McCain, Warner, and Graham cut and ran

I feel like I need to go to a chalkboard and write, 100 times, “I will not count on congressional Republicans to do the right thing.”

For all the talk about the GOP “mavericks” who showed great courage and conviction standing up to a White House bent on torture, in the end, it didn’t amount to much. McCain, Warner, and Graham caved. Capitulated. Gave in. Surrendered, yielded, and relented. They took a firm stand on a controversial policy and then, facing serious political heat, “cut and ran” from decency.

The White House and dissident Senate Republicans reached a tentative accord yesterday on legislation that President Bush said would provide for continued tough interrogations of terrorism suspects by the CIA at secret detention sites.

The accord, which includes a plan for future military trials of alleged terrorists, also spells out rules for the use of classified evidence as well as information obtained through coercion of some detainees.

While the deal is subject to further discussion with House Republican leaders, it resolved the most contentious issues in the Bush administration’s high-profile drive to gain congressional backing for its detainee policies before Congress adjourns next week. It also could help settle an intraparty fracas that worried GOP leaders in the run-up to the November elections.

The LA Times ran a headline that read, “Bush Bows to Senators on Detainees.” The lede tells readers the president “acceded to dissident Senate Republicans” and the three-headed “maverick” monster won a “major concession.” This is just not true — yesterday’s “compromise” gives the Bush gang practically everything it wanted and more.

The WaPo editorial was surprisingly helpful, explaining that Bush failed to get Congress to literally and formally reinterpret U.S. compliance with the Geneva Conventions, and lawmakers will not explicitly endorse torture, but on every other point, the administration walks away from this “deal” with more power and fewer limits.

The bad news is that Mr. Bush, as he made clear yesterday, intends to continue using the CIA to secretly detain and abuse certain terrorist suspects. He will do so by issuing his own interpretation of the Geneva Conventions in an executive order and by relying on questionable Justice Department opinions that authorize such practices as exposing prisoners to hypothermia and prolonged sleep deprivation. Under the compromise agreed to yesterday, Congress would recognize his authority to take these steps and prevent prisoners from appealing them to U.S. courts. The bill would also immunize CIA personnel from prosecution for all but the most serious abuses and protect those who in the past violated U.S. law against war crimes.

In short, it’s hard to credit the statement by Sen. John McCain (R-Ariz.) yesterday that “there’s no doubt that the integrity and letter and spirit of the Geneva Conventions have been preserved.” In effect, the agreement means that U.S. violations of international human rights law can continue as long as Mr. Bush is president, with Congress’s tacit assent. If they do, America’s standing in the world will continue to suffer, as will the fight against terrorism.

As for the use of secret evidence in detainee trials, defendants will be now be allowed to see evidence against them in “summary or redacted form.” As Slate’s Alexander Dryer noted, the extent of the redaction matters: “We are sentencing you to death because of evidence you _____ on ____ with ____” isn’t very helpful. Better yet, less than an hour after the agreement was announced, the White House was already “laying a path to wiggle out” of this concession.

I’m skeptical that Dems can do anything to stop this charade — given their numbers and the political climate, I doubt they’ll even try — but this “compromise” is a disaster. McCain, Warner, and Graham should feel humiliated.

Now let’s see what the completely out of touch, blind, excuse making numbskulls like David Broder have to say–if he had any sense of decency left in the shriveled remnants of his brain he would no doubt slam McCain et al. However, it is my guess that Broder has a huge man-crush on McCain, has been promised access to McCain, and is just a hypocritical old twit and will therefore claim that “he was f&*!*ing proven right” by supporting (and fawning over) McCain on this.

  • Bubba basically beat me to it. However pitiful McCain’s cavein was, this whole sorry episode will only enhance his stature with dimwits like Broder and Richard Cohen. The MSM will continue to treat McCain as if he walks on water, while preparing generic barbs for any Democratic candidate, with only the name to be inserted later. The saddest thing, both from a moral and political standpoint, is that the Democrats have basically abstained from this sorry debate. It is doubtful that 41 of these spineless bastards will vote against cloture on this bill. So we slip a little further into totalatarianism with barely more than a little Democratic handwringing.

  • McCain, Warner, and Graham may have avoided doing anything bad. But they have utterly failed to do anything good. The old adage that “all that is required for evil to prevail is for good men to do nothing” will be the hallmark of this administration. Good men on both sides of the aisle have stood by while Bush and his gang have ruined the country’s finances and reputations.

    And that is shameful.

  • I’ve seen “The Three Musketeers,” The Three Amigos,” and “The Three Stooges.” So—when can I get tickets to see “The Three Tail-Tucking-Yellow-Dog-Cowardly-Republicans?”

    And the “Chief Tail-Tucker”—McCain—wants to be President? I wouldn’t hire that little runt to mow my yard, shovel my sidewalk, or trim my hedges. It’s pretty obvious now that he can’t start something, and carry it through to completion.

    If he thinks his “deal” with Bush is so good, then maybe we should just give his ass back to the Vietnamese. Who knows? Maybe they’ve still got his old jungle-cage waiting for him.

    McCain: Worst. Presidential-wanna-be. Ever.

  • Too bad the Dems don’t have the gonads to come out & say:

    Hey, nice little dance for the press, but we are not buying it. You scumbags are still endorsing torture, and that has not changed just because you have disagreed to take us into a full blown dictatorship.
    Let us all quote VP Cheney:
    Republcians, go fuck yourselves

  • It’s official. The most powerful Republicans in Congress now officially endorse unrestricted torture in secret prisons in unknown places for unknown people. Then they stood before the nation, and lied about it as if no one can read – amazing. If Bush and company don’t see fit to kill their prisoners (while being exempt from prosecution because of the “accidental death”), the victims can now be brought before a secret kangaroo court where their appointed attorneys can review meaningless evidence. Osama must be laughing in his tea at how low the Republicans can go to appeal to their base base base supporters. It’s one thing to have a sadist for a president. It’s another thing entirely to have the leaders of the GOP proudly march in step to such barbarism. When the bill gets through Congress, there must be an immediate appeal to the Supreme Court. Lord have mercy.

  • I stopped reading the LA Times when they dropped Robert Scheer from their editorial page, finally fed up with their slow swing to the right. I happen to see that lead this morning while waiting for my (now slightly higher priced) cup of coffee, and skimmed the story. Even though it was slanted to give the impression McCain et al “won” and Bush “caved in”, it was obvious the opposite. I wonder if the recent problems at the Times (loss of readership resulting in fewer adverts and decresed income-profit) arent related to their swing to the right? (thank the Tribune conglomorate for that).

    My parents are considering moving to Costa Rica…

  • Here is what I said today at That’s Another Fine Mess:

    THANK YOU, SENATOR JOHN McCAIN

    By: Thomas McKelvey Cleaver

    For the past several weeks there has been a major political
    high wire act going on, a confrontation between tortured prisoner
    of war Senator John McCain and former torturer of frogs as a
    child, President George W. Bush, over the question of whether the
    United States, the country of morality under the law, would allow
    torture of enemy prisoners to take place, would allow the
    “fruits” of that torture to be used against the prisoner in a
    trial, and whether the Geneva Accords would remain the standard
    of international law for what remains of “civilization” in a
    world of modern war.

    In the wake of the Supreme Court decision in Hamdan v United
    States, which held that George W. Bush does not have the
    authority to overthrow 200 years of American jurisprudence and
    constitutional law, McCain and former member of the Judge
    Advocate General Corps of the Air Force, Senator Lindsay Graham,
    “stood up” to the Bush Administration and said they would not
    support a law that made legal what had been declared illegal.

    George Bush threatened to stop any interrogations of suspected terrorists, and claimed the Senators were standing up for the rights of terrorists who only want to destroy everything about us. McCain and Graham, and Senator John Warner stood firm against this pressure.

    Until yesterday.

    Yesterday a “compromise” was reached that “protects” the Geneva Accords and continues the American tradition justice under the laws which has been the truly great thing about this constitutional republic known as the United States of America.

    And if you believe that, I invite you to come stand with me on the Santa Monica Pier this weekend and watch the sun rise out over the Pacific.

    Here’s what the “compromise” accomplishes as it “leashes” an
    unleashed president:

    It would eliminate the right of any alien who is in US custody outside the US, or who “has been determined by the United States to have been properly detained as an enemy combatant”, to file for habeas corpus, thus ending 800 years of Anglo-American jurisprudence and one of the most important individual rights in any legal system.

    Additionally, it would eliminate the right of any such alien to take any legal action against “the United States or its agents” concerning the conditions of his or her detention, other than to appeal the results of Civilian Status Review Commissions or military tribunals. There would be no appeal allowed to the American judicial system.

    Both of these provisions apply to all cases pending when the bill becomes law, which means that any of the cases currently wending their way through the legal system that haven’t been resolved by that time become moot. No law reforming the criminal justice system ever passed by an American congress in over 200 years has done such a thing before. This is called an ex post facto law, and is specifically held illegal in the Constitution.

    It changes the definition of war crimes: currently, any conduct that violates Common Article 3 of the Geneva Conventions counts as a war crime; the draft bill changes this to “a grave breach of common Article 3”. And the lawyers can argue what constitutes a “grave breach” from here til doomsday without coming to a conclusion.

    And it makes this paragraph from the Detainee Treatment Act applicable to any prosecution for war crimes involving violations of Common Article 3 after September 11, 2001:

    “In any civil action or criminal prosecution against an officer,
    employee, member of the Armed Forces, or other agent of the
    United States Government who is a United States person, arising
    out of the officer, employee, member of the Armed Forces, or
    other agent’s engaging in specific operational practices, that
    involve detention and interrogation of aliens who the President
    or his designees have determined are believed to be engaged in or
    associated with international terrorist activity that poses a
    serious, continuing threat to the United States, its interests,
    or its allies, and that were officially authorized and determined
    to be lawful at the time that they were conducted, it shall be a
    defense that such officer, employee, member of the Armed Forces,
    or other agent did not know that the practices were unlawful and
    a person of ordinary sense and understanding would not know the
    practices were unlawful. Good faith reliance on advice of counsel
    should be an important factor, among others, to consider in
    assessing whether a person of ordinary sense and understanding
    would have known the practices to be unlawful.

    In other words, the defense offered by the Nazis at the Nuremberg War Crimes Trials – that “we were only following orders” – is now the law of the land. By an unconstitutional ex post facto law, we have adopted the Nazi’s standard of behavior.

    Hurrah for John McCain, Lindsay Graham, and John Warner, those staunch defenders of the Rule of Law. Julius Caesar would be proud of their craven surrender of the principles upon which this Republic was founded, the principles that – once upon a time – really did make the United States the moral compass of the world.

    So tell me again, what is it that differentiates us from our enemies, “those who hate freedom”????

    God Damn Them All To Hell!

    May these traitors to the Republic burn for ten eternities for their crime.

  • I’m shocked. So can we assume that a signing statement will totally give the White House what they wanted.

    I knew they were going to cave, but like always, a little place deep inside thought they might do the right thing. I am so fucken sick of republicans.

  • From the New York Times – the White House is already reneging:

    About the only thing that Senators John Warner, John McCain and Lindsey Graham had to show for their defiance was Mr. Bush’s agreement to drop his insistence on allowing prosecutors of suspected terrorists to introduce classified evidence kept secret from the defendant. The White House agreed to abide by the rules of courts-martial, which bar secret evidence. (Although the administration’s supporters continually claim this means giving classified information to terrorists, the rules actually provide for reviewing, editing and summarizing classified material. Evidence that cannot be safely declassified cannot be introduced.)

    This is a critical point. As Senator Graham keeps noting, the United States would never stand for any other country’s convicting an American citizen with undisclosed, secret evidence. So it seemed like a significant concession — until Stephen Hadley, the national security adviser, briefed reporters yesterday evening. He said that while the White House wants to honor this deal, the chairman of the House Armed Services Committee, Duncan Hunter, still wants to permit secret evidence and should certainly have his say. To accept this spin requires believing that Mr. Hunter, who railroaded Mr. Bush’s original bill through his committee, is going to take any action not blessed by the White House.

    On other issues, the three rebel senators achieved only modest improvements on the White House’s original positions. They wanted to bar evidence obtained through coercion. Now, they have agreed to allow it if a judge finds it reliable (which coerced evidence hardly can be) and relevant to guilt or innocence. The way coercion is measured in the bill, even those protections would not apply to the prisoners at Guantánamo Bay.

  • I’m pretty sure the rest of you, like me, were led to believe there was absolutely no common ground between the positions – no room for negotiation. What was being done was wrong, dead wrong, and what was being proposed would restore US moral stature. Now we see there was basically forty acres of common ground, that there was no problem, really, with allowing the president to authorize torture or secret evidence, just so long as a judge agreed there was sufficient reason to believe the suspect might reasonably be guilty of the accusations. Oh, and there’ll be no need to hold anyone (wink, wink) accountable for bad shit that’s already happened.

    I’m pretty sure Bush can find a judge who would sign off on the possibility that Thomas Jefferson is still alive. Against all odds, in a world that hates his guts, this little alcoholic yahoo keeps getting his way. Maybe Americans should just bow down and submit – having elected him, you’re going to be ruled by Bush until he dies.

    I really feel sorry for you guys, and thank God every day that I don’t live there. By the time he finally relinquishes his imperial grip on America, what’s left will be unrecognizable.

  • A few things:

    He will do so by issuing his own interpretation of the Geneva Conventions in an executive order …

    Anyone surprised by this raise your hand. Anyone … ?

    The other issue is the fact that 3 Senators + 1 President does NOT = legislation. It’s been a while since I’ve had a civics class, but I’m pretty confident that there are 97 other Senators who have a say on whether or not a bill gets passed. It’ll be interested to see if any of those remaining 97 stand up for the principles upon which this country was founded.

    And if they don’t, it will say a lot about just how far we’ve fallen as a nation. I just hope we can get back up …

  • How come I am not seeing such outrage from the elected Dems about this?? As CB states “I’m skeptical that Dems can do anything to stop this charade — given their numbers and the political climate, I doubt they’ll even try…”

    Isn’t not trying as (if not more) “shameful” as the 3 Republicans who “caved”???

  • Tin soldiers and Nixon’s coming,
    We’re finally on our own.
    This summer I hear the drumming…

    Neil Young, “Ohio”

  • From a practical point, what should be done? The most obvious thing is that Democrats in congress should delay any vote on this until after the election. It is clear that the only urgency on this issue has been manufactured by the White House. Those Al Qeada detainees, who were suddenly transfer to Guantanemo, spent most of the last five years rotting in secret CIA prisons with no prospect of a trail. They can wait a little longer until the American people speak in November about whether they still support BushCo.

    The other thing that must be done is a full out media assault on the meme that this was a great compromise. The American people must have the point driven home that Ole’ Hugs McCain and Huckleberry Graham are willing actors in the BushCo Political Theatre. They play good cops opposite the administration’s bad cop. While the director Rove sees this as drama, we on the left must turn the production into a comedy and make these guys laughingstocks.

  • Yes, CB, you SHOULD go to that chalkboard. I have a portable one right here, you can borrow it if you want. My chalkboard even has depression marks from banging my forehead against it. You will also see chalk marks that say Specter (wiretapping cave-in), McCain (semi-annual detainee cave-in), Pat Roberts (Phase II cave-in) and on and on…( /sarcasm off. )

    But keep up your good work, CB. Let’s save our hopeful idealism for after November. For now, I’m for an all-out truth-assault on even the hint of disingenuousness, let alone obvious charades of this magnitude.

  • I guess I am not surprised – they know which side of the bread is buttered. McCain want to be president that he can’t afford to offend the party aparchik and the way this went down makes him look like he took a principled stand without any of the pesky party blowback. Graham….he plans on sticking around and didn’t want to look like he didn’t know how to be a “team player.” Warner I would say he doesn’t want to tarnish is reputation among the GOP.

    All I can say is the next president is going to spend a good bit of 4 years undoing or at least trying to undo, what the Frat boy In Chief and his peeps have been doing.

  • I am amazed that anyone actually believes that The senators have actually accomplished anything or intended to accomplish anything other than the favor of the press. The President will simply issue one of his signing statements saying that the
    Geneva Convention is to be followed as it is interpreted by the President. I hope voters remember McCain’s duplicity when he launches his campaign for President.

  • Rasputin Rove probably promised to bomb McCain’s future political hopes back to the stone age if he continued to make a stand for what was right. Old J. Edgar knew the value of recording and monitoring friends and foes too. F__king crossdressing dwarf that stood on a box and had cat shit analyzed in the FBI laboratory to see if it came from his neighbor’s cat. I’ll bet there are many more similarities between Hoover and Rove. Can’t have dissent in the Republiclown ranks while we wait for Rove’s promised October surprise. Maybe Israel bombing Iran followed by a staged attack on US troops in Iraq at the Iranian border. Our Armageddon Administration knows no moral or ethical bounds and Israel WILL NOT tolerate Iran having nuclear weapons and the time may come soon when Shrub can not act. The Tom Delay arm twisting replica, Bolton may not be in the UN much longer. I can’t wait. I hope we get to live till then.

  • “I’m skeptical that Dems can do anything to stop this charade” — CB

    Maybe not, but they can sure make a lot of noise about it. A majority of Americans still believe in due process and think that torture is wrong. Dems should grab every available microphone and flat out reject the notion that protecting the public demands that we torture and deny due process. And they should not stop until the day after the midterm election. Then, after they get a majority, they should move to reverse this travesty.

  • When I read the summary sidebar on the “deal” this morning, my bs detector went off. The two things that were the primary culprits in setting off were:
    1) reversal of habeas corpus.
    2) this will be legislation that establishes that the President of the United States is authorized to “interpret” the Geneva Conventions, of which the United States is a signatory.
    The whole McCain/Warner/Graham thing looks staged to me; the Republicans stole the spotlight for opposing the bill, and it was just a charade. And the net result is a typical Bush administration wolf-in-sheep’s-clothing bill that will be marketed as a “reasonable compromise” when in fact the so-called “honoring of the spirit of the Geneva Coinventions” is just window dressing, while the guts of the important language in the bill is an outrageous piece of legslation.
    I intend to write my US Rep and Sens.

  • Pulling out of or rewriting our commitment to the Geneva Conventions would allow other nations to do the same. In two years that might mean there would be no Geneva Conventions to rejoin. By perverting our own laws and leaving the Conventions intact, our bureaucracy is preserving our international commitments until we navigate whatever national spasm of shame awaits and put in place laws that will prevent similar abuses in the future.

    I agree with those who say the resolution hammered out between Congress and the White House does nothing to check Mr. Bush’s powers or excesses. I disagree with those who assumed that it ever would.

    http://thepremise.com/archives/09/22/2006/171

  • I’ve got to hand it to the Democrats. The strategy of allowing the Republicans to “thrash out” their differences on the treatment and prosecution of detainees has played out exactly as planned…for the Republicans. Don’t let anyone convince you that you can go to the well too often…that is if you are a Republican and your opponent is a fully inept Democratic Party.

    Amidst a trend of favorable polling data and a firestorm of speeches by the President to refocus the voting public on their fear of terrorism, the Democrats stood in the background for the past two weeks and watched what the GOP will call the difficult work of creating legislation that preserves our commitment to civil liberties while at the same time providing our determined President with the essential tools needed to pursue those who seek to kill us all.

    OK, perhaps I’m being too harsh. There is a possibility that in the past two weeks the Democrats were able to devise their sixth iteration of a campaign slogan and strategy to roll out with less than 50 days to the election. Perhaps they could call it “Fifty States, Fifty Days…But Never Fifty Percent”! It’s catchy, it’s succinct, and it may well be accurate come November 8th. Arrgghh, not again!

    Read more here:

    http://www.thoughttheater.com

  • It has come full circle now. Republicans ARE the enemy of the state. The list of deeds they have performed that undercut MY America is too long to enumerate at this point.

    They have a zero level of credibiity and cannot be reasoned with. We have to be prepared to adapt to a new reality. Adaptation does not come easy for a fat and happy consumer like myself, it’s much easier to remain passive, but I WILL NOT DRINK THE COOLAID!

    Will you?

    How about your children? Don’t you think the actions taken by the republicans will affect your children?

    They are setting the table for all of us.

  • It’s treason, pure and simple, and it’s not a done deal yet. We have only a couple of hopes. The first hope is that the Dems find their voice and howl, and there are some right thinking Republicans out there who will not go along with this no matter what McCain says. The next is judicial review which should stop this one even with Alito and Roberts taking up two chairs. I think the voters all need to loby their senators and reps on this one. It’s scarey because the press is so complicit.

  • Charles Pierce at Tapped has it exactly right:

    There is nothing in this bill that President Thumbscrews can’t ignore. There is nothing in this bill that reins in his feckless and dangerous reinterpretation of the powers of his office. There is nothing in this bill that requires him to take it — or its congressional authors — seriously. Two weeks ago, John Yoo set down in The New York Times the precise philosophical basis on which the administration will sign this bill and then ignore it. The president will decide what a “lesser breach” of the Geneva Conventions is? How can anyone over the age of five give this president that power? And wait until you see the atrocity that I guarantee you is coming down the tracks concerning the fact that the president committed at least 40 impeachable offenses with regard to illegal wiretapping.

    And the Democratic Party was nowhere in this debate. It contributed nothing. On the question of whether or not the United States will reconfigure itself as a nation which tortures its purported enemies and then grants itself absolution through adjectives — “Aggressive interrogation techniques” — the Democratic Party had…no opinion. On the issue of allowing a demonstrably incompetent president as many of the de facto powers of a despot that you could wedge into a bill without having the Constitution spontaneously combust in the Archives, well, the Democratic Party was more pissed off at Hugo Chavez.

    This was as tactically idiotic as it was morally blind. On the subject of what kind of a nation we are, and to what extent we will live up to the best of our ideals, the Democratic Party was as mute and neutral as a stone. Human rights no longer have a viable political constituency in the United States of America. Be enough of a coward, though, and cable news will fit you for a toga.

    However, because I know it is vital for the Democrats to “recapture” the good Christian folks, there’s a passage from Scripture that seems apropos: “When Pilate saw that he could prevail nothing, but that rather a tumult was made, he took water, and washed his hands before the multitude, saying, I am innocent of the blood of this just person: see ye to it.”

    — Charles P. Pierce

  • The AP has an interesting article up now (written by Anne Plummer Flaherty) which quotes John Yoo as saying, “It sounds like the Administration got a pretty good deal, actually.”

    That tells you all you need to know about the “compromise.”

  • Fellow Esquires, you fail to understand the true state of affairs. We are engaged in a Crusade by the Command of God to stamp out the Mohammedia Heresy.

    The tools of excruciation are needed not to win mere armed struggles, but to stuggle for the souls of heretics. You may capture a man, even get him to reveal secrets about his compatriots, but you cannot save a man’s soul from utter delusion by Satan by such means.

    Our Glorious Leader Bush understands this, and is equiping God’s Army with the tools needed to open a man’s soul to the one true God and his Book, and away from the one false God and his Book. I find your nancy-boy handwringing over treaties and the repute of our Nation is the face of Eternity insufficiently Pious!

  • Where is congress? We need to make sure that both reps and dems who do not take an agressive stance on this torture issue are kicked out on their lazy, stupid butts. ASAP. This issue must bring all parties together against a mobster regime. We are at a turning point in our history and we must make sure all America is aware of what is at risk here! People we are about to lose America! Tell everyone you know to read about what the Genevia Convention stands for and why it is so important for all human kind!

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