Stuart Taylor: Many Days Late, and Many Dollars Short
Voltaire said: "I may disagree with what you say, but I'll defend your right to say it." In the case of Stuart Taylor, Jr. of the National Review, I want to turn this around:
I agree with what Taylor is now saying about how "many of us have suspected for years" that "countless assertions by administration officials... that all -- or the vast majority -- of the prisoners at Guantanamo Bay are... terrorists... captured on 'the battlefield'... have been false.... Many scores... innocent, wrongly seized noncombatants... handed over by reward-seeking Pakistanis and Afghan warlords... noncombatant teachers and humanitarian workers.... Bush administration... very little effort to corroborate... plausible claims of innocence..."
I agree with what he says. But I think he has no right to say it. Back in 2004--less than two years ago--and before, you see, Stuart Taylor, Jr., was an enthusiastic endorser of the Bushies' deeds at Guantanamo [CORRECTION: Taylor points out that he has been a longtime critic of how Guantanamo was run] critic of those who were "unduly fastidious", with phrases like "It's easy to sit in judgment on those assigned to deal with the threat of catastrophic terrorism.... Telling a prisoner that he or his family will be killed unless he talks is not torture.... Torture may be justified.... [D]efine "torture" narrowly enough on a case-by-case basis to leave considerable leeway for tough, coercive interrogation.... [U]ndue fastidiousness in interrogating terrorists could lead to the preventable murders of thousands of people..."
Feh.
Back in 2004 and before, you see, theNational Journal's Stuart Taylor Jr. was an ethically-challenged lawyer who took America's major edge--that we are the Good Guys--and threw it in the trash. I had examples, all behind the National Journal's pay firewall:
Why I Will Not Resubscribe to the National Journal:
Stuart Taylor: There is no evidence that the administration ever approved "torture" (which it has defined extremely narrowly) as a matter of policy. Justice did approve a number of highly coercive, still-classified interrogation methods, such as feigning suffocation and subjecting prisoners to sleep deprivation and "stress positions." Using such methods, the CIA squeezed valuable information out of Qaeda leaders...
Stuart Taylor: Some of the attacks on the recently leaked Bush administration legal memoranda about the use of torture and lesser forms of coercion to extract information are a bit facile. It's easy to sit in judgment on those assigned to deal with the threat of catastrophic terrorism. It's much harder to provide morally or legally satisfying answers.... Telling a prisoner that he or his family will be killed unless he talks is not torture, for example, unless the threat is of "imminent" death...
Stuart Taylor: Torture may be justified in rare [cases].... [W]hat about the Qaeda member caught by Philippine intelligence agents in 1995 in a Manila bomb factory? Defiant through 67 days of savage torture -- most of his ribs broken, cigarettes burned into his private parts -- he finally cracked when threatened (falsely) with being turned over to Israel's Mossad. And he revealed the so-called "Bojinka" plot to crash 11 U.S. airliners and 4,000 passengers into the Pacific...
Stuart Taylor: The best way to minimize the conflict between the need for aggressive interrogation and the prohibitions of human-rights law may be to define "torture" narrowly enough on a case-by-case basis to leave considerable leeway for tough, coercive interrogation short of excessive brutality.... Coercive interrogation of suspected terrorists is arguably legal.... This view... seems right.... [U]ndue fastidiousness in interrogating terrorists could lead to the preventable murders of thousands of people...
Stuart Taylor: [I]t's clear... there should be no Miranda warnings or lawyers for suspected Qaeda terrorists.... The same logic holds to some extent even if the suspect is a U.S. citizen, and even if he is seized on U.S. soil, as in the case of the Brooklyn-born Padilla...
Yes, now--many days late and many dollars short--Gary Farber has poined out that Stuart Taylor, Jr. has radically changed his tune:
Stuart Taylor: Falsehoods About Guantanamo (02/06/2006): [C]ountless assertions by administration officials over the past four years that all -- or the vast majority -- of the prisoners at Guantanamo Bay are Qaeda terrorists or Taliban fighters captured on "the battlefield"... have been false.... [M]any of the 500-odd men now held at Guantanamo... were captured on Afghan battlefields or were terrorists... [but] many of us have suspected for years:
- A high percentage, perhaps the majority, of the 500-odd men now held at Guantanamo were not captured on any battlefield...
- Fewer than 20 percent of the Guantanamo detainees, the best available evidence suggests, have ever been Qaeda members.
- Many scores... were innocent, wrongly seized noncombatants with no intention of joining the Qaeda campaign to murder Americans.
- The majority were... handed over by reward-seeking Pakistanis and Afghan warlords and by villagers of highly doubtful reliability. These locals had strong incentives to tar as terrorists any and all Arabs they could get their hands on... including noncombatant teachers and humanitarian workers. And the Bush administration has apparently made very little effort to corroborate the plausible claims of innocence detailed by many of the men who were handed over....
The tribunal hearings, based largely on such guilt-by-association logic, have been travesties of unfairness. The detainees are presumed guilty unless they can prove their innocence -- without help from lawyers and without being permitted to know the details and sources of the evidence against them. This evidence is almost entirely hearsay from people without firsthand knowledge and statements from other detainees desperate to satisfy their brutally coercive interrogators. One file says, "Admitted to knowing Osama bin Laden," based on an interrogation in which the detainee -- while being pressed to "admit" this, despite his denials -- finally said in disgust, "OK, I knew him; whatever you want."... The administration's unspoken logic appears to be: Better to ruin the lives of 10 innocent men than to let one who might be a terrorist go free.
This logic would be understandable if the end of protecting American lives justified any and all means, including the wrecking of many more innocent non-American lives. So, too, would be the torture (or near-torture) in late 2002 of the above-mentioned al-Kahtani... interrogated for 18 to 20 hours a day for 48 of 54 days; he had water dripped on his head and was blasted with cold air-conditioning and loud music to keep him awake; his beard and head were shaved; he was forced to wear a bra and panties and to dance with a male jailer; he was hooded; he was menaced with a dog, told to bark like one and led around on a leash; he was pumped full of intravenous fluids and forced to urinate on himself; he was straddled by a female interrogator and stripped naked; and more -- all under a list of interrogation methods personally approved by Rumsfeld. Al-Kahtani may well have had valuable information. But it appears that many other detainees who had no information... have been put through "humiliating acts, solitary confinement, temperature extremes, use of forced positions" in a systematic effort to break their wills that is "tantamount to torture."...
Bush has... pledged that the Guantanamo detainees are treated "humanely." At the same time, he has stressed, "I know for certain... that these are bad people" -- all of them, he has implied.
If the president believes either of these assertions, he is a fool. If he does not, choose your own word for him.
Not a single sentence from Stuart Taylor Jr. apologizing for his enthusiastic endorsements of the Bushies' policies of torture in the past.
Stuart Taylor Jr. Many days late. Many dollars short.















I try to stay away from ad hominem attacks, but Stuart Taylor always reminds me of Ronald ______ that smart little guy in my sixth grade who was always sucking up to the teacher when he wasn't sucking up to the grade bully.
February 11, 2006 4:38 PM | Reply | Permalink
I can't believe Stuart Taylor is still treated as a respected legal expert after his unethical conduct during botched coup of 1998.
It seems the Washington Media Establishment has no litmus test, no standards for membership, apart from supporting the conventional wisdom du jour.
February 11, 2006 5:22 PM | Reply | Permalink
you know, anyone can make a mistake, even something as egregious as underestimating the perfidiousness of the bush administration.
but to pretend that you never made such a mistake is a psychological problem of enormous dimensions, one that we are going to see a number of people go through over the next 3 years. my bet is that the gop is going to run far away from george bush in 2008, and the beltway purveyors of conventional wisdom are going to claim that all along, something seemed funky about the bush administration.
and when we point out the lengthy written record that proves them liars, they will say "facts? feh."
February 11, 2006 5:29 PM | Reply | Permalink
Its always ben my view that Liberals are never completely right- because we're always learning new things. OTOH, Conservatives never learn anything new, because they're never wrong; even when caught red-handed.
-Dave Adams-
February 11, 2006 6:13 PM | Reply | Permalink
It used to be a pleasure reading political commentators with various points of view, even when you disagreed with them. All you had to do was avoid the muddle of the road guys like Thomas Friedman who never had an original idea in their lives. Nowadays the commentary is dominated by shills who are in the pay of the conservative "movement." They are always ready to roll out some canard designed to create a distraction or some line of BS that provides cover for the administration. In the face of obvious republican corruption they cry too much big government. We are supposed to forget that the worst example of corruption, Duke Cunningham, involved military spending, a republican favorite. If any of this represents serious thinking then public relations is a branch of philosophy.
February 11, 2006 9:27 PM | Reply | Permalink
When you're as good as Tom Friedman is in synthesizing a lot of information into historical overviews and policy prescriptions, your books will be n the NYT Best Seller lists for months. Shut the fuck up abut people you never met!
February 12, 2006 6:23 AM | Reply | Permalink
If only Friedman's books had a yellow cover and showed a bit of humor, they could appear in the "For Dummies" series.
Until that happens, they'll continue to sell in the "Give Nincompoops a Chance" collection, which evidently enjoys a wide readership even on this blog.
February 12, 2006 7:56 AM | Reply | Permalink
It's one thing for a person to change his or her mind on the basis of further information, and to acknowledge the change; that's welcome and necessary.
But Stuart Taylor's "many of us have suspected for years" is just a real-life "We have always been at war with Oceania" moment. Thank you, Brad, for calling him on it -- and for keeping and posting those clips so that National Journal's subscription wall can't act as a Memory Hole.
Accountability is not just rare among the pundit class -- it seems like a completely unfamiliar concept.
February 12, 2006 8:18 AM | Reply | Permalink
The reason you dummies don't like Friedman is that he lets facts get in the way of dogma and bases his columns on truths that should be self-evident to anyone with an open mind. If only the real dummies in the Administration and Congress had done what he had urged for years, we would be much closer to leaving Iraq with some stability and much less dependent on fanatical thugs, and the Arabian princes who coddle them, for our energy needs.
February 12, 2006 1:02 PM | Reply | Permalink
nonsense.
the reasons i don't like tom friedman are: a.) his position on the iraq war was incoherent and was one small factor that helped pave the way for a disastrous piece of adventurism; b.) his desperate reach for metaphor leads him constantly to oversimplify; c.) all his person-on-the-street interviews sound made up to fit his metaphor of the day; d.) because maybe 1 column of his out of 10 is worth the time to read, which is why i've stoppepd reading him.
when friedman was younger, he demonstrated real reportorial skills and an acquaintance with facts; as a pundit, he's just another hack.
and it is most assuredly not dumb to note that.
February 12, 2006 2:42 PM | Reply | Permalink
Mister, you made generalizations that didn't respond to what I said.
February 12, 2006 3:02 PM | Reply | Permalink
Sage, please.
you said, and i quote: The reason you dummies don't like Friedman is that he lets facts get in the way of dogma and bases his columns on truths that should be self-evident to anyone with an open mind.
and i responded "nonsense" and gave you 3 specific reasons that i don't like Tom Friedman, none of which has anything to do with friedman "basing his columns on truths that should be self-evident to anyone with an open mind," a statement which i don't think is anywhere near correct.
you're welcome to disagree with me and defend tom friedman until the cows come home, but the notion that i "made generalizations" and "didn't respond to what" you "said" simply isn't on.
February 12, 2006 4:34 PM | Reply | Permalink
An aside to Sage: Our military men and women on the ground in Iraq do not refer to the Iraqi insurgents as thugs. They call them insurgents and do not fault them for resisting our occupation of their country..........Was Stuart Taylor an expert in counter-intelligence, the category under which prisoner interrogation would fall at Guantanamo? I doubt it and I continue to wonder at the reporter, talking head, lawyer, whatever who thinks himself qualified to know anything about anything but what he's educated in. Taylor's original support of selective torture was a throw-away item so his recanting of same is also a throw-away item.
February 13, 2006 1:18 PM | Reply | Permalink
I'm sort of uninterested in TF - I just don't read him because he doesn't really catch me (and the World is Flat thing made me apoplectic). That said, it's fine and good to defend him, and in the interest of having a site where all assumptions are challenged, I'm glad you're there to do it. But do you really need to come at this like it's a bar fight?
February 13, 2006 1:39 PM | Reply | Permalink