The Road to Victory Is Not a Detour
What does the Democratic party stand for? On President Bush's proposal yesterday about how the United States of America should prosecute and treat military detainees, apparently, not much.
The Republican leadership, including Lindsay Graham, John McCain, and John Warner, have all criticized the White House's proposal yesterday to deny military detainees, including those facing execution, the right to see evidence against them. Uniformed lawyers have lined up against the President's proposal, too. In the meantime, President Bush yesterday put forward draft legislation that seems intended to permit interrogation techniques that the Geneva Convention outlaws. What has the leadership of the Democratic party to say?
“I think you’re looking for a fight that doesn’t exist,” said Senator Harry Reid, minority leader, yesterday.
The party is truly lost if it believes that the road to victory in November is a detour around the fundamental princples on which our national security is based.
















Lee Feinstein
September 8, 2006 5:45 AM | Reply | Permalink
Especially since I have been critical of many of your other posts, Lee, I just wnated to jump in here and say I'm with you on this.
September 8, 2006 11:10 AM | Reply | Permalink
Do you have a link? Any context re: what he said and why?
It sounds to me like Reid is responding to the strawman attack that Dems don't want to protect the country, etc.
I really don't see Reid saying that Democrats are not going to fight against legislating torture. That certainly goes against everything the Democrats have been fighting for all along this year. If Reid is really saying that, then he's an outlier. He's out all alone, just like Lieberman is on Iraq.
But this just looks way too much like something being pulled out of context.
Link, please.
Dissent Protects Democracy.
September 8, 2006 11:16 AM | Reply | Permalink
Here's what Democrats need to say.
1. There's no need to rush on the military tribunal thing. Failing to have a tribunal doesn't mean that the terrorists go free, it just means they sit at Gitmo without charges just like hundreds of others have for years.
2. Families have to "wait for justice" because Bush held these terrorists secretly for 3 years. The notion that the Democrats are responsible if they make people wait a couple months after Bush has made them wait 2 years is absurd.
3. What was gained by making these detentions secret instead of public is a question Democrats need to constantly ask. If the interrogation methods were in fact legal as the President claims, then they could presumably have been used whether the detention was public or private. So what was the reason for the secret if not to violate US and International law?
4. Much was lost by making detentions secret.
A. Propoganda value for our side -- the world seeing these people go through a trial like criminals is valuable to our side as is their admission of their roles in 9/11.
B. Keeping secrets from our own investigators - If publicly detained, anyone from the FBI or other departments could have interrogated them as well. An FBI agent of other government agent might have had a case they were working on that would have been aided if they could talk to one of these people. But they never had the chance because they could never even know these people were in custody. The problem with secrecy is that it often restricts information from your own people as well as the enemy. This is how information in one branch of government fails to reach the other branch.
5. Demand a report on how many people were detained in these secret prisons total and how many were actually guilty of being terrorists. If we look at past experience, we see that 90 percent of those at Abu Ghraib were not terrorists and that a large percentage at Gitmo have also been found to be non-terrorists. Andrew Sullivan has the best accounting of this on his blog at http://www.andrewsullivan.com Also demand to know how many who were NOT guilty of being terrorists were interrogated using "alternative" methods.
6. Demand an accounting of the information gleaned from the use of "alternative" interrogation techniques and demand that it be prepared before the election so that the America people can decide whether this is a subject their votes should turn on. (yes, be explicit about your intentions. Nothing wrong with this.) The accounting should ask for what useful information was obtained, how much was not duplicative of information obtained elsewhere, how much turned out to be false and what the impact of the false information was on both the US understanding of circumstances, US policy and US actions.
Anyone have anything to add to this list?
September 8, 2006 11:31 AM | Reply | Permalink
cscs, I saw it in this NYT article; it's near the bottom of the 2nd page.
Glenn
I am not one of those who in expressing opinions confine themselves to facts. - Mark Twain, Wearing White Clothes Speech, 1907
September 8, 2006 12:09 PM | Reply | Permalink
I think that Reid is saying that it isn't a "Republican vs. Democrat" thing; rather, it's Democrats and leading Republicans with military experience vs. the president.
September 8, 2006 12:38 PM | Reply | Permalink
In the article, I wish they had included the question he was actually answering. I would like to see the Dems come out as forcefully as Graham did in that same article.
Glenn
I am not one of those who in expressing opinions confine themselves to facts. - Mark Twain, Wearing White Clothes Speech, 1907
September 8, 2006 12:49 PM | Reply | Permalink
Thanks. So, here's the context:
I actually don't think that's a bad strategy. Let the GOPs go after each other.
It certainly strikes me as very different than what the post implies, that the Dems are simply taking a pass on determining whether the Bush torture policy goes through.
I guess my biggest concern would be that anything with the name "McCain" attached to it usually means: talk tough, but when it comes down to it, give in to Bush.
Dissent Protects Democracy.
September 8, 2006 1:20 PM | Reply | Permalink
That was the sense I got, that the Dems were trying to stay out of the intraparty debate the GOP is having. However, I really would like them to state, unequivocally, that they support the premise of the Graham-McCain bill, if not the actual bill. I don't know the particulars, but it sounds like it reflects our traditional sense of justice as a country. At this point, I'll support the efforts of anyone from either party who is trying to get this country back on track in relation to what we say we have stood for for the past 230 years. We've got to start walking the walk again as a country. I hope that Warner, McCain, and Graham stick to their guns and that the Dems find their voice and articulate that these may be the baddest of the bad, but as a nation, we need to show that we mean the things we say about justice and democracy.
Glenn
I am not one of those who in expressing opinions confine themselves to facts. - Mark Twain, Wearing White Clothes Speech, 1907
September 8, 2006 1:47 PM | Reply | Permalink
The problem with this is that it gives up a lot of control of the process to the Republicans and sets up the Democrats with a situation where they have to accept whatever the Republican moderates come up with or risk looking extreme.
It also allows the Republicans complete control of the narrative that comes out of it. I think it's a big mistake.
Better to state explicity what the bill must contain for Democrats to support it and why. Things like the requirement that there be very clear criteria for who is tried by these tribunals so that they are not used in cases only loosely related to terror. Plus a court of law should decide, not Bush, whether a defendant meets those criteria. There are, I'm sure, other issues that should be stated.
And remember this bill is going forward in tandem with bills to legalize torture and warrantless surveillance. It's not just that we have silence on the tribunal bill. We have silence on everything.
September 8, 2006 1:49 PM | Reply | Permalink
Well, we have very little control over the process. And how much of the perceived silence is really just Dems not getting quotes in the papers? If the news media sees this narrative as McCain, et al, versus Bush, there's no room in that story for Dem voices.
Obviously Reid made a statement somewhere, but all that ran was the one quote, one that fit the narrative.
I'm not saying you're wrong, but just questioning whether there's real silence or "mediated" silence.
I've actually been impressed about the amount of coverage the Dems have gotten over the last few weeks. I'm sure that's because the news media is finally getting around to realizing that the American public is against the war in Iraq, so now getting a dissenting quote fits that narrative.
Dissent Protects Democracy.
September 8, 2006 3:10 PM | Reply | Permalink
Well, here's my fantasy:
7. Demand a high level Congressional investigation into:
a. the use and misuse of intelligence to send our soldiers into an unnecessary war based on false pretenses and
b. the willfully unconstitutional flauting of saws such as FISA to spy on American citizens
--for the purpose of evaluating whether these rise to the level of high crimes and misdemeanors.
Jan Knaus
September 8, 2006 3:12 PM | Reply | Permalink
We have cowardice on everything. If it wins a district in Ohio, Democrats will gladly trade the 4th amendment. You want the 1st amendment? Just give us a Senate seat.
September 8, 2006 3:39 PM | Reply | Permalink
There was never a good reason to hold these people in secret prisons in other countries. The only reason for doing so was to be able to torture them whenever their questioner felt a desire to do so. If we actually had any evidence against any of them they could have been jailed in this country, afforded the full protections of the Constitution, which, after all does form the foundation of our laws, and if the evidence was real any US jury would have convicted them. A plea bargain could have been arranged to allow them to give any information they had in exchange for not being subject to the death penalty.
But, the neocons, under Bush, get a kick out of torturing folks, so that wasn't acceptable. Oh, and I almost forgot, most of them very likely were guilty only of looking like Arabs.
As far as (forbidden word) goes, of course the House Judiciary committee should be investigating this to see if an (forbidden word) was the proper course of action. That would bring all of the nasty secrets of the Bush gang out into the sunlight, and reveal that our real enemy resides in the White House.
Hoppy in Sacramento
September 8, 2006 4:20 PM | Reply | Permalink
John Kerry in an interview on Hardball last night helped make the Dem strategy/talking points clear to me. I thought he did a good job of tying it all in with failure at the "war on terror" because of many of Bush's moves hurting our rep. His tone was very sure & strong--overall, a tone of "it's about time these screw-ups let Congress clean this mess up" and "we know exactly what needs to be done and can do it if they let us." I agree with what I saw as his stress on trials--I have been reading a lot of the excellent articles in this week's New Yorker on al Qaeda et. al., and it's ever clearer that publicly trying more of these guys is/was an important thing to do.
MORE @
'Hardball with Chris Matthews' for Sept. 7
Read the transcript to the Thursday show
September 8, 2006 4:39 PM | Reply | Permalink
Thanks. Keeping this country safe and upholding the values of this country for which people have fought and died are not mutually exclusive activities. In fact, we do a disservice to those who have died when we sacrifice justice and liberty for security.
Glenn
September 8, 2006 4:39 PM | Reply | Permalink
Actually, that's pretty good. I'm sorry I missed it.
September 8, 2006 4:52 PM | Reply | Permalink
The bottom line is that we need to prosecute these people, we need to bring them to justice . . . . Sen. John Kerry
Assuming that he's referring to the "Ghost Prison Eleven," this call for trials seems a bit cavalier.
Presumably, these men were "arrested," because they exhibited certain patterns of relationships or because others had accused them of being members of or acting on behalf of al-Qaeda. The information/intelligence which convinced the US government to "capture" them may not have been sufficient to get by a probable cause hearing let alone a jury trial.
Assuming that the government employees and contractors who interrogated them were competent and were acting in good faith (that is, they were seeking true facts and not merely confessions), we must assume, as well, that the government is now convinced that these eleven are guilty of conspiracy, at the least.
But who among us can say with any assurance that they would be convicted in a court of law?
What do we do with them if they're acquitted? "Return them to the battlefield"?
September 8, 2006 7:13 PM | Reply | Permalink
Your post made me start asking myself the questions you asked and started me thinking. What follows is what I discovered in myself.
At this point, those of us on the outside looking in can only proceed on presumptions and assumptions. We can't say with any assurance they will be convicted, but shouldn't we find out? The alternative to trials seems to be to keep them in perpetual detention or perform summary executions; both of these are a guilty verdict without trial, or we could just release them. If they come to trial and are acquitted, yes, we release them; that's the way our system works. Does this sound like being soft on terrorists? Yes. Does it sound like us being true to our traditional view of justice? I think so. I believe that if we sacrifice this traditional view of justice in the name of a new justice or expediency, we might as well move bin-Laden into the White House because he's forced us to substantively alter our beliefs. At whose feet should we lay the blame for the mess in which we find ourselves? Bush? Congress? Ourselves? Yes. The Bush administration decided to create the black sites and use whatever means they used to capture and question these people; Congress gave tacit approval by not even wanting to exercise oversight and at times, gave outright approval to the administration's policies; we, as a country, voted these people into office. It's time we started to right some of the mistakes that have been made. Trials for these people seems to be a good place to make a start.
Glenn
September 8, 2006 10:42 PM | Reply | Permalink
Jan ...
Maybe they can expand further on this news item over at A Nose Embedded in the Noise: Dan Bartlett needs a fresh roll....~OGD~
September 8, 2006 10:56 PM | Reply | Permalink
.
Come on now... Is Mr. Feinstein putting us on, or for the sake of argument is he trying to lead everyone here to believe that he's so out of the loop as to not know what the heck is up with Senator Reid and the Democrats?
It's only a mouse click away.
Has anyone here even taken the time to go to that front page of the Democrats.Senate.gov site ???
Senator Reid has presented a hellavu lot more than, "...not much..." and “I think you’re looking for a fight that doesn’t exist...” As Artappraiser pointed out with the Hardball/Kerry interview, there is a plan. Below, you will find out what it is...
In the meantime as to Mr. Feinstein's narrow complaint about the "military detainees" and the torture issue and the percieved quiet stance of the Dems in relationship to the Graham, McCain, and John Warner versus Cornyn, Jeff Sessions, and Orrin Hatch debate, my personal take is to stay out the way and don't take the bait when there is a pack of Republicans pissing on each others' legs...
Now here ... if anyone is even slightly interested in what Senator Reid had to say, in the FULL context:
And if by chance anyone has actually taken the time to absorb the entire statement released above, and you've made it this far, then go back over to the press releases and avail your self to the Democratic six-point plan:
Real Security Act of 2006
Change the Course in Iraq.
Provide Better Tools to Bring Terrorists to Justice.
Implement the 9/11 Commission Recommendations.
Refocus on the War on Terror.
Protect Our Transportation Systems.
Equip Our Intelligence Community to Fight Against Terrorists.
If you go to the link those six-points are each detailed with a fairly sensible approach on accomplishing each catagory.
Rather than allowing ourselves to be distracted by the deficit-disorder media-induced-psychosis we are all being hammered with, or sidetracked by the comments as exhibited here by Mr. Feinstein, take the time and organize your thoughts along the lines of the leadership....
“This Bush policy of fear will not win the war on terror."
~OGD~
September 8, 2006 11:26 PM | Reply | Permalink
Would you ask that about prosecuting Mafia kingpins?
Prosecuting, win or lose the individual case itself, is an important part of this kind of "battle." You demystify the perp(s), take away some of their recruiting power and other powers, inform the sympathetic public(s) about what they are really up to, possibly convincing them to lose that sympathy, possibly gain future informants, etc. Of course, as with any other battle, the fights have to be picked smartly.
But just hiding them away for years is not "fighting." There appears to be some benefit to not charging immediately, or several EU countries would not be creating the laws to enable them to do that. But at a certain point, a few weeks, not several years, the benefits of trial take over the benefits of any info. that can be gained before charging. (I myself haven't decided what I think on that.)
More and more it looks to me like the Embassy bombings trial was the only really successful thing we have done so far in the "war on terror." Info. from it even helped lead to the capture of some of the 11. And it also seems ever clearer to me that it built on the trials of the gang involved in the '93 WTC bombing, that there was more there than most "terror warriors" knew was important at the time.
Of course, we do not need another Moussauoui trial; it was mishandled. Some things may still come of it, though, that we can't foresee. We don't need to act like we did with that 9/11 trial in Germany, refusing info. that prosecutors there needed. We need another Mary Jo White. Too bad, mho, that these are going to be military tribunals and it's not clear how public the info. from them is going to be. But it's a step in the right direction.
I recommend this week's The New Yorker issue ("Five Years After" Issue of 2006-09-11) to get a good reframing/big picture perspective of where we are at with this problem,
especially the articles by Jane Mayer
(Department of Law Enforcement:
Junior: The clandestine life of America’s top Al Qaeda source);
by Lawrence Wright ("Annals of Terrorism: The Master Plan; What will the next stage of jihad be?"--excellent, but not online, unfortunately), as well as the pieces by George Packer and Steve Coll on related.
Another thought I'd like to introduce here is Juan Cole's from over a year ago on the 7/7 London bombings; it still is interesting:
Finally a word about Kerry's capital punishment remark: generally, I am pretty anti-capital punishment. But recently learning that Sheik Omar Abdel Rahman issued a fatwa from prison giving Bin Laden and Zawahiri the ruling they desired to be able to kill millions of non-Islamic civilians makes me think hard on that in some cases. (Brought the Lynne Stewart trial into a whole new focus for me.) I guess I still like the Mafia analogy here--you want them alive to be able to watch what they are up to. Which brings up Ellen's initial point. If an accused perp is acquitted in the U.S. and let go, how much is he going to be able to accomplish without being watched? That's if another country doesn't pick up the prosecution. Whether or not you like the idea, or think it fair, with both the Mafia and terrorism, if acquitted in a trial, reality is you don't really get the benefit of getting your "good reputation back."
September 9, 2006 12:05 PM | Reply | Permalink
There is a helpful chart in today's New York Times accompanying Kate Zernike's piece--print version title: "Crucial Senator Says a Few Problems Remain on Terror Tribunals"--,
it compares the Court-Martial system, the original Bush administration system, the Supreme court ruling in Hamadan v. Rumsfeld, and the new Bush proposal:
Chart: Major Issues in Bringing Terrorism Suspects to Trial
September 9, 2006 12:13 PM | Reply | Permalink
And my own personal take is that while that may be a political side benefit to dems, in the end, there is no benefit to anyone in politicizing this. The issues involved are too important. As an individual pol, I don't know how you could live with yourself if you didn't go with your conscience on this, and while the general public may not know or care or understand what you did or thought, your informed voters will know, your "base" will know, and historians will also be checking if you supported the smart and right thing for your country....in the end, I think those who take this very seriously will be the ones who benefit, even those who are pro-Bush, but mostly those who are not. It's an issue where those who act with integrity and those who appear the least political will be the ones who will benefit.
September 9, 2006 12:25 PM | Reply | Permalink
Additionaly, those countries that are now falsely suspected for having harbored such detention facillities would surely love to learn where they were located. Also the countries where these interogation centras likely were located might benefit.
September 9, 2006 1:30 PM | Reply | Permalink
I have no idea what the Democratic party thinks, but if you accept our Constitution, Bush's draft legislation would be considered a violation of Geneva convention...etc. Over there in England, the recent Sunday Times (September 10, 2006) had an opinion piece that ripped into this matter:
Bush’s last stand: turning the war on its head
Andrew Sullivan
....
Hence, the question here is does Congress/President represent our founding fathers' intentions? Party affiliation has nothing to do with this issue, imho.
September 11, 2006 7:48 PM | Reply | Permalink