Dan Riehl kindly took the time to exchange a few emails with me on the resurfaced issue of the CIA’s use of enhanced interrogation techniques and the Bush Administration’s authorization of those techniques. I think visitors will find the back and forth, especially Dan’s adeptness at presenting an alternate perspective than that generally found on this site, makes for pretty interesting reading.
In the discussion I moderated between yourself and Conor Friedersdorf, you made it pretty clear that you viewed the Iraq War as one of necessity and not choice. Given that view, what is your reaction to the increasing evidence that the Bush Administration, specifically Vice President Dick Cheney, authorized the use of enhanced interrogation techniques in what the Administration termed the War Against Terror?
Fortunately, this doesn’t pose a problem for me. Though I do have only one good cordless, I do have an extra electric drill, or two. So, if the CIA ever runs short, at least they know where to come. Oh, and a Milwaukee Sawz All that really torques – but I’d be hard pressed to part with it, even for such a good cause.
The more serious answer is, I have utmost faith in former VP Cheney to understand and act upon what is the best interests of our country. And that by and large applies to our intelligence community, too. So, I am without concern in this regard, excepting that Obama either can’t control AG Holder, or he is simply looking for a political card to play for some reason. I believe he should be held accountable in either case and tossed out of office in 2012, if not before. But I would certainly not advocate torture, even if I do see him as something of a danger to America.
While you’re not alone in it, that confidence is something many Americans are having a tough time finding given the perceived moral fuzziness around the Administration’s reasoning for going to war and using said tactics. What forms that confidence for you?
I’m not clear upon what it is you base your question. “Many Americans”? How many? What is it that tells you this is a significant concern for “many Americans”? I understand some question it, including those aligned with Obama. But even he said it was time to move forward sometime back and that seemed to be a popular decision for “many Americans”.
I’ve observed Dick Cheney for over two decades. And I also think more has been made of some alleged war on terror tactics by the opposition purely for political purposes. Isn’t that like creating a straw man then using it to launch an attack?
I’ve never known Cheney to do anything to harm this country in those decades, why should I expect that of him now for no reason? He seems to be a loyal, patriotic law abiding American to me. Always has. So, given no evidence to the contrary, the onus should be upoin his critics to tell me why I should mistrust him somehow. And not the reverse.
Well, to haggle a bit, according to this fairly recent Gallup poll, only 37% of Americans have a favorable view of former Vice President Cheney, which is a seven point improvement from March. So it seem fair to conclude that, in fact, a sizable majority of Americans, 63%, have a negative view of former Vice President Cheney.
But to the meat of your response, is it then your contention that if someone is patriotic that they are thereby incapable of doing something wrong or morally unacceptable, even, perhaps, in the name of said patriotism?
One’s popularity doesn’t necessarily equate to distrust. So, while understanding your point, it actually does nothing to suggest anything as to how many Americans might mistrust him in this sense, let alone have deep concerns over any of his actions. Several times Hillary Clinton had rather negative popularity ratings among the people. Are you saying she may have also been torturing people other than her husband in the WH basement because of her poling?
As to the moral question, certainly one can not argue that patriotism is some guard against what some might characterize as immoral behavior. Truman dropped two atomic bombs on two Japanese cities. Dresden was firebombed by the allies in WW II. Sherman burned his way across Georgia in the Civil War, a war waged by Abraham Lincoln despite the deaths of 600,000 to 700,000 Americans. Were these men immoral? And if not, than why not and why would anything Cheney allegedly deemed appropriate, torture or not, be so, given that no one suggests he ever did anything to kill so many men, women and children as all of the others above?
At most, as I understand it, anything Cheney allegedly endorsed discomforted some likely terrorists and I’ll even grant for purposes of discussion some few may have died. Truman murdered approximately a quarter million mostly innocent civilians in two days with two bombs. Exactly what principle of moral certainty is it that would permit “many Americans” to judge Truman, Sherman or Lincoln American heroes, while also alleging that Cheney is an unprincipled, evil man perhaps potentially guilty of war crimes?
The only answer I can come up with is a sort of moral equivalence, or lack of same, mostly driven by one’s particular political ideology. That’s hardly an American standard of justice. If anything, it’s in fact un-American to do that. So, you’ll have to give me some clear, firm moral standard I can apply to all of the above including Cheney and get your proposed answer. Because I can’t do it based upon anything that might be termed objectivity, fairness, justice or even a simple truth.
Was and is Truman seen as “just” or “moral” simply because he was popular in America at the time and remains so even now? I doubt a quarter million Japanese would agree were they alive to express an opinion. So we’re back to the question of whether or not one’s popularity has anything to do with one’s morality, or being above or under suspicion for something. By that standard, Paris Hilton would be the most moral, trustworthy American living at times over the last decade. So, is that your argument? Or am I missing something here? And, if so, what is it?
Well, each of the decisions you mention were certainly morally controversial, both for their time and, at least in some circles, today. I suppose that one might offer that morally controversial decisions of the past do not absolve morally controversial decisions of the present from scrutiny and that any such decision needs to be considered on its own merits.
In terms of applying a moral argument, one might be inclined to say, and, indeed, some opponents to enhanced interrogation techniques have suggested, that one’s government ought not to make decisions that cause people overt harm if it can reasonably be avoided. If we take that as our applied argument, would you be inclined to think that the techniques authorized by Cheney were, indeed, unavoidable given the surrounding circumstances?
Given that neither you, nor I were aware of all the specific intelligence available that drove the decision to invoke whatever tactics were allegedly employed, what is it you are asking me to judge? On the one hand, you admit to morality being relative, on the other, you want to stake out a position for the sake of debate that wants any relativism removed from the thinking behind a judgement of some kind on Cheney.
Also, your argument for purposes of debate seems to suggest that perhaps neither Lincoln, nor Truman, nor Sherman were genuinely moral men. Do you believe that and is that the basis of your argument that Cheney might have adopted allegedly immoral tactics against terrorists?
I could be wrong, but it seems your position is trapped here to where it has to admit this is all just a matter of opinion. Some might believe that whatever tactics were employed were, in relative terms, fine. Others may find them not so. And there seems to be no axis for the decision making process other than perhaps political alignment, or popularity.
Debating opinions rarely gets anywhere if not done based on pertinent, mutually acknowledged facts. So, again, I’m suggesting that if we could view Truman, Sherman and Lincoln as having engaged in acceptable, even if tremendously harmful, behavior because, relative to the realities, it was the right thing to do, what is different as regards Cheney’s alleged actions?
Given the scale of the actions of the other three men I named, I’m hard pressed to understand why we are even debating Cheney, given that for all we know, the particular sect of terrorists involved here was and is at least interested in securing nuclear weapons and detonating same, say in New York City if they could. Given that potential reality, is anything the CIA is alleged to have done inappropriate, while Hiroshima and Nagasaki were fine under Truman? See my point?
Other than perhaps some folks not liking Cheney, or finding some tactics he allegedly endorsed somehow unpleasant, I can’t see where you have put forth any solid argument that says Truman was fine, but Cheney went over the top – in either real, or relative terms.
Lastly, doesn’t he almost have to be guilty for the debate to even take place as you’re defining it? I suggest, as per our system of justice, it’s the opposite that should be assumed. So, can you prove Cheney guilty of something given that we weren’t there, don’t know all the facts and realities and never really will? I don’t believe any court ever will, just as they’d never convict a Lincoln or a Truman of anything. In all three cases, we were at war. It seems to me the Left, not meaning you, somehow wants to usurp executive authority here in a manner in which it has never been done in the past, even in the face of the far more deadly and destructive behavior of Lincoln and Truman.
If one is guilty of any crime, than I’d suggest so must be all three if any objective standard of judgment to be employed. And if we can’t do that, then all that we’re left with is an opinion on which well meaning people might disagree.
That’s a fair point about our respective awareness of the specific intelligence available at the time.
As a final question, I wonder, then, given that the average American isn’t likely to ever have access to that type of information due to its sensitivity, does that place citizens in the awkward position of never really knowing whether the actions taken by their government representatives are potentially morally objectionable until much later down the road, at which time rectifying and/or ameliorating those decisions that are deemed morally objectionable becomes much more difficult and if so, is that state of affairs acceptable?
As a follow on, does such a state of affairs, if the description seems accurate, not seem to invite potential abuses regardless of the ideological or party affiliations of the representative/administration in question?
Fair points, Scott. I’d like to add a couple of points.
We are talking about situations of war here, which are, constitutionally, the province of the executive branch and also the province of such things as covert intelligence, covert ops, etc. So, yes, the danger you mention exists. But we have representative government, after all. We elect leaders and bestow certain powers upon them. I’m not sure second guessing them, particularly when said questions appear to come only along partisan political lines, is productive. They represent us, like it or not – and under incredible pressures we don’t know or understand in certain instances.
I don’t want to read NY Times exposes on our intelligence gathering under Obama any more than I liked them under Bush.
But that does not mean I am against as much sunshine as possible when it comes to governance in general – and across party lines. So, why I think it is fair to question elected leaders regularly, in certain areas, I’m afraid a certain amount of trust is the best thing we have.
There will always be some risk, I believe we have the best system, which doesn’t mean it is perfect. But I no more want to go back and impeach Truman for what he did, than I do Cheney or Bush. Now, when some things come out – as was the case with a movie suggesting Clinton dropped the ball on terrorism during his years – okay, we can argue and debate that – just as it is fair to argue and debate Bush and Cheney now. Where I draw the line is the kind of Special Prosecutor crap Holder and Obama seem to be embracing now.
Such actions are more likely to weaken our national defense than they ever will strengthen it. I doubt very much if Obama is going to want prosecutors running around behind his war decisions whenever he is finally tossed out of office as the incompetent he seems to be. If you think I feel good about trusting him on National Security just now, frankly I don’t. But he’s entitled to that trust based upon an open election. So I wouldn’t support any witch hunt of an investigation there either, not now, nor when he leaves office.
Borat: “I do a picture, only small, of the Tishnik Masacre. Where many Uzbeks…crushed!”
Kindly Gray Hippie: “How did you feel when you drew this?”
Borat: “Very proud!”.
KGH: “I’m just listening with sadness…a little sadness for your people…?”
Borat: “Yes…no, it is not sad. It is us who do the kill!”
When in doubt,
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By alternate perspective do you mean standard torture apology. What is unique about what he says? He does a fine job of equating combat actions in conventional wars of popular presidents to the treatment of captured persons. He doesn’t , nor do you bring up, that some of the “discomforted” were eventually released so they were sort of, kind of, maybe not terrorists at all but innocent folks. Also not mentioned is that there are laws ( I won’t bring up moral standards since they don’t seem to apply) about how to treat prisoners and those laws were broken. He is not bothered by a few prisoners dieing?????? WTF. Excusing the deaths, very possible by torture, is about as big a deal as there can be.
So I gather waterboarding, beating, threatening to rape and kill the prisoners family isn’t torture, threatening with guns, drills, saws isn’t torture, etc. What the hell is torture then? Ask him that?
If Obama wanted a big political card to play he would have pushed for an investigation of this right out of the block. We would already be hip deep in commissions. His suggestion that this is all politics is clueless. If O wanted stuff to hold on bushy why would this just be happening now instead of six months ago. Why not a big investigation? Why has he dragged on releasing info?
?? “a war waged by Abraham Lincoln”?? well yes he did wage the Civil War. Maybe you should e-mail him and ask if he knows how the Civil War started?
Agreed. Truman, Lincoln and Cheney are imminently distinguishable in that Lincoln and Truman made decisions regarding battlefield action which are largely exempt from the rules of war, whereas Cheney’s actions concerned treatment of captured combatants, about which there is some degree of consensus (i.e. the Geneva Conventions).
That said, and its a point I repeatedly return, its worth understanding why these decisions were made, as you both acknowledged. And the inability of the public to ever fully know the conditions under which Cheney made his decisions will be a large roadblock to changing public opinion. Like it or not, the decision to torture was made in the shadow of 9/11 when emotions were high and fear was the prevailing consideration.
“an alternate perspective than that generally found on this site“
I think what I meant is pretty clear.
Sorry, my “wonderful” Microsoft IE browser is cutting off the far right margin. If I was only at home with my sweet , sweet Firefox.
Hmmm, you seem not to be the only person having that problem. Thanks for the heads up, we’ll look into it (by which I mean E.D. will fix it).
Evasive, more concerned with point-scoring than clarifying areas of disagreement, and poorly reasoned on several occasions?
I certainly don’t agree with Dan and wasn’t in any way persuaded by his arguments. But I do think it was worthwhile having a perspective that none of the contributors here are likely to hold presented on the site so as to encourage debate on the topic given it’s timeliness and relevance.
Insofar as this interview was conducted with that in mind, Dan’s alternate perspective is, indeed, one that is not generally found on this site, regardless of its efficacy. And I do think that, on the whole, Dan is pretty adept at presenting it, again, regardless of its efficacy.
I agree that the exchange was worthwhile, and I think you did a good job in your follow up questions.
I’m using IE now….and nothing is cut off. Is anyone else having trouble with the new layout? I personally rather like the new layout but I’d be interested to hear if others disagreed, agreed, etc.
Yeah I still have the most rightward text cut off. I thought that was just my preferences and opinions. Now that is think of it, I’m fine with losing the right margin of the posts.
FWIW now both the left and right sidebars are cut off. is that some sort of political statement?
I´ve never seen a bigger collection of non sequitors than this answers…Sometimes, it even looked as a satire.
I don’t understand most of the arguments he’s trying to make. I’m pretty sure for example electing officials doesn’t in fact immunize you from the law. Rather we elect public officials to the executive office to UPHOLD the law, and in this case it’s quite clear that said law wasn’t upheld.
Is Mr. Riehl also perhaps under the impression that Dick Nixon was unfairly persecuted out of office as well?
Ok. I forgot about Sarah Palin interviews for a moment…my bad.
Sorry, but this exchange was too cute by half. Verbose equivocations and pompous pronouncements that do little to illuminate. The whole Lincoln, Truman, Sherman, Dresden thing is little more than off-brand sophistry. The real issue here is the (as yet undebunked) assertion that Cheney, et al, cooked up a war that had no genuine necessity, purely for the purposes of cementing the right into a position of influence for the foreseeable future.
Mr. Riehl states, I’m not sure second guessing them, particularly when said questions appear to come only along partisan political lines, is productive.”
As long as the Republican Party works to never question its own members unless it is politically expedient to do so (as in when one of them is caught in sex scandal), all questioning of Republicans will be partisan.
Republicans know this, and love to pretend that non-Republicans are partisan hacks for simply wanting the truth exposed and the law upheld.
I think the responsibility lies at the top of the administration that asked for torture to begin by renaming it as “enhanced interrogation techniques”, (even Ronald Regan, called the practice of torture “abhorrent”), is anyone surprised that Cheney is now crying about the investigations.
It’s actually kind of rare to see such blunt authoritarianism. Usually it’s a little more disguised. But basically Dan said that it’s ok for innocent foreigners to die so long as US citizens think that they are safer.
Wasn’t it sainted Ronnie Reagan who talked about the US being a shining city upon a hill? [pause ... googles ] yup.
Last I checked, the 5th Amendment, which restrains the actions of the US government, applied to all persons, not just citizens.
oh well, Constitutional rights are less important than feeling safe and superior, I guess.
Honestly I don’t think he took this interview seriously and just used it as an opportunity to sarcastically come off as an obtuse ass with some pompous “I am more intelligent than thou” attitude:
As an example, the snide reply to Cheney’s popularity and whether he is trusted or not…”One’s popularity doesn’t necessarily equate to distrust…”
That answer might be fine coming from someone who was in the Australian outback between 2005 and now but not some political blogger. Hell, even back in 2007 Dick Cheney fell in at the bottom of the dung pile as to who American’s trusted in the war on terrorism.
I think you wasted a bit of bandwidth here with this interview. I have no problems with hearing opposing views and actually think they are important to hear, as given with proper support and argument they can reframe your existing view. I have no interest in reading a piece where the person having the opposing view so overtly tries to act as a caricature of someone with that view. This was simply bad acting to a degree.
If he wasn’t acting then this is a person (of whom I’ve never heard of till today) who doesn’t warrant having a serious political discussion with as he clearly lacks even a fundamental understanding of US law, history, the Presidency, the military and so forth ad nauseum…
Am I the only one who found it hard to even understand his responses? A lot of the syntax is so strangled that I had to re-read a sentence 3-4 times before I even followed what he was trying to say.
“I’m not clear upon what it is you base your question.”
Who writes like this? This guy is a professional blogger? Maybe I’m too much of a writing snob, but I have a really hard time getting past this and taking the actual content seriously…
Riehl seems to make 2 arguments, the second of which is rather remarkable: 1) The “enhanced interrogation” techniques did not constitute torture, and 2) even if they did, torture of even innocent suspects is ok b/c in other “total” wars American politicians and generals ordered savage battlefield acts that resulted in the deaths an of far more innocent people. Argument #2 is similar to John Yoo’s notorious assertion that the President has the right to order “interrogators” to crush the testicles of a detainee’s young son if that would make the detainee talk–I guess he might say that you can’t make an omelette without breaking a few huevos. It’s not a serious argument from either a legal or moral standpoint, and even Cheney has never gone that far.
No mention of the Geneva Convention, which was ratified by the United States in 1949, after Truman dropped the bomb (and quite a while after Sherman and Lincoln)? No mention that we now understand and universally agree that there is such a thing as war crimes, and that a state of war does NOT justify any and all behavior in the conduct of said war? Why did you just let this guy’s claims and moral equivalencies go unanswered? I really don’t understand your role here — was it to give a free, unchallenged platform to a guy to misrepresent opposing arguments?
While you think of answers to these questions, I’m off to deny women the right to own property, discriminate against black people, arrest some people without reading their Miranda rights, and make my 10 year old child work 12 hours a day in a sweatshop. After that, I think I’ll go home and beat my wife. All this stuff used to be legal, so it must be fine now, right?
Other questions you might have asked:
1. Are there war crimes?
2. Can the United States commit war crimes?
3. Can the executive commit war crimes?
4. What is not allowed in time of war?
5. Does the US government have the responsibility to investigate and prosecute war crimes (if you agree that they exist)?
6. The Attorney General is currently investigating only those who went beyond what the Bush OLC outlined as legal interrogation methods. If the Attorney General finds that people did go beyond what was defined by the Bush OLC as legal (disregarding the apparent evidence that much of the rationale was post hoc), must he prosecute, or should he ignore their actions? More generally, under what circumstances should the nations law enforcement officer prosecute or not prosecute actions he has found to be illegal?
7. You trust Dick Cheney, and profess surprise that others distrust him. Meanwhile, you want Barack Obama to resign or be impeached before the end of his first term, after only eight months in office, on the basis of what you see as his inappropriate behavior. Do you see any contradiction between these perspectives?
More questions:
Under the ticking time bomb scenario, is it appropriate to use these interrogation practices (including those allowed under the OLC memos, and those not allowed but committed) on people who may or may not have information that can help (i.e., you do not know whether they have the information you need)?
Is it appropriate to use these practices to gather actionable intelligence, but not under a ticking time bomb scenario?
Is it appropriate to use these practices on people who have not been clearly demonstrated to be enemy combatants?
Whom should you not use these practices on?
Can you respond to these questions without mentioning Truman, or the Aztec practice of human sacrifice?
Very well said Daniel. The further I got through the interview the more I was thinking, why is this interviewer not challenging the nonsense and bizarre comparisons the interviewee was espousing.? I am sure if you were asking the questions it would of been a far more interesting read.
One thing that struck me was his argument about elected officials in a representative government. Cheney was elected VICE President and his constitutional responsibility was to breath and preside over the Senate from time to time and cast tie-breaking votes. Yes, the President can delegate some responsibilities to his or her VP, but Cheney considered himself a completely separate branch of government and was the clear motivating force behind the, euphemisms be damned, pro-torture policy of the “Bush” administration. The President essentially signed off on whatever Cheney wanted, at least in the first term; and Cheney’s recent comments indicates that he resents W “going soft” in his second term. This is just one of many ridiculous red herrings and straw men Mr. Riehl sets up in his argument.
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