Administration won’t commit to McCain anti-torture law

When the president put his signature on a bill that included a prohibition on torture, it seemed like a serious concession by the Bush White House. After all, this was a provision Bush had threatened to veto just a couple of weeks prior. Unfortunately, a “signing statementsuggested that the president left himself some wiggle room and may not feel bound by the legislation’s restrictions.

Yesterday, the administration openly acknowledged that the president intends to follow the law, unless he decides he shouldn’t.

A senior administration official, who spoke to a [Boston] Globe reporter about the statement on condition of anonymity because he is not an official spokesman, said the president intended to reserve the right to use harsher methods in special situations involving national security.

”We are not going to ignore this law,” the official said, noting that Bush, when signing laws, routinely issues signing statements saying he will construe them consistent with his own constitutional authority. ”We consider it a valid statute. We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment.”

But, the official said, a situation could arise in which Bush may have to waive the law’s restrictions to carry out his responsibilities to protect national security. He cited as an example a ”ticking time bomb” scenario, in which a detainee is believed to have information that could prevent a planned terrorist attack.

”Of course the president has the obligation to follow this law, [but] he also has the obligation to defend and protect the country as the commander in chief, and he will have to square those two responsibilities in each case,” the official added. ”We are not expecting that those two responsibilities will come into conflict, but it’s possible that they will.”

That’s a diplomatic way of saying that the president never changed his mind about the McCain provision at all. Bush threatened to veto the bill because he said he wanted flexibility about torturing detainees. When lawmakers in both parties rejected the White House arguments, the president said he’d accept the bill without changes. What he didn’t say was that it didn’t matter anyway — he’ll ignore laws if he feels it’s necessary.

David Golove, a New York University law professor who specializes in executive power issues, told the Globe that Bush believes he can torture, regardless of what the law he just signed says.

”The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me,’ ” he said. ”They don’t want to come out and say it directly because it doesn’t sound very nice, but it’s unmistakable to anyone who has been following what’s going on.” […]

Legal specialists said the president’s signing statement called into question his comments at the press conference.

”The whole point of the McCain Amendment was to close every loophole,” said Marty Lederman, a Georgetown University law professor who served in the Justice Department from 1997 to 2002. ”The president has re-opened the loophole by asserting the constitutional authority to act in violation of the statute where it would assist in the war on terrorism.”

Just a few weeks ago, Bush praised McCain’s effort and his administration agreed to “make it clear to the world that this government does not torture.” If only he meant it.

Maybe having a knife planted in his back should get McCain back to his senses.

  • This was to be expected.

    Remember B tortured animals growing up.
    You either grow up from that or you don’t.

    In other words:

    The lack of empathy that let him torture creatures — unchecked by the growth of his human powers as he stepped into adulthood — leads straight to this sort of malevolent rubbing together of palms.

    Point of fact:

    B is a war criminal and a torturer.
    The seeds of which, can be found in his childhood.

  • I wish to add my complete agreement to Koreyel’s statements.

    I add that EVERY Bush supporter bears this resonsibility as well.

    In the past, the US has done a bunch of bad or questionable acts, yet we had mostly tried to do the right thing. We were the good guys. This is no longer the case, in my opinion.

    A war of agression, torture, spying on our citizens…Bushie, you’re doing a heckuva job. On all of us

  • Not an unexpected move on the administration’s part but if McCain really means this and considers this more important than presidential aspirations, he would fight back.

    And Darrell considering what happend to McCain after the 2000 election, he should be used to this type of treatment from that bunch. Of course he got over all that and was just lovey-dovey for the 2004 election so his track record on this ain’t so hot.

  • koreyel

    Please note where you got your information about Bush torturing small animals as a child. Also, do you know if he set fires as a boy and wet the bed beyond the time of potty-training?

    I’ve been wanting to put together a Kos Diary about how Bush fits the DSM-IV definition of a sociopath (he has the vast majority of the indicators), and this additional information would help because the three together suggest a potentiality for future sociopathic behavior. The animal cruelty, though, is key. As Andrew Vachhs writes in his foreword to Frank R. Ascione’s “Children and Animals: Exploring the Roots of Kindness and Cruelty”:

    “…what is the foundational characteristic of every sociopath? A profound, pervasive, fundamental lack of empathy. The sociopath attends to only his own needs, and feels only his own pain. If the pain of others interferes with his needs, it is casually ignored. And if the pain of others becomes his need, it is relentlessly pursued.

    “Despite enormous (and sometimes almost worshipful) media attention, we know very little about such creatures. We ‘profile’ them endlessly, but we have never been able to predict them.

    “Few believe we can ‘treat’ such predators. All agree we must incapacitate them. But what if we were granted the opportunity to interdict them? To actually alter the course of their development so that, when they reach full bloom, they are not toxic to others?

    “This stunning new work—the crown jewel in a career Frank Ascione has devoted to demonstrating the importance of understanding animal abuse in a developmental context—now offers us just such an unprecedented opportunity.

    “This book reveals what interactions between children and animals tell us about ourselves. Its premise is brilliantly direct: we have a window of opportunity—childhood—within which to redirect the production of sociopaths. The antidote is the development of empathy. And observation and analysis of children’s interaction with animals is the key to that door.

    “Ascione persuasively argues that a society which carefully records acts of vandalism by youth—and considers such to have both symptomatic probity and predictive value—should do no less with acts of cruelty to animals. The correlations between animal abuse in the household and domestic violence are inescapable. And the link between animal abuse by children and the concurrent abuse of those same children by their ‘caretakers’ is indisputable. Ascione’s evidence is so overwhelming that I believe this book conclusively makes the case for sharing of reports between child protective and animal protective agencies.”

    AYM

  • There are already laws on the books prohibiting torture. So it shouldn’t suprise anyone that Bush doesn’t intend to observe this new one. Sad to say, it would be an improvement if this law actually causes the routine torture to stop. Unfortunately it will probably take a year and a half, if not two years, before anyone can say what effect it had. And by then it will be too late to impeach Bush.

  • koreyel – I’m curious, too, where you got this
    information. I’ve suspected Bush is a sociopath,
    but one needs incontrovertible evidence to make
    such a serious claim.

    I find Bush’s signing statement chilling. I assumed
    he’d pay no attention to the torture ban in
    practice, but the fact that he felt the need to
    trumpet his right to disregard it at his pleasure
    is a measure of the man’s arrogance and
    growing megalomania. The nation ought to
    be terrified of this administration. Instead,
    we continue our disgusting sycophantic
    sucking up to this monster.

  • I notice that once again that the “ticking time bomb” scenario is advanced as a justification for torture. That phrase, which originally was used to describe a fantasy where a nuclear bomb is set to go off in Manhattan (see any of several old James Bond movies), has now become a code phrase to justify torture whenever they want to use it. I’m guessing that if someone rigged a timer to catapult a raw egg at Dick Cheney’s limo, the cattle prod would be gleefully applied to the balls of the nearest “enemy combatant.” But hey, he’s the Commander In Chief.

  • Slightly OT perhaps, but does anyone else sense a certain air of desperation in these constant attempts to declare imperial rule in this county, with Bush as the emperor?

    Frankly, the noose is starting to tighten around a lot of Republican necks and I’m just wondering if this tough guy postering is a last gasp attempt to “brass it out” since the alternative would be to accept compliance with the law, which we all know they will never willingly do.

    Just wondering.

  • ET, Koreyel

    Great links. So much for my diary.

    Curmudgeon

    As to a tightening noose, I would much prefer to hear DeLay scream, “No my head! Not my pretty head!”

  • Hey Koreyel – many thanks for the great link!

    I was up until the wee small hours reading. It has gone a long way toward helping me understand why I have had such an intense, visceral reaction to W since the first time I ever laid eyes on him. And I am now more sure than ever that this man and his minions are the worst thing that has ever happened to our country and the biggest threat to the peace and stability of the planet.

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