to “salvage his relationship with Capitol Hill”; he wants to smear his critics and bury his enemies. He likes the “partisan tension.”